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Title I — Structure and oversight

S. 2177 · 113th Congress · Mar 27, 2014 · Lineage

I Structure and oversight

Sec. 101 Office of Forensic Science

(a)
In general— There is established an Office of Forensic Science within the Office of the Deputy Attorney General in the Department of Justice.
(b)
Officers and Staff—
(1)
In general— The Office shall include—
(A)
a Director, who shall have a background in science and be appointed by the Attorney General; and
(B)
such other officers and staff as the Deputy Attorney General and the Director determine appropriate.
(2)
Leadership role of the Director— The Director shall have primary responsibility for establishing and implementing national policy regarding forensic science as used in the criminal justice system.
(3)
Deadline— Not later than 90 days after the date of enactment of this Act, the initial appointment and hiring under paragraph (1) shall be completed.
(c)
Vacancy— In the event of a vacancy in the position of Director—
(1)
the Attorney General shall designate an acting Director; and
(2)
during any period of vacancy before designation of an acting Director, the Deputy Attorney General shall serve as acting Director.
(d)
Collaboration and coordination with NIST—
(1)
In general— Not later than 180 days after the appointment of the Director, the Director and the Director of NIST shall establish a Memorandum of Understanding to ensure collaboration and coordination in the implementation of this Act.
(2)
Requirements— The Memorandum of Understanding required under paragraph (1) shall include—
(A)
policies and procedures to ensure that, in implementing this Act, the Director and the Director of NIST—
(i)
incorporate appropriately the priorities and expertise of law enforcement and forensic practitioners; and
(ii)
establish structures designed to guarantee independent and objective scientific determinations; and
(B)
agreements governing—
(i)
selection of members of Committees and support by NIST of the Committees in accordance with section 103;
(ii)
administration by NIST of grant programs described in section 402;
(iii)
designation of a liaison at NIST to facilitate communication between the Office and NIST; and
(iv)
any other appropriate collaboration or coordination.
(e)
Liaison from the national science foundation— The Director of the National Science Foundation, in consultation with the Director, shall designate a liaison at the National Science Foundation to—
(1)
facilitate communication and collaboration between the Office and the National Science Foundation; and
(2)
encourage participation by the National Science Foundation in implementing title IV of this Act.
(f)
Duties and authority—
(1)
In general— The Office shall—
(A)
assist the Board in carrying out all the functions of the Board under this Act and such other related functions as are necessary to perform the functions of the Board; and
(B)
evaluate and act upon the recommendations of the Board in accordance with paragraph (3).
(2)
Specific responsibilities— The Director shall—
(A)
establish, lead, and oversee implementation of accreditation and certification standards under titles II and III;
(B)
establish a comprehensive strategy for scientific research in the forensic sciences under title IV;
(C)
establish standards and best practices for forensic science disciplines under title V;
(D)
define the term forensic science discipline for the purposes of this Act in accordance with section 102(h);
(E)
establish and maintain a list of forensic science disciplines in accordance with section 102(h);
(F)
establish Committees in accordance with section 103;
(G)
define the term forensic science laboratory for the purposes of this Act in accordance with section 201(c);
(H)
establish a code of ethics for the forensic science disciplines in accordance with section 607; and
(I)
perform all other functions of the Office under this Act and such other related functions as are necessary to perform the functions of the Office described in this Act.
(3)
Consideration of recommendations—
(A)
In general— Upon receiving a recommendation from the Board, the Director shall—
(i)
give substantial deference to the recommendation; and
(ii)
not later than 30 days after the date on which the Director receives the recommendation, determine whether to adopt, modify, or reject the recommendation.
(B)
Modification—
(i)
In general— If the Director determines to substantially modify a recommendation under subparagraph (A), the Director shall immediately notify the Board of the proposed modification.
(ii)
Board recommendation— Not later than 30 days after the date on which the Director provides notice to the Board under clause (i), the Board shall submit to the Director a recommendation on whether the proposed modification should be adopted.
(iii)
Acceptance of modification— If the Board recommends that a proposed modification should be adopted under clause (ii), the Director may implement the modified recommendation.
(iv)
Rejection of modification— If the Board recommends that a proposed modification should not be adopted under clause (ii), the Director shall, not later than 10 days after the date on which the Board makes the recommendation—
(I)
provide notice and an explanation of the proposed modification to the Committee on the Judiciary and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on the Judiciary and the Committee on Science, Space, and Technology of the House of Representatives; and
(II)
begin, with regard to the proposed modification, a rulemaking on the record after opportunity for an agency hearing.
(C)
Rejection— Not later than 30 days after the date on which the Director determines to reject a recommendation under subparagraph (A), the Director shall—
(i)
provide notice and an explanation of the decision to reject the recommendation to the Committee on the Judiciary and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on the Judiciary and the Committee on Science, Space, and Technology of the House of Representatives; and
(ii)
begin, with regard to the recommendation, a rulemaking on the record after opportunity for an agency hearing.
(g)
Web site— The Director shall—
(1)
establish a Web site that is publicly accessible; and
(2)
publish and maintain on the Web site—
(A)
a central repository of recommendations of the Board and all standards, best practices, protocols, definitions, and other materials established, accepted, or amended, by the Director under this Act; and
(B)
a central repository of current and past forensic science research, which shall be—
(i)
collected and catalogued in a manner that is easily accessible to the public; and
(ii)
updated no less frequently than once every 2 years.

