US Codex
Bill
Notes

Title II — Accreditation of forensic science laboratories

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

II Accreditation of forensic science laboratories

Sec. 201 Accreditation of forensic science laboratories

(a)
In General— On and after the date established under subsection (b)(2)(E), a forensic science laboratory may not receive, directly or indirectly, any Federal funds, unless the Director has verified that the laboratory has been accredited in accordance with the standards and procedures established under this title.
(b)
Procedures for accreditation—
(1)
Recommendations— Not later than 3 years after the date of enactment of this Act, the Board shall submit to the Director—
(A)
a comprehensive strategy to enable forensic science laboratories to obtain and maintain accreditation;
(B)
recommended procedures for the accreditation of forensic science laboratories that are consistent with the recommended standards developed by the Board under section 202;
(C)
recommended procedures for the periodic review and updating of the accreditation status of forensic science laboratories;
(D)
recommended procedures for the Director to verify that laboratories have been accredited in accordance with the standards and procedures established under this title, which shall include procedures to implement, administer, and coordinate enforcement of the program for the accreditation of forensic science laboratories; and
(E)
a recommendation regarding the dates by which forensic science laboratories should—
(i)
begin the process of laboratory accreditation; and
(ii)
obtain verification of laboratory accreditation to be eligible to receive Federal funds.
(2)
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)
procedures to implement a comprehensive strategy to enable forensic science laboratories to obtain and maintain accreditation;
(B)
procedures for the accreditation of a forensic science laboratory;
(C)
procedures for the Director to verify that laboratories have been accredited in accordance with the standards and procedures established under this title;
(D)
the date by which a forensic science laboratory shall begin the process of accreditation; and
(E)
the date by which a forensic science laboratory shall obtain verification of laboratory accreditation to be eligible to receive Federal funds.
(3)
Consideration of appropriations— In determining, recommending, and establishing the dates under paragraphs (1) and (2), the Board and Director shall consider whether funding has been appropriated pursuant to section 305 and other relevant Federal grant programs to sufficiently assist and support laboratories in obtaining accreditation under this Act.
(c)
Definition—
(1)
In general— Not later than 1 year after the date of enactment of this Act, the Board shall recommend to the Director a definition of the term forensic science laboratory for purposes of this Act, which shall include any laboratory that conducts 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.
(2)
Establishment— After the Director receives the recommendation of the Board under paragraph (1), the Director shall, in accordance with section 101(f)(3), establish a definition for the term forensic science laboratory.
(d)
Applicability to Federal agencies— On and after the date established by the Director under subsection (b)(2)(E), a Federal agency may not use any forensic science laboratory, including any services, products, analysis, opinions, or conclusions provided by the forensic science laboratory, during the course of a criminal investigation or criminal court proceeding unless the forensic science laboratory meets the standards of accreditation and certification established by the Office under this Act.

Sec. 202 Standards for laboratory accreditation

(a)
Standards—
(1)
Recommendations— Not later than 18 months after the date of enactment of this Act, the Board shall, in consultation with qualified professional organizations, submit to the Director recommendations regarding standards for the accreditation of forensic science laboratories, including quality assurance and quality control standards, to ensure the quality, integrity, and accuracy of any testing, analysis, identification, or comparisons performed by a forensic science laboratory for use during the course of a criminal investigation or criminal court proceeding.
(2)
Establishment— After the Director receives the recommendations of the Board under paragraph (1), the Director shall, in accordance with section 101(f)(3), establish standards for the accreditation of forensic science laboratories.
(3)
Requirements— In recommending or establishing standards under paragraph (1) or (2) the Board and the Director shall—
(A)
consider—
(i)
whether any relevant national or international accreditation standards that were in effect before the date of enactment of this Act would be sufficient for the accreditation of forensic science laboratories under this Act;
(ii)
whether any relevant national or international accreditation standards that were in effect before the date of enactment of this Act would be sufficient for the accreditation of forensic science laboratories under this Act with supplemental standards; and
(iii)
the incorporation of relevant national or international accreditation standards that were in effect before the date of enactment of this Act; and
(B)
include—
(i)
educational and training requirements for relevant laboratory personnel;
(ii)
proficiency and competency testing requirements for relevant laboratory personnel; and
(iii)
maintenance and auditing requirements for accredited forensic science laboratories.
(b)
Review of Standards—
(1)
In general— Not less frequently than once every 5 years—
(A)
the Board shall—
(i)
review the scope and effectiveness of the accreditation standards established under subsection (a);
(ii)
submit recommendations to the Director relating to whether, and if so, how to update or supplement the standards as necessary to—
(I)
account for developments in relevant scientific research, technological advances, and new forensic science disciplines;
(II)
ensure adherence to the standards and best practices established under title V; and
(III)
address any other issue identified during the course of the review conducted under clause (i); and
(B)
the Director shall, as necessary and in accordance with section 101(f)(3), update the accreditation standards established under subsection (a).
(2)
Procedures for open and transparent review of standards— The Director, in consultation with the Board, shall establish procedures to ensure that the process for developing, reviewing, and updating accreditation standards under this section—
(A)
is open and transparent to the public; and
(B)
includes an opportunity for the public to comment on proposed standards with sufficient prior notice.

Sec. 203 Administration and enforcement of accreditation program

(a)
Administration and oversight of accreditation program—
(1)
In general— The Director shall determine whether a forensic science laboratory is eligible to receive, directly or indirectly, Federal funds under section 201(a).
(2)
Administration—
(A)
In general— The Director shall, in consultation with the Board and as appropriate, identify 1 or more qualified accrediting bodies with significant expertise relevant to the accreditation of forensic science laboratories, the accreditation of a forensic science laboratory by which shall constitute accreditation for purposes of section 201(a).
(B)
Oversight— The Director shall periodically—
(i)
reevaluate whether accreditation by a qualified accrediting body identified under subparagraph (A) is adequate to ensure compliance with the standards and procedures established under this title; and
(ii)
recommend updates to the standards and procedures used by 1 or more qualified accrediting bodies, as necessary.
(C)
Reporting— The Director shall provide to the Board, and publish on the Web site of the Office, regular reports regarding—
(i)
the accreditation of forensic science laboratories by qualified accrediting bodies identified under subparagraph (A); and
(ii)
reevaluations of accreditation by qualified accrediting bodies under subparagraph (B).
(b)
Review of eligibility— Not less frequently than once every 5 years, the Director shall evaluate whether a forensic science laboratory that has been determined to be eligible to receive Federal funds under section 201(a) remains eligible to receive Federal funds, including whether any accreditation of the forensic science laboratory by a qualified accrediting body identified under subparagraph (A) is still in effect.
(c)
Web site— The Director shall develop and maintain on the Web site of the Office an updated list of—
(1)
the forensic science laboratories that are eligible for Federal funds under section 201(a);
(2)
the forensic science laboratories that have been determined to be ineligible to receive Federal funds under section 201(a); and
(3)
the forensic science laboratories that are awaiting a determination regarding eligibility to receive Federal funds under section 201(a).