II 

113TH CONGRESS 

2D SESSION S. 2177 

To establish an Office of Forensic Science and a Forensic Science Board, 

to strengthen and promote confidence in the criminal justice system 

by ensuring scientific validity, reliability, and accuracy in forensic testing, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2014 

Mr. LEAHY (for himself and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To establish an Office of Forensic Science and a Forensic 

Science Board, to strengthen and promote confidence 

in the criminal justice system by ensuring scientific validity, reliability, and accuracy in forensic testing, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Criminal Justice and Forensic Science Reform Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Purpose. 

TITLE I—STRUCTURE AND OVERSIGHT 

Sec. 101. Office of Forensic Science. 

Sec. 102. Forensic Science Board. 

Sec. 103. Committees. 

Sec. 104. Authorization of appropriations. 

TITLE II—ACCREDITATION OF FORENSIC SCIENCE 

LABORATORIES 

Sec. 201. Accreditation of forensic science laboratories. 

Sec. 202. Standards for laboratory accreditation. 

Sec. 203. Administration and enforcement of accreditation program. 

TITLE III—CERTIFICATION OF FORENSIC SCIENCE PERSONNEL 

Sec. 301. Definitions. 

Sec. 302. Certification of forensic science personnel. 

Sec. 303. Standards for certification. 

Sec. 304. Administration and review of certification program. 

Sec. 305. Support and technical assistance for State and local laboratories. 

TITLE IV—RESEARCH 

Sec. 401. Research strategy and priorities. 

Sec. 402. Research grants. 

Sec. 403. Oversight and review. 

Sec. 404. Public-private collaboration. 

TITLE V—STANDARDS AND BEST PRACTICES 

Sec. 501. Development of standards and best practices. 

Sec. 502. Establishment and dissemination of standards and best practices. 

Sec. 503. Review and oversight. 

TITLE VI—ADDITIONAL RESPONSIBILITIES OF THE OFFICE OF 

FORENSIC SCIENCE AND THE FORENSIC SCIENCE BOARD 

Sec. 601. Forensic science training and education for judges, attorneys, and 

law enforcement personnel. 

Sec. 602. Educational programs in the forensic sciences. 

Sec. 603. Medicolegal death investigation. 

Sec. 604. Intergovernmental coordination. 

Sec. 605. Anonymous reporting. 

Sec. 606. Interoperability of databases and technologies. 

Sec. 607. Code of ethics. 

Sec. 608. Needs assessment. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 


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1 (1) BOARD.—The term ‘‘Board’’ means the Fo2 rensic Science Board established under section 

3 102(a). 

4 (2) COMMITTEE.—The term ‘‘Committee’’ 

5 means a committee established under section 

6 103(a)(2). 

7 (3) DIRECTOR.—The term ‘‘Director’’ means 

8 the Director of the Office. 

9 (4) FORENSIC SCIENCE DISCIPLINE.—The term 

10 ‘‘forensic science discipline’’ shall have the meaning 

11 given that term by the Director in accordance with 

12 section 102(h). 

13 (5) FORENSIC SCIENCE LABORATORY.—The 

14 term ‘‘forensic science laboratory’’ shall have the 

15 meaning given that term by the Director in accord16 ance with section 201(c). 

17 (6) NIST.—The term ‘‘NIST’’ means the Na18 tional Institute of Standards and Technology. 

19 (7) OFFICE.—The term ‘‘Office’’ means the Of20 fice of Forensic Science established under section 

21 101(a). 

22 (8) RELEVANT PERSONNEL.—The term ‘‘rel23 evant personnel’’ shall have the meaning given that 

24 term by the Director in accordance with section 

25 301(b). 


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1 SEC. 3. PURPOSE. 

2 The purpose of this Act is to strengthen and promote 

3 confidence in the criminal justice system by promoting 

4 standards and best practices and ensuring scientific valid5 ity, reliability, and accuracy with respect to forensic test6 ing, analysis, identification, and comparisons, the results 

7 of which may be interpreted, presented, or otherwise used 

8 during the course of a criminal investigation or criminal 

9 court proceeding. 

10 TITLE I—STRUCTURE AND 

11 OVERSIGHT 

12 SEC. 101. OFFICE OF FORENSIC SCIENCE. 

13 (a) IN GENERAL.—There is established an Office of 

14 Forensic Science within the Office of the Deputy Attorney 

15 General in the Department of Justice. 

16 (b) OFFICERS AND STAFF.— 

17 (1) IN GENERAL.—The Office shall include— 

18 (A) a Director, who shall have a back19 ground in science and be appointed by the At20 torney General; and 

21 (B) such other officers and staff as the 

22 Deputy Attorney General and the Director de23 termine appropriate. 

24 (2) LEADERSHIP ROLE OF THE DIRECTOR.— 

25 The Director shall have primary responsibility for 

26 establishing and implementing national policy reVerDate Mar 15 2010 02:58 Mar 29, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2177.IS S2177

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1 garding forensic science as used in the criminal jus2 tice system. 

3 (3) DEADLINE.—Not later than 90 days after 

4 the date of enactment of this Act, the initial ap5 pointment and hiring under paragraph (1) shall be 

6 completed. 

7 (c) VACANCY.—In the event of a vacancy in the posi8 tion of Director— 

9 (1) the Attorney General shall designate an act10 ing Director; and 

11 (2) during any period of vacancy before des12 ignation of an acting Director, the Deputy Attorney 

13 General shall serve as acting Director. 

14 (d) COLLABORATION AND COORDINATION WITH

15 NIST.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the appointment of the Director, the Director 

18 and the Director of NIST shall establish a Memo19 randum of Understanding to ensure collaboration 

20 and coordination in the implementation of this Act. 

21 (2) REQUIREMENTS.—The Memorandum of 

22 Understanding required under paragraph (1) shall 

23 include— 


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1 (A) policies and procedures to ensure that, 

2 in implementing this Act, the Director and the 

3 Director of NIST— 

4 (i) incorporate appropriately the prior5 ities and expertise of law enforcement and 

6 forensic practitioners; and 

7 (ii) establish structures designed to 

8 guarantee independent and objective sci9 entific determinations; and 

10 (B) agreements governing— 

11 (i) selection of members of Commit12 tees and support by NIST of the Commit13 tees in accordance with section 103; 

14 (ii) administration by NIST of grant 

15 programs described in section 402; 

16 (iii) designation of a liaison at NIST 

17 to facilitate communication between the 

18 Office and NIST; and 

19 (iv) any other appropriate collabora20 tion or coordination. 

21 (e) LIAISON FROM THE NATIONAL SCIENCE FOUN22 DATION.—The Director of the National Science Founda23 tion, in consultation with the Director, shall designate a 

24 liaison at the National Science Foundation to— 


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1 (1) facilitate communication and collaboration 

2 between the Office and the National Science Foun3 dation; and 

4 (2) encourage participation by the National 

5 Science Foundation in implementing title IV of this 

6 Act. 

7 (f) DUTIES AND AUTHORITY.— 

8 (1) IN GENERAL.—The Office shall— 

9 (A) assist the Board in carrying out all the 

10 functions of the Board under this Act and such 

11 other related functions as are necessary to per12 form the functions of the Board; and 

13 (B) evaluate and act upon the rec14 ommendations of the Board in accordance with 

15 paragraph (3). 

16 (2) SPECIFIC RESPONSIBILITIES.—The Director 

17 shall— 

18 (A) establish, lead, and oversee implemen19 tation of accreditation and certification stand20 ards under titles II and III; 

21 (B) establish a comprehensive strategy for 

22 scientific research in the forensic sciences under 

23 title IV; 

24 (C) establish standards and best practices 

25 for forensic science disciplines under title V; 


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1 (D) define the term ‘‘forensic science dis2 cipline’’ for the purposes of this Act in accord3 ance with section 102(h); 

4 (E) establish and maintain a list of foren5 sic science disciplines in accordance with section 

6 102(h); 

7 (F) establish Committees in accordance 

8 with section 103; 

9 (G) define the term ‘‘forensic science lab10 oratory’’ for the purposes of this Act in accord11 ance with section 201(c); 

12 (H) establish a code of ethics for the foren13 sic science disciplines in accordance with section 

14 607; and 

15 (I) perform all other functions of the Of16 fice under this Act and such other related func17 tions as are necessary to perform the functions 

18 of the Office described in this Act. 

19 (3) CONSIDERATION OF RECOMMENDATIONS.— 

20 (A) IN GENERAL.—Upon receiving a rec21 ommendation from the Board, the Director 

22 shall— 

23 (i) give substantial deference to the 

24 recommendation; and 


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1 (ii) not later than 30 days after the 

2 date on which the Director receives the 

3 recommendation, determine whether to 

4 adopt, modify, or reject the recommenda5 tion. 

6 (B) MODIFICATION.— 

7 (i) IN GENERAL.—If the Director de8 termines to substantially modify a rec9 ommendation under subparagraph (A), the 

10 Director shall immediately notify the 

11 Board of the proposed modification. 

12 (ii) BOARD RECOMMENDATION.—Not 

13 later than 30 days after the date on which 

14 the Director provides notice to the Board 

15 under clause (i), the Board shall submit to 

16 the Director a recommendation on whether 

17 the proposed modification should be adopt18 ed. 

19 (iii) ACCEPTANCE OF MODIFICA20 TION.—If the Board recommends that a 

21 proposed modification should be adopted 

22 under clause (ii), the Director may imple23 ment the modified recommendation. 

24 (iv) REJECTION OF MODIFICATION.— 

25 If the Board recommends that a proposed 


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1 modification should not be adopted under 

2 clause (ii), the Director shall, not later 

3 than 10 days after the date on which the 

4 Board makes the recommendation— 

5 (I) provide notice and an expla6 nation of the proposed modification to 

7 the Committee on the Judiciary and 

8 the Committee on Commerce, Science, 

9 and Transportation of the Senate and 

10 the Committee on the Judiciary and 

11 the Committee on Science, Space, and 

12 Technology of the House of Rep13 resentatives; and 

14 (II) begin, with regard to the 

15 proposed modification, a rulemaking 

16 on the record after opportunity for an 

17 agency hearing. 