Sec. 102 Forensic Science Board

(a)
In general— There is established a Forensic Science Board to serve as an advisory board regarding forensic science in order to strengthen and promote confidence in the criminal justice system by promoting standards and best practices and ensuring scientific validity, reliability, and accuracy with respect to forensic testing, analysis, identification, and comparisons, the results of which may be interpreted, presented, or otherwise used during the course of a criminal investigation or criminal court proceeding.
(b)
Appointment—
(1)
In general— The Board shall be composed of 17 members, who shall—
(A)
be appointed by the President not later than 180 days after the date of enactment of this Act; and
(B)
come from professional communities that have expertise relevant to and significant interest in the field of forensic science.
(2)
Consideration and consultation— In making an appointment under paragraph (1), the President shall—
(A)
consider the need for the Board to exercise independent and objective scientific judgment; and
(B)
consider, among other factors, membership on the National Commission on Forensic Science and recommendations from leading scientific organizations and leading professional organizations in the field of forensic science and other relevant fields.
(3)
Requirements— The Board shall include—
(A)
11 voting members;
(B)
6 nonvoting members; and
(C)
the ex officio members described in paragraph (7).
(4)
Voting member requirements—
(A)
In general— Of the 11 voting members—
(i)
each shall have comprehensive scientific backgrounds;
(ii)
not fewer than 6 shall have extensive experience and background in scientific research;
(iii)
not fewer than 6 shall have extensive and current practical experience and background in forensic science; and
(iv)
not less than 1 shall be a board certified forensic pathologist.
(B)
Multiple requirements— An individual voting member may meet more than 1 of the requirements described in clauses (ii) through (iv) of subparagraph (A).
(5)
Nonvoting members— One nonvoting member shall come from each of the following categories:
(A)
Judges.
(B)
Prosecutors.
(C)
State and local law enforcement officials.
(D)
Criminal defense attorneys.
(E)
Organizations that represent people who may have been wrongly convicted.
(F)
State and local laboratory directors.
(6)
Fulfillment of multiple requirements— An individual who fulfills the requirements described in paragraph (4) may serve as a voting member even if that individual also fulfills a requirement described in paragraph (5).
(7)
Ex officio members— The Director, the Deputy Attorney General, and the Directors of NIST and the National Science Foundation, or their designees, shall serve as ex officio members of the Board and shall not participate in voting.
(8)
Appointment of board chairperson— The President shall designate a voting member of the Board to serve as Chairperson of the Board for the duration of that member’s term.
(c)
Terms—
(1)
In general— Each voting and nonvoting member of the Board, excluding ex officio members, shall be appointed for a term of 6 years.
(2)
Exception— Of the members first appointed to the Board—
(A)
3 voting members and 2 nonvoting members shall serve a term of 2 years;
(B)
4 voting members and 2 nonvoting members shall serve a term of 4 years; and
(C)
4 voting members and 2 nonvoting members shall serve a term of 6 years.
(3)
Renewable term— A voting or nonvoting member of the Board may be appointed for not more than a total of 2 terms, including an initial term described in paragraph (2).
(4)
Vacancies—
(A)
In general— In the event of a vacancy, the President may appoint a member to fill the remainder of the term.
(B)
Additional term— A member appointed under subparagraph (A) may be reappointed for 1 additional term.
(5)
Holdovers— If a successor has not been appointed at the conclusion of the term of a member of the Board, the member of the Board may continue to serve until—
(A)
a successor is appointed; or
(B)
the member of the Board is reappointed.
(d)
Responsibilities— The Board shall—
(1)
make recommendations to the Director relating to research priorities and needs, accreditation and certification standards, standards and protocols for forensic science disciplines, and any other issue consistent with this Act;
(2)
monitor and evaluate—
(A)
the administration of accreditation, certification, and research programs and procedures established under this Act; and
(B)
the operation of the Committees;
(3)
review and update, as appropriate, any recommendations made under paragraph (1);
(4)
identify, as appropriate, any additional issues that 1 or more Committees should consider; and
(5)
perform all other functions of the Board under this Act and such other related functions as are necessary to perform the functions of the Board.
(e)
Consultation— The Board shall consult as appropriate with the Deputy Attorney General, the Director of NIST, the Director of the National Science Foundation, the Director of the National Institute of Justice, the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, senior officials from other relevant Federal agencies including the Department of Defense, and relevant officials of State and local governments.
(f)
Meetings—
(1)
In general— The Board shall hold not fewer than 4 meetings of the full Board each year.
(2)
Requirements—
(A)
Notice— The Board shall provide public notice of any meeting of the Board in a reasonable period in advance of the meeting.
(B)
Open meetings— A meeting of the Board shall be open to the public.