18 (C) REJECTION.—Not later than 30 days 

19 after the date on which the Director determines 

20 to reject a recommendation under subparagraph 

21 (A), the Director shall— 

22 (i) provide notice and an explanation 

23 of the decision to reject the recommenda24 tion to the Committee on the Judiciary 

25 and the Committee on Commerce, Science, 


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1 and Transportation of the Senate and the 

2 Committee on the Judiciary and the Com3 mittee on Science, Space, and Technology 

4 of the House of Representatives; and 

5 (ii) begin, with regard to the rec6 ommendation, a rulemaking on the record 

7 after opportunity for an agency hearing. 

8 (g) WEB SITE.—The Director shall— 

9 (1) establish a Web site that is publicly acces10 sible; and 

11 (2) publish and maintain on the Web site— 

12 (A) a central repository of recommenda13 tions of the Board and all standards, best prac14 tices, protocols, definitions, and other materials 

15 established, accepted, or amended, by the Direc16 tor under this Act; and 

17 (B) a central repository of current and 

18 past forensic science research, which shall be— 

19 (i) collected and catalogued in a man20 ner that is easily accessible to the public; 

21 and 

22 (ii) updated no less frequently than 

23 once every 2 years. 


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1 SEC. 102. FORENSIC SCIENCE BOARD. 

2 (a) IN GENERAL.—There is established a Forensic 

3 Science Board to serve as an advisory board regarding fo4 rensic science in order to strengthen and promote con5 fidence in the criminal justice system by promoting stand6 ards and best practices and ensuring scientific validity, re7 liability, and accuracy with respect to forensic testing, 

8 analysis, identification, and comparisons, the results of 

9 which may be interpreted, presented, or otherwise used 

10 during the course of a criminal investigation or criminal 

11 court proceeding. 

12 (b) APPOINTMENT.— 

13 (1) IN GENERAL.—The Board shall be com14 posed of 17 members, who shall— 

15 (A) be appointed by the President not later 

16 than 180 days after the date of enactment of 

17 this Act; and 

18 (B) come from professional communities 

19 that have expertise relevant to and significant 

20 interest in the field of forensic science. 

21 (2) CONSIDERATION AND CONSULTATION.—In 

22 making an appointment under paragraph (1), the 

23 President shall— 

24 (A) consider the need for the Board to ex25 ercise independent and objective scientific judg26 ment; and 


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1 (B) consider, among other factors, mem2 bership on the National Commission on Foren3 sic Science and recommendations from leading 

4 scientific organizations and leading professional 

5 organizations in the field of forensic science and 

6 other relevant fields. 

7 (3) REQUIREMENTS.—The Board shall in8 clude— 

9 (A) 11 voting members; 

10 (B) 6 nonvoting members; and 

11 (C) the ex officio members described in 

12 paragraph (7). 

13 (4) VOTING MEMBER REQUIREMENTS.— 

14 (A) IN GENERAL.—Of the 11 voting mem15 bers— 

16 (i) each shall have comprehensive sci17 entific backgrounds; 

18 (ii) not fewer than 6 shall have exten19 sive experience and background in sci20 entific research; 

21 (iii) not fewer than 6 shall have exten22 sive and current practical experience and 

23 background in forensic science; and 

24 (iv) not less than 1 shall be a board 

25 certified forensic pathologist. 


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1 (B) MULTIPLE REQUIREMENTS.—An indi2 vidual voting member may meet more than 1 of 

3 the requirements described in clauses (ii) 

4 through (iv) of subparagraph (A). 

5 (5) NONVOTING MEMBERS.—One nonvoting 

6 member shall come from each of the following cat7 egories: 

8 (A) Judges. 

9 (B) Prosecutors. 

10 (C) State and local law enforcement offi11 cials. 

12 (D) Criminal defense attorneys. 

13 (E) Organizations that represent people 

14 who may have been wrongly convicted. 

15 (F) State and local laboratory directors. 

16 (6) FULFILLMENT OF MULTIPLE REQUIRE17 MENTS.—An individual who fulfills the requirements 

18 described in paragraph (4) may serve as a voting 

19 member even if that individual also fulfills a require20 ment described in paragraph (5). 

21 (7) EX OFFICIO MEMBERS.—The Director, the 

22 Deputy Attorney General, and the Directors of 

23 NIST and the National Science Foundation, or their 

24 designees, shall serve as ex officio members of the 

25 Board and shall not participate in voting. 


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1 (8) APPOINTMENT OF BOARD CHAIRPERSON.— 

2 The President shall designate a voting member of 

3 the Board to serve as Chairperson of the Board for 

4 the duration of that member’s term. 

5 (c) TERMS.— 

6 (1) IN GENERAL.—Each voting and nonvoting 

7 member of the Board, excluding ex officio members, 

8 shall be appointed for a term of 6 years. 

9 (2) EXCEPTION.—Of the members first ap10 pointed to the Board— 

11 (A) 3 voting members and 2 nonvoting 

12 members shall serve a term of 2 years; 

13 (B) 4 voting members and 2 nonvoting 

14 members shall serve a term of 4 years; and 

15 (C) 4 voting members and 2 nonvoting 

16 members shall serve a term of 6 years. 

17 (3) RENEWABLE TERM.—A voting or nonvoting 

18 member of the Board may be appointed for not more 

19 than a total of 2 terms, including an initial term de20 scribed in paragraph (2). 

21 (4) VACANCIES.— 

22 (A) IN GENERAL.—In the event of a va23 cancy, the President may appoint a member to 

24 fill the remainder of the term. 


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1 (B) ADDITIONAL TERM.—A member ap2 pointed under subparagraph (A) may be re3 appointed for 1 additional term. 

4 (5) HOLDOVERS.—If a successor has not been 

5 appointed at the conclusion of the term of a member 

6 of the Board, the member of the Board may con7 tinue to serve until— 

8 (A) a successor is appointed; or 

9 (B) the member of the Board is re10 appointed. 

11 (d) RESPONSIBILITIES.—The Board shall— 

12 (1) make recommendations to the Director re13 lating to research priorities and needs, accreditation 

14 and certification standards, standards and protocols 

15 for forensic science disciplines, and any other issue 

16 consistent with this Act; 

17 (2) monitor and evaluate— 

18 (A) the administration of accreditation, 

19 certification, and research programs and proce20 dures established under this Act; and 

21 (B) the operation of the Committees; 

22 (3) review and update, as appropriate, any rec23 ommendations made under paragraph (1); 


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1 (4) identify, as appropriate, any additional 

2 issues that 1 or more Committees should consider; 

3 and 

4 (5) perform all other functions of the Board 

5 under this Act and such other related functions as 

6 are necessary to perform the functions of the Board. 

7 (e) CONSULTATION.—The Board shall consult as ap8 propriate with the Deputy Attorney General, the Director 

9 of NIST, the Director of the National Science Foundation, 

10 the Director of the National Institute of Justice, the Di11 rector of the Centers for Disease Control and Prevention, 

12 the Director of the National Institutes of Health, senior 

13 officials from other relevant Federal agencies including 

14 the Department of Defense, and relevant officials of State 

15 and local governments. 

16 (f) MEETINGS.— 

17 (1) IN GENERAL.—The Board shall hold not 

18 fewer than 4 meetings of the full Board each year. 

19 (2) REQUIREMENTS.— 

20 (A) NOTICE.—The Board shall provide 

21 public notice of any meeting of the Board in a 

22 reasonable period in advance of the meeting. 

23 (B) OPEN MEETINGS.—A meeting of the 

24 Board shall be open to the public. 


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1 (C) QUORUM.—A majority of the voting 

2 members of the Board shall be present for a 

3 quorum to conduct business. 

4 (g) VOTES.— 

5 (1) IN GENERAL.—Decisions of the Board shall 

be made by an affirmative vote of not less than 2 6 ⁄3

7 of the members of the Board voting. 

8 (2) VOTING PROCEDURES.— 

9 (A) RECORDED.—All votes of the Board 

10 shall be recorded. 

11 (B) REMOTE AND PROXY VOTING.—If nec12 essary, a voting member of the Board may cast 

13 a vote— 

14 (i) over the phone or through elec15 tronic mail or other electronic means if the 

16 vote is scheduled to take place during a 

17 time other than a full meeting of the 

18 Board; and 

19 (ii) over the phone or by proxy if the 

20 vote is scheduled to take place during a 

21 full meeting of the Board. 

22 (h) DEFINITION OF FORENSIC SCIENCE DIS23 CIPLINE.— 


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1 (1) IN GENERAL.—Not later than 18 months 

2 after the date of enactment of this Act, the Board 

3 shall— 

4 (A) develop a recommended definition of 

5 the term ‘‘forensic science discipline’’ for pur6 poses of this Act, which shall encompass dis7 ciplines with a sufficient scientific basis that in8 volve forensic testing, analysis, identification, or 

9 comparisons, the results of which may be inter10 preted, presented, or otherwise used during the 

11 course of a criminal investigation or criminal 

12 court proceeding; 

13 (B) develop a recommended list of forensic 

14 science disciplines for purposes of this Act; and 

15 (C) submit the recommended definition 

16 and proposed list of forensic science disciplines 

17 to the Director. 

18 (2) CONSIDERATION.—In developing a rec19 ommended list of forensic science disciplines under 

20 paragraph (1)(B), the Board shall— 

21 (A) consider each field from which courts 

22 in criminal cases hear forensic testimony or 

23 admit forensic evidence; and 

24 (B) consult with relevant practitioners, ex25 perts, and professional organizations. 


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1 (3) EXCLUSION FROM LIST.—If the Board rec2 ommends that a field should not be included on the 

3 list submitted under paragraph (1) because the field 

4 has insufficient scientific basis on the date of the 

5 recommendation of the Board, the Board shall pub6 lish an explanation of the recommendation, which— 

7 (A) shall be published on the Web site of 

8 the Board; and 

9 (B) may include a finding that a field 

10 could be recognized as a forensic science dis11 cipline for purposes of this Act, based on addi12 tional research. 

13 (4) ESTABLISHMENT.—After the Director re14 ceives the recommendations of the Board under 

15 paragraph (1), the Director shall, in accordance with 

16 section 101(f)(3), establish a definition for the term 

17 ‘‘forensic science discipline’’, and shall establish a 

18 list of forensic science disciplines. 

19 (5) ANNUAL EVALUATION.—On an annual 

20 basis, the Board shall— 

21 (A) evaluate— 

22 (i) whether any field should be added 

23 to the list of forensic science disciplines es24 tablished under paragraph (4), including 

25 any field previously excluded; and 


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1 (ii) whether any field on the list of fo2 rensic science disciplines established under 

3 paragraph (4) should be modified or re4 moved; and 

5 (B) submit the evaluation conducted under 

6 subparagraph (A), including any recommenda7 tions, to the Director. 

8 (i) STAFF.— 

9 (1) IN GENERAL.—The Board may, without re10 gard to the civil service laws and regulations, ap11 point and terminate a staff director and such other 

12 additional personnel as may be necessary to enable 

13 the Board to perform the duties of the Board. 

14 (2) COMPENSATION.—The Board may fix the 

15 compensation of the staff director and other per16 sonnel appointed under paragraph (1) without re17 gard to the provisions of chapter 51 and subchapter 

18 III of chapter 53 of title 5, United States Code, re19 lating to classification of positions and General 

20 Schedule pay rates, except that the rate of pay for 

21 the executive director and other personnel may not 

22 exceed the rate payable for level V of the Executive 

23 Schedule under section 5316 of such title. 

24 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 


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1 (A) IN GENERAL.—Any personnel of the 

2 Board who are employees shall be employees 

3 under section 2105 of title 5, United States 

4 Code, for purposes of chapters 63, 81, 83, 84, 

5 85, 87, 89, 89A, 89B, and 90 of that title. 

6 (B) MEMBERS OF THE BOARD.—Subpara7 graph (A) shall not be construed to apply to 

8 members of the Board. 

9 (4) PROCUREMENT OF TEMPORARY AND INTER10 MITTENT SERVICES.—The Board may procure tem11 porary and intermittent services under section 

12 3109(b) of title 5, United States Code, at rates for 

13 individuals which do not exceed the daily equivalent 

14 of the annual rate of basic pay prescribed for level 

15 V of the Executive Schedule under section 5316 of 

16 such title. 

17 (5) VOLUNTARY SERVICES.—Notwithstanding 

18 section 1342 of title 31, United States Code, the 

19 Board may accept and use voluntary and uncompen20 sated services for the Board as the Board deter21 mines necessary. 

22 (j) REPORTS TO CONGRESS.—Not later than 2 years 

23 after the date of enactment of this Act, and every 2 years 

24 thereafter, the Board shall submit to Congress a report 

25 describing the work of the Board and the work of each 


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1 Committee, which shall include a description of any rec2 ommendations, decisions, and other significant materials 

3 generated during the 2-year period. 

4 (k) APPLICABILITY OF THE FEDERAL ADVISORY

5 COMMITTEE ACT.— 

6 (1) IN GENERAL.—Subject to paragraphs (2) 

7 through (4), the Federal Advisory Committee Act (5 

8 U.S.C. App.) shall apply to the Board. 

9 (2) TERMINATION PROVISION.—Section 

10 14(a)(2) of the Federal Advisory Committee Act (5 

11 U.S.C. App.) shall not apply to the Board. 

12 (3) COMPENSATION OF MEMBERS.—Members of 

13 the Board shall serve without compensation for serv14 ices performed for the Board. 

15 (4) TRAVEL EXPENSES.—The members of the 

16 Board shall be allowed travel expenses, including per 

17 diem in lieu of subsistence, at rates authorized for 

18 employees of agencies under subchapter I of chapter 

19 57 of title 5, United States Code, while away from 

20 their homes or regular places of business in the per21 formance of services for the Board. 

22 (5) DESIGNATED FEDERAL OFFICER.—In ac23 cordance with the Federal Advisory Committee Act 

24 (5 U.S.C. App.), the Director shall— 


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1 (A) serve as the designated Federal officer 

2 (as described in section 10(e) of such Act); and 

3 (B) designate an Advisory Committee 

4 Management Officer (as described in section 

5 8(b) of such Act) for the Board. 

6 (l) TRANSFER AND CONSOLIDATION OF NATIONAL

7 COMMISSION ON FORENSIC SCIENCE.—Not later than 30 

8 days after the date on which the first meeting of the 

9 Board occurs, the Attorney General or the Director of 

10 NIST, as the case may be, shall transfer to the Office, 

11 control, supervision, and any unobligated balances avail12 able for the operation of the National Commission on Fo13 rensic Science or any national commission that has a simi14 lar scope or responsibility to the Office. 

15 SEC. 103. COMMITTEES. 

16 (a) ESTABLISHMENT AND MAINTENANCE OF COM17 MITTEES.— 

18 (1) IN GENERAL.—Not later than 18 months 

19 after the date of enactment of this Act, the Board 

20 shall issue recommendations to the Director relating 

21 to— 

22 (A) the number of Committees that shall 

23 be established to examine research needs, 

24 standards and best practices, and certification 


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1 standards for the forensic science disciplines, 

2 which shall be sufficient to— 

3 (i) ensure that the Committees are 

4 representative of each forensic science dis5 cipline; and 

6 (ii) allow the Committees to function 

7 effectively; 

8 (B) the scope of responsibility for each 

9 Committee recommended to be established, 

10 which shall ensure that each forensic science 

11 discipline is addressed by a Committee; 

12 (C) what the relationship should be be13 tween the Committees and any scientific work14 ing group, scientific area committee, guidance 

15 group, or technical working group that has a 

16 similar scope of responsibility; and 

17 (D) whether any Committee should con18 sider any field not recognized as a forensic 

19 science discipline for the purpose of determining 

20 whether there is research that could be con21 ducted and used to form the basis for estab22 lishing the field as a forensic science discipline. 

23 (2) ESTABLISHMENT.—After the Director re24 ceives the recommendations of the Board under 


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1 paragraph (1), the Director, in consultation with the 

2 Director of NIST shall— 

3 (A) consider how to adapt and incorporate 

4 any scientific working group, scientific area 

5 committee, guidance group, or technical work6 ing group operating under the Department of 

7 Justice or NIST into a Committee; 

8 (B) in accordance with section 101(f)(3), 

9 establish— 

10 (i) Committees to examine research 

11 needs, standards, best practices, and cer12 tification standards for the forensic science 

13 disciplines, which shall be not fewer than 

14 1; and 

15 (ii) a clear scope of responsibility for 

16 each Committee; and 

17 (C) publish a list of the Committees and 

18 the scope of responsibility for each Committee 

19 on the Web site for the Office. 

20 (3) ANNUAL EVALUATION.—The Board, on an 

21 annual basis, shall— 

22 (A) evaluate whether— 

23 (i) any new Committees should be es24 tablished; 


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1 (ii) the scope of responsibility for any 

2 Committee should be modified; and 

3 (iii) any Committee should be discon4 tinued; and 

5 (B) submit any recommendations relating 

6 to the evaluation conducted under subpara7 graph (A) to the Director. 

8 (4) UPDATES.—Upon receipt of any rec9 ommendations from the Board under paragraph (3), 

10 the Director shall, in accordance with section 

11 101(f)(3), determine whether to establish, modify 

12 the scope of, or discontinue any Committee. 

13 (5) TRANSFER AND CONSOLIDATION OF SCI14 ENTIFIC AND TECHNICAL WORKING GROUPS.—Not 

15 later than 30 days after the date on which the first 

16 meeting of a Committee occurs, the Attorney Gen17 eral or the Director of NIST, as the case may be, 

18 shall transfer to the Office, control, supervision, and 

19 any unobligated balances available for the operation 

20 of any scientific working group, scientific area com21 mittee, guidance group, or technical working group 

22 that has a similar scope or responsibility to the 

23 Committee. 

24 (b) MEMBERSHIP.— 

25 (1) IN GENERAL.—Each Committee shall— 


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1 (A) consist of not more than 21 mem2 bers— 

3 (i) each of whom shall be a scientist 

4 with knowledge relevant to a forensic 

5 science discipline addressed by the Com6 mittee; 

7 (ii) not less than 50 percent of whom 

8 shall have extensive experience and back9 ground in scientific research; and 

10 (iii) not less than 50 percent of whom 

11 shall have extensive practical experience 

12 and background in the forensic sciences 

13 sufficient to ensure that the Committee 

14 has an adequate understanding of the fac15 tors and needs unique to the forensic 

16 sciences; and 

17 (B) have a membership that represents a 

18 variety of scientific disciplines, including the fo19 rensic sciences. 

20 (2) DEFINITION.—In this subsection, the term 

21 ‘‘scientist’’ includes— 

22 (A) a statistician with a scientific back23 ground; and 

24 (B) a board certified physician or forensic 

25 pathologist with expertise in forensic sciences. 


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1 (c) APPOINTMENT.— 

2 (1) IN GENERAL.—The Director of NIST, in 

3 close coordination with the Board and the Director 

4 and pursuant to the Memorandum of Understanding 

5 required under section 101(d), shall appoint the 

6 members of each Committee. 

7 (2) CONSIDERATION.—In appointing members 

8 to a Committee under paragraph (1), the Director of 

9 NIST shall consider— 

10 (A) the importance of analysis from sci11 entists with academic research backgrounds in 

12 both basic and applied sciences; and 

13 (B) the importance of input from experi14 enced and actively practicing forensic practi15 tioners, including individuals who participated 

16 in scientific working groups, scientific area 

17 committees, guidance groups, or technical work18 ing groups. 

19 (3) VACANCIES.—In the event of a vacancy, the 

20 Director of NIST, in consultation with the Board 

21 and the Director, may appoint a member to fill the 

22 remainder of the term. 

23 (4) HOLDOVERS.—If a successor has not been 

24 appointed at the conclusion of the term of a member 


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1 of the Committee, the member of the Committee 

2 may continue to serve until— 

3 (A) a successor is appointed; or 

4 (B) the member of the Committee is re5 appointed. 

6 (d) TERMS.—A member of a Committee shall serve 

7 for renewable terms of 4 years. 