(C)
Quorum— A majority of the voting members of the Board shall be present for a quorum to conduct business.
(g)
Votes—
(1)
In general— Decisions of the Board shall be made by an affirmative vote of not less than 2/3 of the members of the Board voting.
(2)
Voting procedures—
(A)
Recorded— All votes of the Board shall be recorded.
(B)
Remote and proxy voting— If necessary, a voting member of the Board may cast a vote—
(i)
over the phone or through electronic mail or other electronic means if the vote is scheduled to take place during a time other than a full meeting of the Board; and
(ii)
over the phone or by proxy if the vote is scheduled to take place during a full meeting of the Board.
(h)
Definition of forensic science discipline—
(1)
In general— Not later than 18 months after the date of enactment of this Act, the Board shall—
(A)
develop a recommended definition of the term forensic science discipline for purposes of this Act, which shall encompass disciplines with a sufficient scientific basis that involve forensic testing, analysis, identification, or comparisons, the results of which may be interpreted, presented, or otherwise used during the course of a criminal investigation or criminal court proceeding;
(B)
develop a recommended list of forensic science disciplines for purposes of this Act; and
(C)
submit the recommended definition and proposed list of forensic science disciplines to the Director.
(2)
Consideration— In developing a recommended list of forensic science disciplines under paragraph (1)(B), the Board shall—
(A)
consider each field from which courts in criminal cases hear forensic testimony or admit forensic evidence; and
(B)
consult with relevant practitioners, experts, and professional organizations.
(3)
Exclusion from list— If the Board recommends that a field should not be included on the list submitted under paragraph (1) because the field has insufficient scientific basis on the date of the recommendation of the Board, the Board shall publish an explanation of the recommendation, which—
(A)
shall be published on the Web site of the Board; and
(B)
may include a finding that a field could be recognized as a forensic science discipline for purposes of this Act, based on additional research.
(4)
Establishment— After the Director receives the recommendations of the Board under paragraph (1), the Director shall, in accordance with section 101(f)(3), establish a definition for the term forensic science discipline, and shall establish a list of forensic science disciplines.
(5)
Annual evaluation— On an annual basis, the Board shall—
(A)
evaluate—
(i)
whether any field should be added to the list of forensic science disciplines established under paragraph (4), including any field previously excluded; and
(ii)
whether any field on the list of forensic science disciplines established under paragraph (4) should be modified or removed; and
(B)
submit the evaluation conducted under subparagraph (A), including any recommendations, to the Director.
(i)
Staff—
(1)
In general— The Board may, without regard to the civil service laws and regulations, appoint and terminate a staff director and such other additional personnel as may be necessary to enable the Board to perform the duties of the Board.
(2)
Compensation— The Board may fix the compensation of the staff director and other personnel appointed under paragraph (1) without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
(3)
Personnel as Federal employees—
(A)
In general— Any personnel of the Board who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that title.
(B)
Members of the board— Subparagraph (A) shall not be construed to apply to members of the Board.
(4)
Procurement of temporary and intermittent services— The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
(5)
Voluntary services— Notwithstanding section 1342 of title 31, United States Code, the Board may accept and use voluntary and uncompensated services for the Board as the Board determines necessary.
(j)
Reports to congress— Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Board shall submit to Congress a report describing the work of the Board and the work of each Committee, which shall include a description of any recommendations, decisions, and other significant materials generated during the 2-year period.
(k)
Applicability of the Federal advisory committee Act—
(1)
In general— Subject to paragraphs (2) through (4), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board.
(2)
Termination provision— Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.
(3)
Compensation of members— Members of the Board shall serve without compensation for services performed for the Board.
(4)
Travel expenses— The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board.
(5)
Designated Federal officer— In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall—
(A)
serve as the designated Federal officer (as described in section 10(e) of such Act); and
(B)
designate an Advisory Committee Management Officer (as described in section 8(b) of such Act) for the Board.
(l)
Transfer and consolidation of National Commission on Forensic Science— Not later than 30 days after the date on which the first meeting of the Board occurs, the Attorney General or the Director of NIST, as the case may be, shall transfer to the Office, control, supervision, and any unobligated balances available for the operation of the National Commission on Forensic Science or any national commission that has a similar scope or responsibility to the Office.