8 (e) SUPPORT AND OVERSIGHT.— 

9 (1) IN GENERAL.—Pursuant to the Memo10 randum of Understanding required under section 

11 101(d), the Director of NIST, in consultation with 

12 the Director, shall provide support and staff for each 

13 Committee as needed. 

14 (2) DUTIES AND OVERSIGHT.—The Director of 

15 NIST, in consultation with the Director, shall— 

16 (A) perform periodic oversight of each 

17 Committee; and 

18 (B) report any concerns about the per19 formance or functioning of a Committee to the 

20 Board and the Director. 

21 (3) FAILURE TO COMPLY.—If a Committee fails 

22 to produce recommendations within the time periods 

23 required under this Act, the Director of NIST, in 

24 consultation with the Director, shall work with the 


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1 Committee to assist the Committee in producing the 

2 required recommendations in a timely manner. 

3 (f) DUTIES.— 

4 (1) IN GENERAL.—A Committee shall have the 

5 duties and responsibilities set out in this Act, and 

6 shall perform any other functions determined appro7 priate by the Board. 

8 (2) COMMITTEE DECISIONS AND RECOMMENDA9 TIONS.— 

10 (A) IN GENERAL.—A Committee shall sub11 mit recommendations and all recommended 

12 standards, protocols, or other materials devel13 oped by the Committee to the Board for evalua14 tion. 

15 (B) PROHIBITION OF MODIFICATION OF

16 DECISIONS AND RECOMMENDATIONS.—Any rec17 ommendations of a Committee and any rec18 ommended standards, protocols, or other mate19 rials developed by a Committee may be ap20 proved or disapproved by the Board, but may 

21 not be modified by the Board. 

22 (C) APPROVAL OF DECISIONS AND REC23 OMMENDATIONS.—If the Board approves a rec24 ommendation or recommended standard, pro25 tocol, or other material submitted by a ComVerDate Mar 15 2010 02:58 Mar 29, 2014 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2177.IS S2177

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1 mittee under subparagraph (A), the Board shall 

2 submit the recommendation or recommended 

3 standard, protocol, or other material as a rec4 ommendation of the Board, to the Director for 

5 consideration in accordance with section 

6 101(f)(3). 

7 (D) DISAPPROVAL OF DECISIONS AND REC8 OMMENDATIONS.—If the Board disapproves of 

9 any recommendation of a Committee or rec10 ommended standard, protocol, or other material 

11 developed by a Committee— 

12 (i) the Board shall provide in writing 

13 the reason for the disapproval of the rec14 ommendation or recommended standard, 

15 protocol, or other material; 

16 (ii) the Committee shall withdraw the 

17 recommendation or recommended stand18 ard, protocol, or other material; and 

19 (iii) the Committee may submit a re20 vised recommendation or recommended 

21 standard, protocol, or other material. 

22 (g) MEETINGS.— 

23 (1) IN GENERAL.—A Committee shall hold not 

24 fewer than 4 meetings of the full Committee each 

25 year. 


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1 (2) REQUIREMENTS.— 

2 (A) NOTICE.—A Committee shall provide 

3 public notice of any meeting of the Committee 

4 a reasonable period in advance of the meeting. 

5 (B) OPEN MEETINGS.—A meeting of a 

6 Committee shall be open to the public. 

7 (C) QUORUM.—A majority of members of 

8 a Committee shall be present for a quorum to 

9 conduct business. 

10 (h) VOTES.— 

11 (1) IN GENERAL.—Decisions of a Committee 

12 shall be made by an affirmative vote of not less than 

2 13 ⁄3 of the members of the Committee voting. 

14 (2) VOTING PROCEDURES.— 

15 (A) RECORDED.—All votes taken by a 

16 Committee shall be recorded. 

17 (B) REMOTE AND PROXY VOTING.—If nec18 essary, a member of a Committee may cast a 

19 vote— 

20 (i) over the phone or through elec21 tronic mail if the vote is scheduled to take 

22 place during a time other than a full meet23 ing of the Committee; and 


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1 (ii) over the phone or by proxy if the 

2 vote is scheduled to take place during a 

3 full meeting of the Committee. 

4 (i) APPLICABILITY OF THE FEDERAL ADVISORY

5 COMMITTEE ACT.— 

6 (1) IN GENERAL.—The Federal Advisory Com7 mittee Act (5 U.S.C. App.) shall not apply to a 

8 Committee. 

9 (2) COMPENSATION OF MEMBERS.—Members of 

10 a Committee shall serve without compensation for 

11 services performed for the Committee. 

12 (3) TRAVEL EXPENSES.—The members of a 

13 Committee shall be allowed travel expenses, includ14 ing per diem in lieu of subsistence, at rates author15 ized for employees of agencies under subchapter I of 

16 chapter 57 of title 5, United States Code, while 

17 away from their homes or regular places of business 

18 in the performance of services for the Committee. 

19 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated, including 

21 from any unobligated funds appropriated to the Depart22 ment of Justice and the National Institute of Standards 

23 and Technology for the operation of a scientific working 

24 group, scientific area committee, guidance group, or tech25 nical working group transferred under section 103(a)(5), 


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1 and including any unobligated funds appropriated to 

2 strengthen and enhance the practice of forensic sciences 

3 under any other provision of law, $8,000,000 for each of 

4 fiscal years 2015 through 2019 for the operation and 

5 staffing of the Office, Board, and Committees. 

6 TITLE II—ACCREDITATION OF 

7 FORENSIC SCIENCE LABORA8 TORIES 

9 SEC. 201. ACCREDITATION OF FORENSIC SCIENCE LABORA10 TORIES. 

11 (a) IN GENERAL.—On and after the date established 

12 under subsection (b)(2)(E), a forensic science laboratory 

13 may not receive, directly or indirectly, any Federal funds, 

14 unless the Director has verified that the laboratory has 

15 been accredited in accordance with the standards and pro16 cedures established under this title. 

17 (b) PROCEDURES FOR ACCREDITATION.— 

18 (1) RECOMMENDATIONS.—Not later than 3 

19 years after the date of enactment of this Act, the 

20 Board shall submit to the Director— 

21 (A) a comprehensive strategy to enable fo22 rensic science laboratories to obtain and main23 tain accreditation; 

24 (B) recommended procedures for the ac25 creditation of forensic science laboratories that 


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1 are consistent with the recommended standards 

2 developed by the Board under section 202; 

3 (C) recommended procedures for the peri4 odic review and updating of the accreditation 

5 status of forensic science laboratories; 

6 (D) recommended procedures for the Di7 rector to verify that laboratories have been ac8 credited in accordance with the standards and 

9 procedures established under this title, which 

10 shall include procedures to implement, admin11 ister, and coordinate enforcement of the pro12 gram for the accreditation of forensic science 

13 laboratories; and 

14 (E) a recommendation regarding the dates 

15 by which forensic science laboratories should— 

16 (i) begin the process of laboratory ac17 creditation; and 

18 (ii) obtain verification of laboratory 

19 accreditation to be eligible to receive Fed20 eral funds. 

21 (2) ESTABLISHMENT.—After the Director re22 ceives the recommendations of the Board under 

23 paragraph (1), the Director shall, in accordance with 

24 section 101(f)(3), establish— 


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1 (A) procedures to implement a comprehen2 sive strategy to enable forensic science labora3 tories to obtain and maintain accreditation; 

4 (B) procedures for the accreditation of a 

5 forensic science laboratory; 

6 (C) procedures for the Director to verify 

7 that laboratories have been accredited in ac8 cordance with the standards and procedures es9 tablished under this title; 

10 (D) the date by which a forensic science 

11 laboratory shall begin the process of accredita12 tion; and 

13 (E) the date by which a forensic science 

14 laboratory shall obtain verification of laboratory 

15 accreditation to be eligible to receive Federal 

16 funds. 

17 (3) CONSIDERATION OF APPROPRIATIONS.—In 

18 determining, recommending, and establishing the 

19 dates under paragraphs (1) and (2), the Board and 

20 Director shall consider whether funding has been ap21 propriated pursuant to section 305 and other rel22 evant Federal grant programs to sufficiently assist 

23 and support laboratories in obtaining accreditation 

24 under this Act. 

25 (c) DEFINITION.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Board shall 

3 recommend to the Director a definition of the term 

4 ‘‘forensic science laboratory’’ for purposes of this 

5 Act, which shall include any laboratory that con6 ducts forensic testing, analysis, identification, or 

7 comparisons, the results of which may be inter8 preted, presented, or otherwise used during the 

9 course of a criminal investigation or criminal court 

10 proceeding. 

11 (2) ESTABLISHMENT.—After the Director re12 ceives the recommendation of the Board under para13 graph (1), the Director shall, in accordance with sec14 tion 101(f)(3), establish a definition for the term 

15 ‘‘forensic science laboratory’’. 

16 (d) APPLICABILITY TO FEDERAL AGENCIES.—On 

17 and after the date established by the Director under sub18 section (b)(2)(E), a Federal agency may not use any fo19 rensic science laboratory, including any services, products, 

20 analysis, opinions, or conclusions provided by the forensic 

21 science laboratory, during the course of a criminal inves22 tigation or criminal court proceeding unless the forensic 

23 science laboratory meets the standards of accreditation 

24 and certification established by the Office under this Act. 


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1 SEC. 202. STANDARDS FOR LABORATORY ACCREDITATION. 

2 (a) STANDARDS.— 

3 (1) RECOMMENDATIONS.—Not later than 18 

4 months after the date of enactment of this Act, the 

5 Board shall, in consultation with qualified profes6 sional organizations, submit to the Director rec7 ommendations regarding standards for the accredi8 tation of forensic science laboratories, including 

9 quality assurance and quality control standards, to 

10 ensure the quality, integrity, and accuracy of any 

11 testing, analysis, identification, or comparisons per12 formed by a forensic science laboratory for use dur13 ing the course of a criminal investigation or criminal 

14 court proceeding. 

15 (2) ESTABLISHMENT.—After the Director re16 ceives the recommendations of the Board under 

17 paragraph (1), the Director shall, in accordance with 

18 section 101(f)(3), establish standards for the accred19 itation of forensic science laboratories. 

20 (3) REQUIREMENTS.—In recommending or es21 tablishing standards under paragraph (1) or (2) the 

22 Board and the Director shall— 

23 (A) consider— 

24 (i) whether any relevant national or 

25 international accreditation standards that 

26 were in effect before the date of enactment 


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1 of this Act would be sufficient for the ac2 creditation of forensic science laboratories 

3 under this Act; 

4 (ii) whether any relevant national or 

5 international accreditation standards that 

6 were in effect before the date of enactment 

7 of this Act would be sufficient for the ac8 creditation of forensic science laboratories 

9 under this Act with supplemental stand10 ards; and 

11 (iii) the incorporation of relevant na12 tional or international accreditation stand13 ards that were in effect before the date of 

14 enactment of this Act; and 

15 (B) include— 

16 (i) educational and training require17 ments for relevant laboratory personnel; 

18 (ii) proficiency and competency test19 ing requirements for relevant laboratory 

20 personnel; and 

21 (iii) maintenance and auditing re22 quirements for accredited forensic science 

23 laboratories. 

24 (b) REVIEW OF STANDARDS.— 


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1 (1) IN GENERAL.—Not less frequently than 

2 once every 5 years— 

3 (A) the Board shall— 

4 (i) review the scope and effectiveness 

5 of the accreditation standards established 

6 under subsection (a); 

7 (ii) submit recommendations to the 

8 Director relating to whether, and if so, 

9 how to update or supplement the standards 

10 as necessary to— 

11 (I) account for developments in 

12 relevant scientific research, techno13 logical advances, and new forensic 

14 science disciplines; 

15 (II) ensure adherence to the 

16 standards and best practices estab17 lished under title V; and 

18 (III) address any other issue 

19 identified during the course of the re20 view conducted under clause (i); and 

21 (B) the Director shall, as necessary and in 

22 accordance with section 101(f)(3), update the 

23 accreditation standards established under sub24 section (a). 


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1 (2) PROCEDURES FOR OPEN AND TRANS2 PARENT REVIEW OF STANDARDS.—The Director, in 

3 consultation with the Board, shall establish proce4 dures to ensure that the process for developing, re5 viewing, and updating accreditation standards under 

6 this section— 

7 (A) is open and transparent to the public; 

8 and 

9 (B) includes an opportunity for the public 

10 to comment on proposed standards with suffi11 cient prior notice. 

12 SEC. 203. ADMINISTRATION AND ENFORCEMENT OF AC13 CREDITATION PROGRAM. 

14 (a) ADMINISTRATION AND OVERSIGHT OF ACCREDI15 TATION PROGRAM.— 

16 (1) IN GENERAL.—The Director shall determine 

17 whether a forensic science laboratory is eligible to 

18 receive, directly or indirectly, Federal funds under 

19 section 201(a). 

20 (2) ADMINISTRATION.— 

21 (A) IN GENERAL.—The Director shall, in 

22 consultation with the Board and as appropriate, 

23 identify 1 or more qualified accrediting bodies 

24 with significant expertise relevant to the accred25 itation of forensic science laboratories, the acVerDate Mar 15 2010 02:58 Mar 29, 2014 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2177.IS S2177

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1 creditation of a forensic science laboratory by 

2 which shall constitute accreditation for purposes 

3 of section 201(a). 

4 (B) OVERSIGHT.—The Director shall peri5 odically— 

6 (i) reevaluate whether accreditation by 

7 a qualified accrediting body identified 

8 under subparagraph (A) is adequate to en9 sure compliance with the standards and 

10 procedures established under this title; and 

11 (ii) recommend updates to the stand12 ards and procedures used by 1 or more 

13 qualified accrediting bodies, as necessary. 

14 (C) REPORTING.—The Director shall pro15 vide to the Board, and publish on the Web site 

16 of the Office, regular reports regarding— 

17 (i) the accreditation of forensic 

18 science laboratories by qualified accrediting 

19 bodies identified under subparagraph (A); 

20 and 

21 (ii) reevaluations of accreditation by 

22 qualified accrediting bodies under subpara23 graph (B). 

24 (b) REVIEW OF ELIGIBILITY.—Not less frequently 

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1 er a forensic science laboratory that has been determined 

2 to be eligible to receive Federal funds under section 201(a) 

3 remains eligible to receive Federal funds, including wheth4 er any accreditation of the forensic science laboratory by 

5 a qualified accrediting body identified under subparagraph 

6 (A) is still in effect. 

7 (c) WEB SITE.—The Director shall develop and 

8 maintain on the Web site of the Office an updated list 

9 of— 

10 (1) the forensic science laboratories that are eli11 gible for Federal funds under section 201(a); 

12 (2) the forensic science laboratories that have 

13 been determined to be ineligible to receive Federal 

14 funds under section 201(a); and 

15 (3) the forensic science laboratories that are 

16 awaiting a determination regarding eligibility to re17 ceive Federal funds under section 201(a). 

18 TITLE III—CERTIFICATION OF 

19 FORENSIC SCIENCE PERSONNEL 

20 SEC. 301. DEFINITIONS. 

21 (a) COVERED ENTITY.—In this title, the term ‘‘cov22 ered entity’’ means an entity that— 

23 (1) is not a forensic science laboratory; and 

24 (2) conducts forensic testing, analysis, inves25 tigation, identification, or comparisons, the results of 


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1 which may be interpreted, presented, or otherwise 

2 used during the course of a criminal investigation or 

3 criminal court proceeding. 

4 (b) RELEVANT PERSONNEL.— 

5 (1) RECOMMENDATION.—Not later than 18 

6 months after the date of enactment of this Act, the 

7 Board shall submit to the Director a recommended 

8 definition of the term ‘‘relevant personnel’’, which 

9 shall include all individuals who— 

10 (A) conduct forensic testing, analysis, in11 vestigation, identification, or comparisons, the 

12 results of which may be interpreted, presented, 

13 or otherwise used during the course of a crimi14 nal investigation or criminal court proceeding; 

15 or 

16 (B) testify about evidence prepared by an 

17 individual described in subparagraph (A). 

18 (2) DEFINITION.—After the Director receives 

19 the recommendation of the Board under paragraph 

20 (1), the Director shall, in accordance with section 

21 101(f)(3), define the term ‘‘relevant personnel’’ for 

22 purposes of this title. 


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1 SEC. 302. CERTIFICATION OF FORENSIC SCIENCE PER2 SONNEL. 

3 Except as provided in section 304(c)(2), on and after 

4 the date established under section 304(c)(1), a forensic 

5 science laboratory or covered entity may not receive, di6 rectly or indirectly, any Federal funds, unless all relevant 

7 personnel of the forensic science laboratory or covered en8 tity are certified under this title. 

9 SEC. 303. STANDARDS FOR CERTIFICATION. 

10 (a) RECOMMENDED STANDARDS.— 

11 (1) IN GENERAL.—Not later than 2 years after 

12 the date on which all members of a Committee have 

13 been appointed, the Committee shall make rec14 ommendations to the Board relating to standards 

15 for the certification of relevant personnel in each fo16 rensic science discipline addressed by the Committee. 

17 (2) REQUIREMENTS.—In developing rec18 ommended standards under paragraph (1), a Com19 mittee shall— 

20 (A) consult with qualified professional or21 ganizations, including qualified professional or22 ganizations that accredit forensic science certifi23 cation programs; 

24 (B) consider relevant certification stand25 ards and best practices developed by qualified 

26 professional or scientific organizations; 


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1 (C) consider whether successful completion 

2 of a certification program accredited by a quali3 fied professional organization would be suffi4 cient to meet the certification requirements for 

5 relevant personnel under this Act; 

6 (D) consider whether and under what cir7 cumstances internal certification programs by 

8 accredited laboratories would be sufficient to 

9 meet the certification requirements for relevant 

10 personnel under this Act; 

11 (E) consider any standards or best prac12 tices established under title V; and 

13 (F) consider— 

14 (i) whether certain minimum stand15 ards should be established for the edu16 cation and training of relevant personnel; 

17 (ii) whether there should be an alter18 native process to enable relevant personnel 

19 who were hired before the date established 

20 under section 304(c)(1), to obtain certifi21 cations, including— 

22 (I) testing that demonstrates 

23 proficiency in a specific forensic 

24 science discipline that is equal to or 

25 greater than the level of proficiency 


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1 required by the standards for certifi2 cation; and 

3 (II) a waiver of certain edu4 cational and training requirements; 

5 (iii) whether and under what condi6 tions relevant personnel should be allowed 

7 to perform an activity described in sub8 paragraph (A) or (B) of section 301(b)(1) 

9 for a forensic science laboratory or covered 

10 entity while the individual obtains the 

11 training and education required for certifi12 cation under the standards developed 

13 under this title; and 

14 (iv) whether certification by recog15 nized and relevant medical boards, or other 

16 recognized and relevant State professional 

17 boards, should be sufficient for relevant 

18 personnel to meet the standards developed 

19 under this title. 

20 (b) APPROVAL OR DENIAL OF RECOMMENDA21 TIONS.—The Board shall approve or deny any rec22 ommendation submitted by a Committee under subsection 

23 (a) in accordance with section 103(f)(2). 

24 (c) ESTABLISHMENT OF STANDARDS.—After the Di25 rector receives recommendations from the Board under 


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1 subsection (b), the Director shall, in accordance with sec2 tion 101(f)(3), establish standards for the certification of 

3 relevant personnel. 

4 (d) REVIEW OF STANDARDS.— 

5 (1) IN GENERAL.—Not less frequently than 

6 once every 5 years, a Committee shall— 

7 (A) review the standards for certification 

8 established under subsection (c) for each foren9 sic science discipline within the responsibility of 

10 the Committee; and 

11 (B) submit to the Board recommendations 

12 regarding updates, if any, to the standards for 

13 certification as necessary— 

14 (i) to account for developments in rel15 evant scientific research, technological ad16 vances, or changes in the law; and 

17 (ii) to ensure adherence to the stand18 ards and best practices established under 

19 title V. 

20 (2) BOARD REVIEW.—Not later than 180 days 

21 after the date on which a Committee submits rec22 ommendations under paragraph (1)(B), the Board 

23 shall, in accordance with section 103(f)(2)— 

24 (A) consider the recommendations; and 


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1 (B) submit to the Director recommenda2 tions of standards and best practices for each 

3 forensic science discipline. 