Sec. 103 Committees

(a)
Establishment and maintenance of committees—
(1)
In general— Not later than 18 months after the date of enactment of this Act, the Board shall issue recommendations to the Director relating to—
(A)
the number of Committees that shall be established to examine research needs, standards and best practices, and certification standards for the forensic science disciplines, which shall be sufficient to—
(i)
ensure that the Committees are representative of each forensic science discipline; and
(ii)
allow the Committees to function effectively;
(B)
the scope of responsibility for each Committee recommended to be established, which shall ensure that each forensic science discipline is addressed by a Committee;
(C)
what the relationship should be between the Committees and any scientific working group, scientific area committee, guidance group, or technical working group that has a similar scope of responsibility; and
(D)
whether any Committee should consider any field not recognized as a forensic science discipline for the purpose of determining whether there is research that could be conducted and used to form the basis for establishing the field as a forensic science discipline.
(2)
Establishment— After the Director receives the recommendations of the Board under paragraph (1), the Director, in consultation with the Director of NIST shall—
(A)
consider how to adapt and incorporate any scientific working group, scientific area committee, guidance group, or technical working group operating under the Department of Justice or NIST into a Committee;
(B)
in accordance with section 101(f)(3), establish—
(i)
Committees to examine research needs, standards, best practices, and certification standards for the forensic science disciplines, which shall be not fewer than 1; and
(ii)
a clear scope of responsibility for each Committee; and
(C)
publish a list of the Committees and the scope of responsibility for each Committee on the Web site for the Office.
(3)
Annual evaluation— The Board, on an annual basis, shall—
(A)
evaluate whether—
(i)
any new Committees should be established;
(ii)
the scope of responsibility for any Committee should be modified; and
(iii)
any Committee should be discontinued; and
(B)
submit any recommendations relating to the evaluation conducted under subparagraph (A) to the Director.
(4)
Updates— Upon receipt of any recommendations from the Board under paragraph (3), the Director shall, in accordance with section 101(f)(3), determine whether to establish, modify the scope of, or discontinue any Committee.
(5)
Transfer and consolidation of scientific and technical working groups— Not later than 30 days after the date on which the first meeting of a Committee occurs, the Attorney General or the Director of NIST, as the case may be, shall transfer to the Office, control, supervision, and any unobligated balances available for the operation of any scientific working group, scientific area committee, guidance group, or technical working group that has a similar scope or responsibility to the Committee.
(b)
Membership—
(1)
In general— Each Committee shall—
(A)
consist of not more than 21 members—
(i)
each of whom shall be a scientist with knowledge relevant to a forensic science discipline addressed by the Committee;
(ii)
not less than 50 percent of whom shall have extensive experience and background in scientific research; and
(iii)
not less than 50 percent of whom shall have extensive practical experience and background in the forensic sciences sufficient to ensure that the Committee has an adequate understanding of the factors and needs unique to the forensic sciences; and
(B)
have a membership that represents a variety of scientific disciplines, including the forensic sciences.
(2)
Definition— In this subsection, the term scientist includes—
(A)
a statistician with a scientific background; and
(B)
a board certified physician or forensic pathologist with expertise in forensic sciences.
(c)
Appointment—
(1)
In general— The Director of NIST, in close coordination with the Board and the Director and pursuant to the Memorandum of Understanding required under section 101(d), shall appoint the members of each Committee.
(2)
Consideration— In appointing members to a Committee under paragraph (1), the Director of NIST shall consider—
(A)
the importance of analysis from scientists with academic research backgrounds in both basic and applied sciences; and
(B)
the importance of input from experienced and actively practicing forensic practitioners, including individuals who participated in scientific working groups, scientific area committees, guidance groups, or technical working groups.
(3)
Vacancies— In the event of a vacancy, the Director of NIST, in consultation with the Board and the Director, may appoint a member to fill the remainder of the term.