4 (3) UPDATES.—After the Director receives rec5 ommendations from the Board under paragraph (2), 

6 the Director shall, in accordance with section 

7 101(f)(3), update the standards for certification of 

8 relevant personnel. 

9 (e) PUBLIC COMMENT.—The Director, in consulta10 tion with the Board, shall establish procedures to ensure 

11 that the process for establishing, reviewing, and updating 

12 standards for certification of relevant personnel under this 

13 section— 

14 (1) is open and transparent to the public; and 

15 (2) includes an opportunity for the public to 

16 comment on proposed standards with sufficient prior 

17 notice. 

18 SEC. 304. ADMINISTRATION AND REVIEW OF CERTIFI19 CATION PROGRAM. 

20 (a) IN GENERAL.— 

21 (1) DETERMINATION.—The Director shall de22 termine whether a forensic science laboratory or cov23 ered entity is eligible to receive, directly or indi24 rectly, Federal funds under section 302. 


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1 (2) PROCEDURES.—Not later than 1 year after 

2 the date of enactment of this Act, the Director shall 

3 establish policies and procedures to implement, ad4 minister, and coordinate enforcement of the certifi5 cation requirements established under this title, in6 cluding requiring the periodic recertification of rel7 evant personnel. 

8 (b) ADMINISTRATION.— 

9 (1) IN GENERAL.—After consultation with the 

10 Board, the Director may identify 1 or more qualified 

11 professional organizations with significant expertise 

12 relevant to the certification of individuals in a par13 ticular forensic science discipline, the certification of 

14 an individual by which shall constitute certification 

15 for purposes of section 302. 

16 (2) OVERSIGHT.—The Director shall periodi17 cally reevaluate whether certification by a qualified 

18 professional organization identified under paragraph 

19 (1) is adequate to ensure compliance with the stand20 ards established under this title. 

21 (3) REPORTING.—The Director shall provide 

22 regular reports to the Board regarding the certifi23 cation of relevant personnel by qualified professional 

24 organizations identified under paragraph (1) and re25 evaluations of certification by qualified professional 


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1 organizations under paragraph (2), which shall be 

2 published on the Web site of the Office. 

3 (c) IMPLEMENTATION OF CERTIFICATION REQUIRE4 MENTS.— 

5 (1) IN GENERAL.—After consultation with the 

6 Board, the Director shall establish the date by which 

7 forensic science laboratories and covered entities 

8 shall be in compliance with the certification require9 ments of this title. 

10 (2) GRADUAL IMPLEMENTATION.—The Director 

11 shall, in consultation with the Board and the rel12 evant Committee, establish policies and procedures 

13 to enable the gradual implementation of the certifi14 cation requirements that— 

15 (A) include a reasonable schedule to allow 

16 relevant personnel to obtain certifications; 

17 (B) allow for partial compliance with the 

18 requirements of section 302 for a reasonable 

19 period of time after the date established under 

20 paragraph (1); and 

21 (C) allow for consideration of whether 

22 funding has been appropriated pursuant to sec23 tion 305 and other relevant Federal grant pro24 grams to sufficiently assist and support forensic 

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1 plying with the certification requirements of 

2 this title. 

3 (d) REVIEW OF CERTIFICATION REQUIREMENTS.— 

4 The Director shall establish policies and procedures for 

5 the periodic review of the implementation, administration, 

6 and enforcement of the certification requirements estab7 lished under this title. 

8 SEC. 305. SUPPORT AND TECHNICAL ASSISTANCE FOR 

9 STATE AND LOCAL LABORATORIES. 

10 (a) IMPLEMENTATION PLAN.—Not later than 1 year 

11 after the date of enactment of this Act, the Director of 

12 the National Institute of Justice, in consultation with the 

13 Director, shall develop a plan for assisting and supporting 

14 forensic science laboratories and covered entities in obtain15 ing accreditation under title II and certifications for rel16 evant personnel under this title. 

17 (b) AUTHORIZATION FOR USE OF COVERDELL AND

18 BYRNE JAG GRANTS.—The Attorney General, in con19 sultation with the Director and the Director of the Na20 tional Institute of Justice, and consistent with the imple21 mentation plan developed under subsection (a), may make 

22 grants under part BB of the Omnibus Crime Control and 

23 Safe Streets Act of 1968 (42 U.S.C. 3797j et seq.) and 

24 subpart 1 of part E of such Act (42 U.S.C. 3750 et seq.), 

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1 tories and covered entities, to ensure that forensic science 

2 laboratories and covered entities are able to— 

3 (1) obtain accreditation under title II; 

4 (2) obtain certifications for relevant personnel 

5 under this title; and 

6 (3) effectively fulfill their responsibilities during 

7 the process of obtaining accreditation under title II 

8 and certifications for relevant personnel under this 

9 title. 

10 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

11 (1) PAUL COVERDELL FORENSIC SCIENCES IM12 PROVEMENT GRANTS PROGRAM.—Section 2804(a) of 

13 the Omnibus Crime Control and Safe Streets Act of 

14 1968 (42 U.S.C. 3797m(a)) is amended by adding 

15 at the end the following: 

16 ‘‘(4) To assist forensic science laboratories and 

17 covered entities, as those terms are defined in sec18 tions 2 and 301, respectively, of the Criminal Jus19 tice and Forensic Science Reform Act, in obtaining 

20 accreditation under title II of such Act and certifi21 cations for relevant personnel under title III of such 

22 Act, in accordance with section 305 of such Act.’’. 

23 (2) EDWARD BYRNE MEMORIAL JUSTICE AS24 SISTANCE GRANT PROGRAM.—Section 501(a)(1) of 

25 the Omnibus Crime Control and Safe Streets Act of 


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1 1968 (42 U.S.C. 3751(a)(1)) is amended by adding 

2 at the end the following: 

3 ‘‘(H) Assistance to forensic science labora4 tories and covered entities, as those terms are 

5 defined in sections 2 and 301, respectively, of 

6 the Criminal Justice and Forensic Science Re7 form Act, in obtaining accreditation under title 

8 II of such Act and certifications for relevant 

9 personnel under title III of such Act, in accord10 ance with section 305 of such Act.’’. 

11 TITLE IV—RESEARCH 

12 SEC. 401. RESEARCH STRATEGY AND PRIORITIES. 

13 (a) COMPREHENSIVE RESEARCH STRATEGY AND

14 AGENDA.— 

15 (1) RECOMMENDATION.—Not later than 18 

16 months after the date of enactment of this Act, the 

17 Board shall recommend to the Director a com18 prehensive strategy for fostering and improving 

19 peer-reviewed scientific research relating to the fo20 rensic science disciplines, including research address21 ing issues of validity, reliability, and accuracy in the 

22 forensic science disciplines. 

23 (2) ESTABLISHMENT.—After the Director re24 ceives recommendations from the Board under para25 graph (1), the Director shall, in accordance with secVerDate Mar 15 2010 02:58 Mar 29, 2014 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S2177.IS S2177

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1 tion 101(f)(3), establish a comprehensive strategy 

2 for fostering and improving peer-reviewed scientific 

3 research relating to the forensic science disciplines. 

4 (3) REVIEW.— 

5 (A) BOARD REVIEW.—Not less frequently 

6 than once every 5 years, the Board shall— 

7 (i) review the comprehensive strategy 

8 established under paragraph (2); and 

9 (ii) recommend any necessary updates 

10 to the comprehensive strategy. 

11 (B) UPDATES.—After the Director receives 

12 recommendations from the Board under sub13 paragraph (A), the Director shall, in accordance 

14 with section 101(f)(3), update the comprehen15 sive strategy as necessary and appropriate. 

16 (b) RESEARCH FUNDING PRIORITIES.— 

17 (1) RECOMMENDATION.—Not later than 18 

18 months after the date of enactment of this Act, the 

19 Board shall recommend to the Director a list of pri20 orities for forensic science research funding. 

21 (2) ESTABLISHMENT.—After the Director re22 ceives the list from the Board under paragraph (1), 

23 the Director shall, in accordance with section 

24 101(f)(3), establish a list of priorities for forensic 

25 science research funding. 


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1 (3) REVIEW.—Not less frequently than once 

2 every 2 years, the Board shall— 

3 (A) review— 

4 (i) the list of priorities established 

5 under paragraph (2); and 

6 (ii) the findings of the relevant Com7 mittees made under subsection (c); and 

8 (B) recommend any necessary updates to 

9 the list of priorities, incorporating, as appro10 priate, the findings of the Committees under 

11 subsection (c). 

12 (4) UPDATES.—After the Director receives the 

13 recommendations under paragraph (3), the Director 

14 shall, in accordance with section 101(f)(3), update 

15 as necessary the list of research funding priorities. 

16 (c) EVALUATION OF RESEARCH NEEDS.—Not later 

17 than 2 years after the date on which all members of a 

18 Committee have been appointed under section 103, and 

19 periodically thereafter, the Committee shall— 

20 (1) examine and evaluate the scientific research 

21 in each forensic science discipline within the respon22 sibility of the Committee; 

23 (2) conduct comprehensive surveys of scientific 

24 research relating to each forensic science discipline 

25 within the responsibility of the Committee; 


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1 (3) examine the research needs in each forensic 

2 science discipline within the responsibility of the 

3 Committee and identify key areas in which further 

4 scientific research is needed; and 

5 (4) develop and submit to the Board a list of 

6 research needs and priorities. 

7 (d) CONSIDERATION.—In developing the initial re8 search strategy, research priorities, and surveys required 

9 under this section, the Board and the Director shall con10 sider any findings, surveys, and analyses relating to re11 search in forensic science disciplines, including those made 

12 by the Subcommittee on Forensic Science of the National 

13 Science and Technology Council. 

14 SEC. 402. RESEARCH GRANTS. 

15 (a) COMPETITIVE GRANTS.— 

16 (1) DEFINITION.—In this subsection, the term 

17 ‘‘eligible entity’’ means— 

18 (A) a nonprofit academic or research insti19 tution; 

20 (B) an accredited forensic science labora21 tory; and 

22 (C) any other entity designated by the Di23 rector of NIST. 

24 (2) PEER-REVIEW RESEARCH GRANTS.— 


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1 (A) IN GENERAL.—Pursuant to the Memo2 randum of Understanding required under sec3 tion 101(d), the Director of NIST may, on a 

4 competitive basis and using funds appropriated 

5 to NIST for forensic science purposes, make 

6 grants to eligible entities to conduct peer-re7 viewed scientific research. 

8 (B) CONSIDERATION.—In making grants 

9 under this paragraph, the Director of NIST 

10 shall— 

11 (i) ensure that the grants are made 

12 for peer-reviewed scientific research in 

13 areas that are consistent with the research 

14 priorities established by the Director under 

15 section 401(b); 

16 (ii) take into consideration the re17 search needs identified by the Committees 

18 under section 401(c); 

19 (iii) if made before the identification 

20 of research priorities under section 401(b) 

21 and research needs under section 401(c), 

22 consider any findings, surveys, and anal23 yses relating to research in forensic science 

24 disciplines, including those made by the 

25 Subcommittee on Forensic Science of the 


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1 National Science and Technology Council; 

2 and 

3 (iv) encourage and, if appropriate, 

4 provide incentives for partnerships between 

5 nonprofit academic or research institutions 

6 and accredited forensic science labora7 tories. 

8 (3) DEVELOPMENT OF NEW TECHNOLOGIES.— 

9 Pursuant to the Memorandum of Understanding re10 quired under section 101(d), the Director of NIST 

11 may, on a competitive basis, make grants to eligible 

12 entities to conduct peer-reviewed scientific research 

13 to develop new technologies and processes to in14 crease the efficiency, effectiveness, and accuracy of 

15 forensic testing procedures. 

16 (4) COORDINATION WITH DIRECTOR.—In mak17 ing grants under this subsection, the Director of 

18 NIST shall coordinate with the Director to ensure 

19 implementation of the plan established under section 

20 404. 

21 (5) COORDINATION WITH THE NATIONAL

22 SCIENCE FOUNDATION.—The Director of NIST shall 

23 consult and coordinate with the National Science 

24 Foundation to ensure— 


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1 (A) the integrity of the process for review2 ing funding proposals and awarding grants 

3 under this subsection; and 

4 (B) that the grant-making process is not 

5 subject to any undue bias or influence. 

6 (b) REPORT.— 

7 (1) IN GENERAL.— 

8 (A) SUBMISSION.—The Director of NIST 

9 shall, on an annual basis, submit to the Board 

10 and the Director a report that describes— 

11 (i) the application process for grants 

12 under this section; 

13 (ii) each grant made under this sec14 tion in the fiscal year before the report is 

15 submitted; and 

16 (iii) as appropriate, the status and re17 sults of grants previously described in a re18 port submitted under this subsection. 

19 (B) PUBLICATION.—The Director shall 

20 publish the report submitted under subpara21 graph (A) on the Web site of the Office. 

22 (2) EVALUATION.—The Board and the Director 

23 shall evaluate each report submitted under para24 graph (1) and consider the information provided in 


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1 each report in reviewing the research strategy and 

2 priorities established under section 401. 

3 SEC. 403. OVERSIGHT AND REVIEW. 

4 (a) REPORT.—Not later than 3 years after the date 

5 on which the first grant is awarded under paragraph (2) 

6 or (3) of section 402(a), and not later than 2 years after 

7 the date on which the first report under section 402(b) 

8 is submitted, the Inspector General of the Department of 

9 Justice, in coordination with the Inspector General of the 

10 Department of Commerce, shall submit to Congress a re11 port on the administration and effectiveness of the grant 

12 programs described in section 402(a). 

13 (b) REQUIREMENTS.—The report required under 

14 subsection (a) shall evaluate— 

15 (1) whether any undue biases or influences af16 fected the integrity of the solicitation, award, or ad17 ministration of research grants; and 

18 (2) whether there was any unnecessary duplica19 tion, waste, fraud, or abuse in the grant-making 

20 process. 

21 SEC. 404. PUBLIC-PRIVATE COLLABORATION. 

22 (a) RECOMMENDATION.—Not later than 2 years after 

23 the date of enactment of this Act, the Board shall submit 

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1 tions, State and local forensic science laboratories, private 

2 forensic science laboratories, private corporations, and the 

3 Federal Government to develop and perform cost-effective 

4 and reliable research in the forensic sciences, consistent 

5 with the research priorities established under section 

6 401(b)(2). 

7 (b) REQUIREMENTS.—The plan recommended under 

8 subsection (a) shall include— 

9 (1) incentives for nongovernmental entities to 

10 invest significant resources into conducting nec11 essary research in the forensic sciences; 

12 (2) procedures for ensuring the research de13 scribed in paragraph (1) will be conducted with suf14 ficient scientific rigor that the research can be relied 

15 upon by— 

16 (A) the Committees in developing stand17 ards under this Act; and 

18 (B) forensic science personnel; and 

19 (3) clearly defined requirements for disclosure 

20 of the sources of funding by nongovernmental enti21 ties for forensic science research conducted in col22 laboration with governmental entities and safeguards 

23 to prevent conflicts of interest or undue bias or in24 fluence. 


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1 (c) ESTABLISHMENT AND IMPLEMENTATION.—After 

2 receiving the recommended plan of the Board under sub3 section (a), the Director shall establish, in accordance with 

4 section 101(f)(3), and implement a plan for encouraging 

5 collaboration among universities, nonprofit research insti6 tutions, State and local forensic science laboratories, pri7 vate forensic science laboratories, private corporations, 

8 and the Federal Government to develop and perform cost9 effective and reliable research in the forensic sciences, con10 sistent with the research priorities established under sec11 tion 401(b)(2). 

12 (d) OVERSIGHT.—The Director, in consultation with 

13 the Board, shall periodically evaluate and, as necessary, 

14 update the plan established under subsection (c). 

15 TITLE V—STANDARDS AND BEST 

16 PRACTICES 

17 SEC. 501. DEVELOPMENT OF STANDARDS AND BEST PRAC18 TICES. 

19 (a) COMMITTEE RECOMMENDATIONS.— 

20 (1) IN GENERAL.—Not later than 2 years after 

21 the date on which all members of a Committee have 

22 been appointed under section 103, the Committee 

23 shall develop and recommend to the Board stand24 ards and best practices for each forensic science dis25 cipline addressed by the Committee, including— 


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1 (A) validated protocols; 

2 (B) quality assurance standards; and 

3 (C) standards to be applied in reporting, 

4 including reports of identifications, analyses, or 

5 comparisons of forensic evidence that may be 

6 used during a criminal investigation or criminal 

7 court proceeding. 

8 (2) REQUIREMENTS.—In developing the stand9 ards and best practices under paragraph (1), a Com10 mittee shall— 

11 (A) as appropriate, consult with qualified 

12 professional organizations; 

13 (B) consider existing validated protocols 

14 and best practices; 

15 (C) develop standards and best practices 

16 that are designed to ensure the quality and sci17 entific integrity of data, results, conclusions, 

18 analyses, and reports that are generated for use 

19 in the criminal justice system; and 

20 (D) develop standards and best practices 

21 that afford laboratories appropriate operational 

22 flexibility, including appropriate flexibility as to 

23 specific instruments, equipment, and methods. 

24 (b) BOARD RECOMMENDATIONS.—Not later than 

25 180 days after the date on which a Committee submits 


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1 recommended standards and best practices under sub2 section (a), the Board shall, in accordance with section 

3 103(f)(2)— 

4 (1) consider the recommendations; and 

5 (2) submit to the Director recommendations of 

6 standards and best practices. 

7 SEC. 502. ESTABLISHMENT AND DISSEMINATION OF STAND8 ARDS AND BEST PRACTICES. 

9 (a) IN GENERAL.—After the Board submits stand10 ards or best practices for a forensic science discipline 

11 under section 501(b), the Director shall, in accordance 

12 with section 101(f)(3), establish and disseminate stand13 ards and best practices for the forensic science discipline. 

14 (b) PUBLICATION.—The Director shall publish the 

15 standards and best practices established under subsection 

16 (a) on the Web site of the Office. 

17 SEC. 503. REVIEW AND OVERSIGHT. 

18 (a) REVIEW BY COMMITTEES.— 

19 (1) IN GENERAL.—Not less frequently than 

20 once every 3 years, each Committee shall review and, 

21 as necessary, recommend to the Board updates to 

22 the standards and best practices established under 

23 section 502 for each forensic science discipline with24 in the responsibility of the Committee. 


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1 (2) CONSIDERATIONS.—In reviewing, and devel2 oping recommended updates to, the standards and 

3 best practices under paragraph (1), a Committee 

4 shall consider— 

5 (A) input from qualified professional orga6 nizations; 

7 (B) research published after the date on 

8 which the standards and best practices were es9 tablished, including research conducted under 

10 title IV; and 

11 (C) any changes to relevant law made after 

12 the date on which the standards and best prac13 tices were established. 

14 (b) BOARD RECOMMENDATIONS.—Not later than 

15 180 days after the date on which a Committee submits 

16 recommended updates to the standards and best practices 

17 under subsection (a), the Board shall, in accordance with 

18 section 103(f)(2)— 

19 (1) consider the recommendations; and 

20 (2) recommend to the Director any updates, as 

21 necessary, to the standards and best practices estab22 lished under section 502. 

23 (c) UPDATES.—After the Director receives rec24 ommended updates, if any, under subsection (b), the Di25 rector shall, in accordance with section 101(f)(3), update 


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1 and disseminate the standards and best practices for each 

2 forensic science discipline as necessary. 

3 (d) PROCEDURES.—The Director, in consultation 

4 with the Board, shall establish procedures to ensure that 

5 the process for developing, reviewing, and updating the 

6 standards and best practices— 

7 (1) is open and transparent to the public; and 

8 (2) includes an opportunity for the public to 

9 comment on proposed standards with sufficient prior 

10 notice. 