(4)
Holdovers— If a successor has not been appointed at the conclusion of the term of a member of the Committee, the member of the Committee may continue to serve until—
(A)
a successor is appointed; or
(B)
the member of the Committee is reappointed.
(d)
Terms— A member of a Committee shall serve for renewable terms of 4 years.
(e)
Support and Oversight—
(1)
In general— Pursuant to the Memorandum of Understanding required under section 101(d), the Director of NIST, in consultation with the Director, shall provide support and staff for each Committee as needed.
(2)
Duties and oversight— The Director of NIST, in consultation with the Director, shall—
(A)
perform periodic oversight of each Committee; and
(B)
report any concerns about the performance or functioning of a Committee to the Board and the Director.
(3)
Failure to comply— If a Committee fails to produce recommendations within the time periods required under this Act, the Director of NIST, in consultation with the Director, shall work with the Committee to assist the Committee in producing the required recommendations in a timely manner.
(f)
Duties—
(1)
In general— A Committee shall have the duties and responsibilities set out in this Act, and shall perform any other functions determined appropriate by the Board.
(2)
Committee decisions and recommendations—
(A)
In general— A Committee shall submit recommendations and all recommended standards, protocols, or other materials developed by the Committee to the Board for evaluation.
(B)
Prohibition of modification of decisions and recommendations— Any recommendations of a Committee and any recommended standards, protocols, or other materials developed by a Committee may be approved or disapproved by the Board, but may not be modified by the Board.
(C)
Approval of decisions and recommendations— If the Board approves a recommendation or recommended standard, protocol, or other material submitted by a Committee under subparagraph (A), the Board shall submit the recommendation or recommended standard, protocol, or other material as a recommendation of the Board, to the Director for consideration in accordance with section 101(f)(3).
(D)
Disapproval of decisions and recommendations— If the Board disapproves of any recommendation of a Committee or recommended standard, protocol, or other material developed by a Committee—
(i)
the Board shall provide in writing the reason for the disapproval of the recommendation or recommended standard, protocol, or other material;
(ii)
the Committee shall withdraw the recommendation or recommended standard, protocol, or other material; and
(iii)
the Committee may submit a revised recommendation or recommended standard, protocol, or other material.
(g)
Meetings—
(1)
In general— A Committee shall hold not fewer than 4 meetings of the full Committee each year.
(2)
Requirements—
(A)
Notice— A Committee shall provide public notice of any meeting of the Committee a reasonable period in advance of the meeting.
(B)
Open meetings— A meeting of a Committee shall be open to the public.
(C)
Quorum— A majority of members of a Committee shall be present for a quorum to conduct business.
(h)
Votes—
(1)
In general— Decisions of a Committee shall be made by an affirmative vote of not less than 2/3 of the members of the Committee voting.
(2)
Voting procedures—
(A)
Recorded— All votes taken by a Committee shall be recorded.
(B)
Remote and proxy voting— If necessary, a member of a Committee may cast a vote—
(i)
over the phone or through electronic mail if the vote is scheduled to take place during a time other than a full meeting of the Committee; and
(ii)
over the phone or by proxy if the vote is scheduled to take place during a full meeting of the Committee.
(i)
Applicability of the Federal advisory committee Act—
(1)
In general— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a Committee.
(2)
Compensation of members— Members of a Committee shall serve without compensation for services performed for the Committee.
(3)
Travel expenses— The members of a Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.

Sec. 104 Authorization of appropriations

There are authorized to be appropriated, including from any unobligated funds appropriated to the Department of Justice and the National Institute of Standards and Technology for the operation of a scientific working group, scientific area committee, guidance group, or technical working group transferred under section 103(a)(5), and including any unobligated funds appropriated to strengthen and enhance the practice of forensic sciences under any other provision of law, $8,000,000 for each of fiscal years 2015 through 2019 for the operation and staffing of the Office, Board, and Committees.