11 TITLE VI—ADDITIONAL RESPON12 SIBILITIES OF THE OFFICE 

13 OF FORENSIC SCIENCE AND 

14 THE FORENSIC SCIENCE 

15 BOARD 

16 SEC. 601. FORENSIC SCIENCE TRAINING AND EDUCATION 

17 FOR JUDGES, ATTORNEYS, AND LAW EN18 FORCEMENT PERSONNEL. 

19 (a) IN GENERAL.— 

20 (1) RECOMMENDATION.—Not later than 2 

21 years after the date of enactment of this Act, the 

22 Board shall submit to the Director a recommended 

23 plan for— 

24 (A) supporting the education and training 

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1 sonnel in the forensic sciences and fundamental 

2 scientific principles, which shall include edu3 cation on the competent use and evaluation of 

4 forensic science evidence; and 

5 (B) developing a standardized curriculum 

6 for education and training described in sub7 paragraph (A). 

8 (2) ESTABLISHMENT.—Upon receipt of the rec9 ommendation from the Board under paragraph (1), 

10 the Director shall establish, in accordance with sec11 tion 101(f)(3), and implement a plan for— 

12 (A) supporting the education and training 

13 of judges, attorneys, and law enforcement per14 sonnel in the forensic sciences and fundamental 

15 scientific principles, which shall include edu16 cation on the competent use and evaluation of 

17 forensic science evidence; and 

18 (B) developing a standardized curriculum 

19 for education and training described in sub20 paragraph (A). 

21 (3) OVERSIGHT.—The Director, in consultation 

22 with the Board, shall periodically evaluate and, as 

23 necessary, update the plan established under para24 graph (2). 


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1 (b) TECHNICAL ASSISTANCE, TRAINING, AND EDU2 CATION.— 

3 (1) IN GENERAL.—The Director of the National 

4 Institute of Justice may, in consultation with the Di5 rector— 

6 (A) provide technical assistance directly or 

7 indirectly to judges, attorneys, and law enforce8 ment personnel in the forensic sciences and fun9 damental scientific principles, including the 

10 competent use and evaluation of forensic 

11 science evidence; and 

12 (B) make grants to States and units of 

13 local government and nonprofit organizations or 

14 institutions to provide training to judges, attor15 neys, and law enforcement personnel about the 

16 forensic sciences and fundamental scientific 

17 principles, including the competent use and 

18 evaluation of forensic science evidence. 

19 (2) REQUIREMENT.—On and after the date on 

20 which the Director establishes the plan for sup21 porting the education and training of judges, attor22 neys, and law enforcement personnel in the forensic 

23 sciences and fundamental scientific principles under 

24 subsection (a)(2), the Director of the National Insti25 tute of Justice shall administer the grant program 


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1 described in paragraph (1) in accordance with the 

2 plan. 

3 SEC. 602. EDUCATIONAL PROGRAMS IN THE FORENSIC 

4 SCIENCES. 

5 (a) RECOMMENDATIONS.—Not later than 3 years 

6 after the date of enactment of this Act, the Board shall 

7 submit to the Director— 

8 (1) a recommended plan for supporting the de9 velopment of undergraduate and graduate edu10 cational programs in the forensic science disciplines 

11 and related fields; and 

12 (2) recommendations as to whether the develop13 ment of standards or requirements for educational 

14 programs in the forensic science disciplines and re15 lated fields is appropriate. 

16 (b) ESTABLISHMENT AND IMPLEMENTATION.—Upon 

17 receipt of the recommendation from the Board under sub18 section (a), the Director shall establish, in accordance with 

19 section 101(f)(3), and implement— 

20 (1) a plan for supporting the development of 

21 undergraduate and graduate educational programs 

22 in the forensic science disciplines and related fields; 

23 and 

24 (2) any standards or requirements for edu25 cation programs in the forensic science disciplines 


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1 and related fields determined by the Director to be 

2 appropriate. 

3 (c) EXISTING QUALIFIED PROFESSIONAL ORGANIZA4 TIONS.—In recommending, establishing, and imple5 menting the plan and standards described in subsections 

6 (a) and (b), the Board and the Director shall consider the 

7 role of qualified professional organizations that accredit 

8 forensic science education programs, and any standards 

9 developed by such qualified professional organizations. 

10 (d) OVERSIGHT.—The Director, in consultation with 

11 the Board, shall— 

12 (1) oversee the implementation of any stand13 ards or requirements established under subsection 

14 (b); and 

15 (2) periodically evaluate and, as necessary, up16 date the plan, standards, or requirements estab17 lished under subsection (b). 

18 SEC. 603. MEDICOLEGAL DEATH INVESTIGATION. 

19 (a) RECOMMENDATIONS.—Not later than 2 years 

20 after the date of enactment of this Act, the Board shall 

21 submit to the Director— 

22 (1) a recommended plan to encourage the Fed23 eral Government and State and local governments to 

24 implement systems to ensure that qualified individ25 uals perform medicolegal death investigations and to 


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1 encourage qualified individuals to enter the field of 

2 medicolegal death investigation; and 

3 (2) recommendations on whether and how the 

4 requirements, standards and regulations established 

5 under this Act should apply to individuals who per6 form medicolegal death investigations. 

7 (b) ESTABLISHMENT AND IMPLEMENTATION.—Upon 

8 receipt of the recommendations from the Board under sub9 section (a), the Director shall establish, in accordance with 

10 section 101(f)(3), and implement— 

11 (1) a plan to encourage the Federal Govern12 ment and State and local governments to implement 

13 systems to ensure that qualified individuals perform 

14 medicolegal death investigations and to encourage 

15 qualified individuals to enter the field of medicolegal 

16 death investigation; and 

17 (2) any specific or additional standards or re18 quirements for individuals who perform medicolegal 

19 death investigations determined by the Director to 

20 be appropriate. 

21 (c) OVERSIGHT.—The Director, in consultation with 

22 the Board, shall— 

23 (1) oversee the implementation of any stand24 ards or requirements established under subsection 

25 (b)(2); and 


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1 (2) periodically evaluate and, as necessary, up2 date the plan, standards, and requirements estab3 lished under subsection (b). 

4 SEC. 604. INTERGOVERNMENTAL COORDINATION. 

5 The Board and the Director shall regularly— 

6 (1) coordinate with relevant Federal agencies, 

7 including NIST, the National Science Foundation, 

8 the Department of Defense, the Centers for Disease 

9 Control and Prevention, and the National Institutes 

10 of Health, as appropriate, to make efficient and ap11 propriate use of research expertise and funding; 

12 (2) coordinate with the Department of Home13 land Security and other relevant Federal agencies to 

14 determine ways in which the forensic science dis15 ciplines may assist in homeland security and emer16 gency preparedness; and 

17 (3) coordinate with the United States intel18 ligence community to make efficient and appropriate 

19 use of research and new technologies suitable for fo20 rensic science. 

21 SEC. 605. ANONYMOUS REPORTING. 

22 Not later than 3 years after the date of enactment 

23 of this Act, the Director shall develop a system for any 

24 individual to provide information relating to compliance, 

25 or lack of compliance, with the requirements, standards, 


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1 and regulations established under this Act, which may in2 clude a hotline or Web site that has appropriate guaran3 tees of anonymity and confidentiality and protections for 

4 whistleblowers. 

5 SEC. 606. INTEROPERABILITY OF DATABASES AND TECH6 NOLOGIES. 

7 (a) RECOMMENDATIONS.—Not later than 3 years 

8 after the date of enactment of this Act, the Board shall 

9 submit to the Director a recommended plan to require 

10 interoperability among databases and technologies in each 

11 of the forensic science disciplines among all levels of gov12 ernment, in all States, and where permitted by law, with 

13 the private sector. 

14 (b) ESTABLISHMENT AND IMPLEMENTATION.—Upon 

15 receipt of the recommendation from the Board under sub16 section (a), the Director shall establish, in accordance with 

17 section 101(f)(3), and implement a plan to encourage 

18 interoperability among databases and technologies in each 

19 of the forensic science disciplines among all levels of gov20 ernment, in all States, and where permitted by law, with 

21 the private sector. 

22 (c) OVERSIGHT.—The Director, in consultation with 

23 the Board, shall evaluate and, as necessary, update the 

24 plan established under subsection (b). 


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1 SEC. 607. CODE OF ETHICS. 

2 (a) RECOMMENDATIONS.— 

3 (1) IN GENERAL.—Not later than 2 years after 

4 the date of enactment of this Act, the Board shall 

5 submit to the Director a recommended code of ethics 

6 for the forensic science disciplines. 

7 (2) REQUIREMENTS.—In developing a rec8 ommended code of ethics under paragraph (1), the 

9 Board shall— 

10 (A) consult with relevant qualified profes11 sional organizations; and 

12 (B) consider any recommendations relating 

13 to a code of ethics or code of professional re14 sponsibility developed by the Subcommittee on 

15 Forensic Science of the National Science and 

16 Technology Council. 

17 (b) ESTABLISHMENT AND INCORPORATION.—Upon 

18 receipt of the recommendation from the Board under sub19 section (a), the Director shall— 

20 (1) in accordance with section 101(f)(3), estab21 lish a code of ethics for the forensic science dis22 ciplines; and 

23 (2) as appropriate, incorporate the code of eth24 ics into the standards for accreditation of forensic 

25 science laboratories and certification of relevant per26 sonnel established under this Act. 


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1 (c) OVERSIGHT.—The Director, in consultation with 

2 the Board, shall periodically evaluate and, as necessary, 

3 update the code of ethics established under subsection (b). 

4 SEC. 608. NEEDS ASSESSMENT. 

5 (a) IN GENERAL.—Not later than 18 months after 

6 the date of enactment of this Act, the Director shall con7 duct a needs assessment of State and local forensic service 

8 providers, including law enforcement agencies and 

9 medicolegal death examiners, in order to evaluate the ca10 pacity and resource needs of those providers. Such a needs 

11 assessment shall address the technology, equipment, per12 sonnel, recruitment, training, education, and research 

13 needs of those State and local forensic service providers. 

14 (b) DEVELOPMENT OF NATIONAL STRATEGY.—Not 

15 later than 2 years after the date of enactment of this Act, 

16 the Director shall develop a national strategy for devel17 oping the capacity and resources of State and local foren18 sic science providers and for addressing the needs identi19 fied in the assessment conducted pursuant to subsection 

20 (a). 

21 (c) UPDATE OF ASSESSMENT AND NATIONAL STRAT22 EGY.—Not less frequently than once every 5 years, the 

23 Director shall update the assessment conducted under 


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1 subsection (a) and the national strategy developed under 

2 subsection (b). 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS