,,ii #aacth ,,congress #b;d ,session ,s4 #bagg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bg1 #bjad ,mr4 ,leahy 7for himself and ,mr4 ,cornyn7 introduced the following bill2 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 ,board1 to strengthen and promote confidence in the criminal justice system by ensuring scientific validity1 reliability1 and accuracy in forensic testing1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,criminal ,justice and ,forensic ,science ,reform ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,purpose4 ,,title ,i--,structure and oversight ,sec4 #aja4 ,office of ,forensic ,science4 ,sec4 #ajb4 ,forensic ,science ,board4 ,sec4 #ajc4 ,committees4 ,sec4 #ajd4 ,authorization of appropriations4 ,,title ,,ii--,accreditation of forensic science laboratories ,sec4 #bja4 ,accreditation of forensic science laboratories4 ,sec4 #bjb4 ,standards for laboratory accreditation4 ,sec4 #bjc4 ,administration and enforcement of accreditation program4 ,,title ,,iii--,certification of forensic science personnel ,sec4 #cja4 ,definitions4 ,sec4 #cjb4 ,certification of forensic science personnel4 ,sec4 #cjc4 ,standards for certification4 ,sec4 #cjd4 ,administration and review of certification program4 ,sec4 #cje4 ,support and technical assistance for ,state and local laboratories4 ,,title ,,iv--,research ,sec4 #dja4 ,research strategy and priorities4 ,sec4 #djb4 ,research grants4 ,sec4 #djc4 ,oversight and review4 ,sec4 #djd4 ,public-private collaboration4 ,,title ,v--,standards and best practices ,sec4 #eja4 ,development of standards and best practices4 ,sec4 #ejb4 ,establishment and dissemination of standards and best practices4 ,sec4 #ejc4 ,review and oversight4 ,,title ,,vi--,additional responsibilities of the office of forensic science and the forensic science board ,sec4 #fja4 ,forensic science training and education for judges1 attorneys1 and law enforcement personnel4 ,sec4 #fjb4 ,educational programs in the forensic sciences4 ,sec4 #fjc4 ,medicolegal death investigation4 ,sec4 #fjd4 ,intergovernmental coordination4 ,sec4 #fje4 ,anonymous reporting4 ,sec4 #fjf4 ,interoperability of databases and technologies4 ,sec4 #fjg4 ,code of ethics4 ,sec4 #fjh4 ,needs assessment4 #b4 ,definitions ,in this ,act3 7#a7 ,board ,the term ,board means the ,forensic ,science ,board established under section #ajb7;a74 7#b7 ,committee ,the term ,committee means a committee established under section #ajc7;a77#b74 7#c7 ,director ,the term ,director means the ,director of the ,office4 7#d7 ,forensic science discipline ,the term forensic science discipline shall have the meaning given that term by the ,director in accordance with section #ajb7;h74 7#e7 ,forensic science laboratory ,the term forensic science laboratory shall have the meaning given that term by the ,director in accordance with section #bja7;c74 7#f7 ,,nist ,the term ,,nist means the ,national ,institute of ,standards and ,technology4 7#g7 ,office ,the term ,office means the ,office of ,forensic ,science established under section #aja7;a74 7#h7 ,relevant personnel ,the term relevant personnel shall have the meaning given that term by the ,director in accordance with section #cja7;b74 #c4 ,purpose ,the purpose of this ,act is to strengthen and promote confidence in the criminal justice system by promoting standards and best practices and ensuring scientific validity1 reliability1 and accuracy with respect to forensic testing1 analysis1 identification1 and comparisons1 the results of which may be interpreted1 presented1 or otherwise used during the course of a criminal investigation or criminal court proceeding4 ,i ,structure and oversight #aja4 ,office of ,forensic ,science 7a7 ,in general ,there is established an ,office of ,forensic ,science within the ,office of the ,deputy ,attorney ,general in the ,department of ,justice4 7b7 ,officers and ,staff 7#a7 ,in general ,the ,office shall include-- 7,a7 a ,director1 who shall have a background in science and be appointed by the ,attorney ,general2 and 7,b7 such other officers and staff as the ,deputy ,attorney ,general and the ,director determine appropriate4 7#b7 ,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 system4 7#c7 ,deadline ,not later than #ij days after the date of enactment of this ,act1 the initial appointment and hiring under paragraph 7#a7 shall be completed4 7c7 ,vacancy ,in the event of a vacancy in the position of ,director-- 7#a7 the ,attorney ,general shall designate an acting ,director2 and 7#b7 during any period of vacancy before designation of an acting ,director1 the ,deputy ,attorney ,general shall serve as acting ,director4 7d7 ,collaboration and coordination with ,,nist 7#a7 ,in general ,not later than #ahj days after the appointment of the ,director1 the ,director and the ,director of ,,nist shall establish a ,memorandum of ,understanding to ensure collaboration and coordination in the implementation of this ,act4 7#b7 ,requirements ,the ,memorandum of ,understanding required under paragraph 7#a7 shall include-- 7,a7 policies and procedures to ensure that1 in implementing this ,act1 the ,director and the ,director of ,,nist-- 7i7 incorporate appropriately the priorities and expertise of law enforcement and forensic practitioners2 and 7ii7 establish structures designed to guarantee independent and objective scientific determinations2 and 7,b7 agreements governing-- 7i7 selection of members of ,committees and support by ,,nist of the ,committees in accordance with section #ajc2 7ii7 administration by ,,nist of grant programs described in section #djb2 7iii7 designation of a liaison at ,,nist to facilitate communication between the ,office and ,,nist2 and 7iv7 any other appropriate collaboration or coordination4 7e7 ,liaison from the national science foundation ,the ,director of the ,national ,science ,foundation1 in consultation with the ,director1 shall designate a liaison at the ,national ,science ,foundation to-- 7#a7 facilitate communication and collaboration between the ,office and the ,national ,science ,foundation2 and 7#b7 encourage participation by the ,national ,science ,foundation in implementing title ,,iv of this ,act4 7f7 ,duties and authority 7#a7 ,in general ,the ,office shall-- 7,a7 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 ,board2 and 7,b7 evaluate and act upon the recommendations of the ,board in accordance with paragraph 7#c74 7#b7 ,specific responsibilities ,the ,director shall-- 7,a7 establish1 lead1 and oversee implementation of accreditation and certification standards under titles ,,ii and ,,iii2 7,b7 establish a comprehensive strategy for scientific research in the forensic sciences under title ,,iv2 7,c7 establish standards and best practices for forensic science disciplines under title ,v2 7,d7 define the term forensic science discipline for the purposes of this ,act in accordance with section #ajb7;h72 7,e7 establish and maintain a list of forensic science disciplines in accordance with section #ajb7;h72 7,f7 establish ,committees in accordance with section #ajc2 7,g7 define the term forensic science laboratory for the purposes of this ,act in accordance with section #bja7;c72 7,h7 establish a code of ethics for the forensic science disciplines in accordance with section #fjg2 and 7,i7 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 ,act4 7#c7 ,consideration of recommendations 7,a7 ,in general ,upon receiving a recommendation from the ,board1 the ,director shall-- 7i7 give substantial deference to the recommendation2 and 7ii7 not later than #cj days after the date on which the ,director receives the recommendation1 determine whether to adopt1 modify1 or reject the recommendation4 7,b7 ,modification 7i7 ,in general ,if the ,director determines to substantially modify a recommendation under subparagraph 7,a71 the ,director shall immediately notify the ,board of the proposed modification4 7ii7 ,board recommendation ,not later than #cj days after the date on which the ,director provides notice to the ,board under clause 7i71 the ,board shall submit to the ,director a recommendation on whether the proposed modification should be adopted4 7iii7 ,acceptance of modification ,if the ,board recommends that a proposed modification should be adopted under clause 7ii71 the ,director may implement the modified recommendation4 7iv7 ,rejection of modification ,if the ,board recommends that a proposed modification should not be adopted under clause 7ii71 the ,director shall1 not later than #aj days after the date on which the ,board makes the recommendation-- 7,i7 provide notice and an explanation of the proposed modification to the ,committee on the ,judiciary and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on the ,judiciary and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives2 and 7,,ii7 begin1 with regard to the proposed modification1 a rulemaking on the record after opportunity for an agency hearing4 7,c7 ,rejection ,not later than #cj days after the date on which the ,director determines to reject a recommendation under subparagraph 7,a71 the ,director shall-- 7i7 provide notice and an explanation of the decision to reject the recommendation to the ,committee on the ,judiciary and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on the ,judiciary and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives2 and 7ii7 begin1 with regard to the recommendation1 a rulemaking on the record after opportunity for an agency hearing4 7g7 ,web site ,the ,director shall-- 7#a7 establish a ,web site that is publicly accessible2 and 7#b7 publish and maintain on the ,web site-- 7,a7 a central repository of recommendations of the ,board and all standards1 best practices1 protocols1 definitions1 and other materials established1 accepted1 or amended1 by the ,director under this ,act2 and 7,b7 a central repository of current and past forensic science research1 which shall be-- 7i7 collected and catalogued in a manner that is easily accessible to the public2 and 7ii7 updated no less frequently than once every #b years4 #ajb4 ,forensic ,science ,board 7a7 ,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 validity1 reliability1 and accuracy with respect to forensic testing1 analysis1 identification1 and comparisons1 the results of which may be interpreted1 presented1 or otherwise used during the course of a criminal investigation or criminal court proceeding4 7b7 ,appointment 7#a7 ,in general ,the ,board shall be composed of #ag members1 who shall-- 7,a7 be appointed by the ,president not later than #ahj days after the date of enactment of this ,act2 and 7,b7 come from professional communities that have expertise relevant to and significant interest in the field of forensic science4 7#b7 ,consideration and consultation ,in making an appointment under paragraph 7#a71 the ,president shall-- 7,a7 consider the need for the ,board to exercise independent and objective scientific judgment2 and 7,b7 consider1 among other factors1 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 fields4 7#c7 ,requirements ,the ,board shall include-- 7,a7 #aa voting members2 7,b7 #f nonvoting members2 and 7,c7 the ex officio members described in paragraph 7#g74 7#d7 ,voting member requirements 7,a7 ,in general ,of the #aa voting members-- 7i7 each shall have comprehensive scientific backgrounds2 7ii7 not fewer than #f shall have extensive experience and background in scientific research2 7iii7 not fewer than #f shall have extensive and current practical experience and background in forensic science2 and 7iv7 not less than #a shall be a board certified forensic pathologist4 7,b7 ,multiple requirements ,an individual voting member may meet more than #a of the requirements described in clauses 7ii7 through 7iv7 of subparagraph 7,a74 7#e7 ,nonvoting members ,one nonvoting member shall come from each of the following categories3 7,a7 ,judges4 7,b7 ,prosecutors4 7,c7 ,state and local law enforcement officials4 7,d7 ,criminal defense attorneys4 7,e7 ,organizations that represent people who may have been wrongly convicted4 7,f7 ,state and local laboratory directors4 7#f7 ,fulfillment of multiple requirements ,an individual who fulfills the requirements described in paragraph 7#d7 may serve as a voting member even if that individual also fulfills a requirement described in paragraph 7#e74 7#g7 ,ex officio members ,the ,director1 the ,deputy ,attorney ,general1 and the ,directors of ,,nist and the ,national ,science ,foundation1 or their designees1 shall serve as ex officio members of the ,board and shall not participate in voting4 7#h7 ,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 term4 7c7 ,terms 7#a7 ,in general ,each voting and nonvoting member of the ,board1 excluding ex officio members1 shall be appointed for a term of #f years4 7#b7 ,exception ,of the members first appointed to the ,board-- 7,a7 #c voting members and #b nonvoting members shall serve a term of #b years2 7,b7 #d voting members and #b nonvoting members shall serve a term of #d years2 and 7,c7 #d voting members and #b nonvoting members shall serve a term of #f years4 7#c7 ,renewable term ,a voting or nonvoting member of the ,board may be appointed for not more than a total of #b terms1 including an initial term described in paragraph 7#b74 7#d7 ,vacancies 7,a7 ,in general ,in the event of a vacancy1 the ,president may appoint a member to fill the remainder of the term4 7,b7 ,additional term ,a member appointed under subparagraph 7,a7 may be reappointed for #a additional term4 7#e7 ,holdovers ,if a successor has not been appointed at the conclusion of the term of a member of the ,board1 the member of the ,board may continue to serve until-- 7,a7 a successor is appointed2 or 7,b7 the member of the ,board is reappointed4 7d7 ,responsibilities ,the ,board shall-- 7#a7 make recommendations to the ,director relating to research priorities and needs1 accreditation and certification standards1 standards and protocols for forensic science disciplines1 and any other issue consistent with this ,act2 7#b7 monitor and evaluate-- 7,a7 the administration of accreditation1 certification1 and research programs and procedures established under this ,act2 and 7,b7 the operation of the ,committees2 7#c7 review and update1 as appropriate1 any recommendations made under paragraph 7#a72 7#d7 identify1 as appropriate1 any additional issues that #a or more ,committees should consider2 and 7#e7 perform all other functions of the ,board under this ,act and such other related functions as are necessary to perform the functions of the ,board4 7e7 ,consultation ,the ,board shall consult as appropriate with the ,deputy ,attorney ,general1 the ,director of ,,nist1 the ,director of the ,national ,science ,foundation1 the ,director of the ,national ,institute of ,justice1 the ,director of the ,centers for ,disease ,control and ,prevention1 the ,director of the ,national ,institutes of ,health1 senior officials from other relevant ,federal agencies including the ,department of ,defense1 and relevant officials of ,state and local governments4 7f7 ,meetings 7#a7 ,in general ,the ,board shall hold not fewer than #d meetings of the full ,board each year4 7#b7 ,requirements 7,a7 ,notice ,the ,board shall provide public notice of any meeting of the ,board in a reasonable period in advance of the meeting4 7,b7 ,open meetings ,a meeting of the ,board shall be open to the public4 7,c7 ,quorum ,a majority of the voting members of the ,board shall be present for a quorum to conduct business4 7g7 ,votes 7#a7 ,in general ,decisions of the ,board shall be made by an affirmative vote of not less than #b_/c of the members of the ,board voting4 7#b7 ,voting procedures 7,a7 ,recorded ,all votes of the ,board shall be recorded4 7,b7 ,remote and proxy voting ,if necessary1 a voting member of the ,board may cast a vote-- 7i7 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 ,board2 and 7ii7 over the phone or by proxy if the vote is scheduled to take place during a full meeting of the ,board4 7h7 ,definition of forensic science discipline 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,board shall-- 7,a7 develop a recommended definition of the term forensic science discipline for purposes of this ,act1 which shall encompass disciplines with a sufficient scientific basis that involve forensic testing1 analysis1 identification1 or comparisons1 the results of which may be interpreted1 presented1 or otherwise used during the course of a criminal investigation or criminal court proceeding2 7,b7 develop a recommended list of forensic science disciplines for purposes of this ,act2 and 7,c7 submit the recommended definition and proposed list of forensic science disciplines to the ,director4 7#b7 ,consideration ,in developing a recommended list of forensic science disciplines under paragraph 7#a77;,b71 the ,board shall-- 7,a7 consider each field from which courts in criminal cases hear forensic testimony or admit forensic evidence2 and 7,b7 consult with relevant practitioners1 experts1 and professional organizations4 7#c7 ,exclusion from list ,if the ,board recommends that a field should not be included on the list submitted under paragraph 7#a7 because the field has insufficient scientific basis on the date of the recommendation of the ,board1 the ,board shall publish an explanation of the recommendation1 which-- 7,a7 shall be published on the ,web site of the ,board2 and 7,b7 may include a finding that a field could be recognized as a forensic science discipline for purposes of this ,act1 based on additional research4 7#d7 ,establishment ,after the ,director receives the recommendations of the ,board under paragraph 7#a71 the ,director shall1 in accordance with section #aja7;f77#c71 establish a definition for the term forensic science discipline1 and shall establish a list of forensic science disciplines4 7#e7 ,annual evaluation ,on an annual basis1 the ,board shall-- 7,a7 evaluate-- 7i7 whether any field should be added to the list of forensic science disciplines established under paragraph 7#d71 including any field previously excluded2 and 7ii7 whether any field on the list of forensic science disciplines established under paragraph 7#d7 should be modified or removed2 and 7,b7 submit the evaluation conducted under subparagraph 7,a71 including any recommendations1 to the ,director4 7i7 ,staff 7#a7 ,in general ,the ,board may1 without regard to the civil service laws and regulations1 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 ,board4 7#b7 ,compensation ,the ,board may fix the compensation of the staff director and other personnel appointed under paragraph 7#a7 without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 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 #ecaf of such title4 7#c7 ,personnel as ,federal employees 7,a7 ,in general ,any personnel of the ,board who are employees shall be employees under section #baje of title #e1 ,united ,states ,code1 for purposes of chapters #fc1 #ha1 #hc1 #hd1 #he1 #hg1 #hi1 #hi;,a1 #hi;,b1 and #ij of that title4 7,b7 ,members of the board ,subparagraph 7,a7 shall not be construed to apply to members of the ,board4 7#d7 ,procurement of temporary and intermittent services ,the ,board may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 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 #ecaf of such title4 7#e7 ,voluntary services ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,board may accept and use voluntary and uncompensated services for the ,board as the ,board determines necessary4 7j7 ,reports to congress ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,board shall submit to ,congress a report describing the work of the ,board and the work of each ,committee1 which shall include a description of any recommendations1 decisions1 and other significant materials generated during the #b-year period4 7k7 ,applicability of the ,federal advisory committee ,act 7#a7 ,in general ,subject to paragraphs 7#b7 through 7#d71 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,board4 7#b7 ,termination provision ,section #ad7;a77#b7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,board4 7#c7 ,compensation of members ,members of the ,board shall serve without compensation for services performed for the ,board4 7#d7 ,travel expenses ,the members of the ,board shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,board4 7#e7 ,designated ,federal officer ,in accordance with the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 the ,director shall-- 7,a7 serve as the designated ,federal officer 7as described in section #aj7;e7 of such ,act72 and 7,b7 designate an ,advisory ,committee ,management ,officer 7as described in section #h7;b7 of such ,act7 for the ,board4 7l7 ,transfer and consolidation of ,national ,commission on ,forensic ,science ,not later than #cj days after the date on which the first meeting of the ,board occurs1 the ,attorney ,general or the ,director of ,,nist1 as the case may be1 shall transfer to the ,office1 control1 supervision1 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 ,office4 #ajc4 ,committees 7a7 ,establishment and maintenance of committees 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,board shall issue recommendations to the ,director relating to-- 7,a7 the number of ,committees that shall be established to examine research needs1 standards and best practices1 and certification standards for the forensic science disciplines1 which shall be sufficient to-- 7i7 ensure that the ,committees are representative of each forensic science discipline2 and 7ii7 allow the ,committees to function effectively2 7,b7 the scope of responsibility for each ,committee recommended to be established1 which shall ensure that each forensic science discipline is addressed by a ,committee2 7,c7 what the relationship should be between the ,committees and any scientific working group1 scientific area committee1 guidance group1 or technical working group that has a similar scope of responsibility2 and 7,d7 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 discipline4 7#b7 ,establishment ,after the ,director receives the recommendations of the ,board under paragraph 7#a71 the ,director1 in consultation with the ,director of ,,nist shall-- 7,a7 consider how to adapt and incorporate any scientific working group1 scientific area committee1 guidance group1 or technical working group operating under the ,department of ,justice or ,,nist into a ,committee2 7,b7 in accordance with section #aja7;f77#c71 establish-- 7i7 ,committees to examine research needs1 standards1 best practices1 and certification standards for the forensic science disciplines1 which shall be not fewer than #a2 and 7ii7 a clear scope of responsibility for each ,committee2 and 7,c7 publish a list of the ,committees and the scope of responsibility for each ,committee on the ,web site for the ,office4 7#c7 ,annual evaluation ,the ,board1 on an annual basis1 shall-- 7,a7 evaluate whether-- 7i7 any new ,committees should be established2 7ii7 the scope of responsibility for any ,committee should be modified2 and 7iii7 any ,committee should be discontinued2 and 7,b7 submit any recommendations relating to the evaluation conducted under subparagraph 7,a7 to the ,director4 7#d7 ,updates ,upon receipt of any recommendations from the ,board under paragraph 7#c71 the ,director shall1 in accordance with section #aja7;f77#c71 determine whether to establish1 modify the scope of1 or discontinue any ,committee4 7#e7 ,transfer and consolidation of scientific and technical working groups ,not later than #cj days after the date on which the first meeting of a ,committee occurs1 the ,attorney ,general or the ,director of ,,nist1 as the case may be1 shall transfer to the ,office1 control1 supervision1 and any unobligated balances available for the operation of any scientific working group1 scientific area committee1 guidance group1 or technical working group that has a similar scope or responsibility to the ,committee4 7b7 ,membership 7#a7 ,in general ,each ,committee shall-- 7,a7 consist of not more than #ba members-- 7i7 each of whom shall be a scientist with knowledge relevant to a forensic science discipline addressed by the ,committee2 7ii7 not less than #ej percent of whom shall have extensive experience and background in scientific research2 and 7iii7 not less than #ej 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 sciences2 and 7,b7 have a membership that represents a variety of scientific disciplines1 including the forensic sciences4 7#b7 ,definition ,in this subsection1 the term scientist includes-- 7,a7 a statistician with a scientific background2 and 7,b7 a board certified physician or forensic pathologist with expertise in forensic sciences4 7c7 ,appointment 7#a7 ,in general ,the ,director of ,,nist1 in close coordination with the ,board and the ,director and pursuant to the ,memorandum of ,understanding required under section #aja7;d71 shall appoint the members of each ,committee4 7#b7 ,consideration ,in appointing members to a ,committee under paragraph 7#a71 the ,director of ,,nist shall consider-- 7,a7 the importance of analysis from scientists with academic research backgrounds in both basic and applied sciences2 and 7,b7 the importance of input from experienced and actively practicing forensic practitioners1 including individuals who participated in scientific working groups1 scientific area committees1 guidance groups1 or technical working groups4 7#c7 ,vacancies ,in the event of a vacancy1 the ,director of ,,nist1 in consultation with the ,board and the ,director1 may appoint a member to fill the remainder of the term4 7#d7 ,holdovers ,if a successor has not been appointed at the conclusion of the term of a member of the ,committee1 the member of the ,committee may continue to serve until-- 7,a7 a successor is appointed2 or 7,b7 the member of the ,committee is reappointed4 7d7 ,terms ,a member of a ,committee shall serve for renewable terms of #d years4 7e7 ,support and ,oversight 7#a7 ,in general ,pursuant to the ,memorandum of ,understanding required under section #aja7;d71 the ,director of ,,nist1 in consultation with the ,director1 shall provide support and staff for each ,committee as needed4 7#b7 ,duties and oversight ,the ,director of ,,nist1 in consultation with the ,director1 shall-- 7,a7 perform periodic oversight of each ,committee2 and 7,b7 report any concerns about the performance or functioning of a ,committee to the ,board and the ,director4 7#c7 ,failure to comply ,if a ,committee fails to produce recommendations within the time periods required under this ,act1 the ,director of ,,nist1 in consultation with the ,director1 shall work with the ,committee to assist the ,committee in producing the required recommendations in a timely manner4 7f7 ,duties 7#a7 ,in general ,a ,committee shall have the duties and responsibilities set out in this ,act1 and shall perform any other functions determined appropriate by the ,board4 7#b7 ,committee decisions and recommendations 7,a7 ,in general ,a ,committee shall submit recommendations and all recommended standards1 protocols1 or other materials developed by the ,committee to the ,board for evaluation4 7,b7 ,prohibition of modification of decisions and recommendations ,any recommendations of a ,committee and any recommended standards1 protocols1 or other materials developed by a ,committee may be approved or disapproved by the ,board1 but may not be modified by the ,board4 7,c7 ,approval of decisions and recommendations ,if the ,board approves a recommendation or recommended standard1 protocol1 or other material submitted by a ,committee under subparagraph 7,a71 the ,board shall submit the recommendation or recommended standard1 protocol1 or other material as a recommendation of the ,board1 to the ,director for consideration in accordance with section #aja7;f77#c74 7,d7 ,disapproval of decisions and recommendations ,if the ,board disapproves of any recommendation of a ,committee or recommended standard1 protocol1 or other material developed by a ,committee-- 7i7 the ,board shall provide in writing the reason for the disapproval of the recommendation or recommended standard1 protocol1 or other material2 7ii7 the ,committee shall withdraw the recommendation or recommended standard1 protocol1 or other material2 and 7iii7 the ,committee may submit a revised recommendation or recommended standard1 protocol1 or other material4 7g7 ,meetings 7#a7 ,in general ,a ,committee shall hold not fewer than #d meetings of the full ,committee each year4 7#b7 ,requirements 7,a7 ,notice ,a ,committee shall provide public notice of any meeting of the ,committee a reasonable period in advance of the meeting4 7,b7 ,open meetings ,a meeting of a ,committee shall be open to the public4 7,c7 ,quorum ,a majority of members of a ,committee shall be present for a quorum to conduct business4 7h7 ,votes 7#a7 ,in general ,decisions of a ,committee shall be made by an affirmative vote of not less than #b_/c of the members of the ,committee voting4 7#b7 ,voting procedures 7,a7 ,recorded ,all votes taken by a ,committee shall be recorded4 7,b7 ,remote and proxy voting ,if necessary1 a member of a ,committee may cast a vote-- 7i7 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 ,committee2 and 7ii7 over the phone or by proxy if the vote is scheduled to take place during a full meeting of the ,committee4 7i7 ,applicability of the ,federal advisory committee ,act 7#a7 ,in general ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to a ,committee4 7#b7 ,compensation of members ,members of a ,committee shall serve without compensation for services performed for the ,committee4 7#c7 ,travel expenses ,the members of a ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,committee4 #ajd4 ,authorization of appropriations ,there are authorized to be appropriated1 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 group1 scientific area committee1 guidance group1 or technical working group transferred under section #ajc7;a77#e71 and including any unobligated funds appropriated to strengthen and enhance the practice of forensic sciences under any other provision of law1 #h1jjj1jjj for each of fiscal years #bjae through #bjai for the operation and staffing of the ,office1 ,board1 and ,committees4 ,,ii ,accreditation of forensic science laboratories #bja4 ,accreditation of forensic science laboratories 7a7 ,in ,general ,on and after the date established under subsection 7b77#b77;,e71 a forensic science laboratory may not receive1 directly or indirectly1 any ,federal funds1 unless the ,director has verified that the laboratory has been accredited in accordance with the standards and procedures established under this title4 7b7 ,procedures for accreditation 7#a7 ,recommendations ,not later than #c years after the date of enactment of this ,act1 the ,board shall submit to the ,director-- 7,a7 a comprehensive strategy to enable forensic science laboratories to obtain and maintain accreditation2 7,b7 recommended procedures for the accreditation of forensic science laboratories that are consistent with the recommended standards developed by the ,board under section #bjb2 7,c7 recommended procedures for the periodic review and updating of the accreditation status of forensic science laboratories2 7,d7 recommended procedures for the ,director to verify that laboratories have been accredited in accordance with the standards and procedures established under this title1 which shall include procedures to implement1 administer1 and coordinate enforcement of the program for the accreditation of forensic science laboratories2 and 7,e7 a recommendation regarding the dates by which forensic science laboratories should-- 7i7 begin the process of laboratory accreditation2 and 7ii7 obtain verification of laboratory accreditation to be eligible to receive ,federal funds4 7#b7 ,establishment ,after the ,director receives the recommendations of the ,board under paragraph 7#a71 the ,director shall1 in accordance with section #aja7;f77#c71 establish-- 7,a7 procedures to implement a comprehensive strategy to enable forensic science laboratories to obtain and maintain accreditation2 7,b7 procedures for the accreditation of a forensic science laboratory2 7,c7 procedures for the ,director to verify that laboratories have been accredited in accordance with the standards and procedures established under this title2 7,d7 the date by which a forensic science laboratory shall begin the process of accreditation2 and 7,e7 the date by which a forensic science laboratory shall obtain verification of laboratory accreditation to be eligible to receive ,federal funds4 7#c7 ,consideration of appropriations ,in determining1 recommending1 and establishing the dates under paragraphs 7#a7 and 7#b71 the ,board and ,director shall consider whether funding has been appropriated pursuant to section #cje and other relevant ,federal grant programs to sufficiently assist and support laboratories in obtaining accreditation under this ,act4 7c7 ,definition 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,board shall recommend to the ,director a definition of the term forensic science laboratory for purposes of this ,act1 which shall include any laboratory that conducts forensic testing1 analysis1 identification1 or comparisons1 the results of which may be interpreted1 presented1 or otherwise used during the course of a criminal investigation or criminal court proceeding4 7#b7 ,establishment ,after the ,director receives the recommendation of the ,board under paragraph 7#a71 the ,director shall1 in accordance with section #aja7;f77#c71 establish a definition for the term forensic science laboratory4 7d7 ,applicability to ,federal agencies ,on and after the date established by the ,director under subsection 7b77#b77;,e71 a ,federal agency may not use any forensic science laboratory1 including any services1 products1 analysis1 opinions1 or conclusions provided by the forensic science laboratory1 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 ,act4 #bjb4 ,standards for laboratory accreditation 7a7 ,standards 7#a7 ,recommendations ,not later than #ah months after the date of enactment of this ,act1 the ,board shall1 in consultation with qualified professional organizations1 submit to the ,director recommendations regarding standards for the accreditation of forensic science laboratories1 including quality assurance and quality control standards1 to ensure the quality1 integrity1 and accuracy of any testing1 analysis1 identification1 or comparisons performed by a forensic science laboratory for use during the course of a criminal investigation or criminal court proceeding4 7#b7 ,establishment ,after the ,director receives the recommendations of the ,board under paragraph 7#a71 the ,director shall1 in accordance with section #aja7;f77#c71 establish standards for the accreditation of forensic science laboratories4 7#c7 ,requirements ,in recommending or establishing standards under paragraph 7#a7 or 7#b7 the ,board and the ,director shall-- 7,a7 consider-- 7i7 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 ,act2 7ii7 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 standards2 and 7iii7 the incorporation of relevant national or international accreditation standards that were in effect before the date of enactment of this ,act2 and 7,b7 include-- 7i7 educational and training requirements for relevant laboratory personnel2 7ii7 proficiency and competency testing requirements for relevant laboratory personnel2 and 7iii7 maintenance and auditing requirements for accredited forensic science laboratories4 7b7 ,review of ,standards 7#a7 ,in general ,not less frequently than once every #e years-- 7,a7 the ,board shall-- 7i7 review the scope and effectiveness of the accreditation standards established under subsection 7a72 7ii7 submit recommendations to the ,director relating to whether1 and if so1 how to update or supplement the standards as necessary to-- 7,i7 account for developments in relevant scientific research1 technological advances1 and new forensic science disciplines2 7,,ii7 ensure adherence to the standards and best practices established under title ,v2 and 7,,iii7 address any other issue identified during the course of the review conducted under clause 7i72 and 7,b7 the ,director shall1 as necessary and in accordance with section #aja7;f77#c71 update the accreditation standards established under subsection 7a74 7#b7 ,procedures for open and transparent review of standards ,the ,director1 in consultation with the ,board1 shall establish procedures to ensure that the process for developing1 reviewing1 and updating accreditation standards under this section-- 7,a7 is open and transparent to the public2 and 7,b7 includes an opportunity for the public to comment on proposed standards with sufficient prior notice4 #bjc4 ,administration and enforcement of accreditation program 7a7 ,administration and oversight of accreditation program 7#a7 ,in general ,the ,director shall determine whether a forensic science laboratory is eligible to receive1 directly or indirectly1 ,federal funds under section #bja7;a74 7#b7 ,administration 7,a7 ,in general ,the ,director shall1 in consultation with the ,board and as appropriate1 identify #a or more qualified accrediting bodies with significant expertise relevant to the accreditation of forensic science laboratories1 the accreditation of a forensic science laboratory by which shall constitute accreditation for purposes of section #bja7;a74 7,b7 ,oversight ,the ,director shall periodically-- 7i7 reevaluate whether accreditation by a qualified accrediting body identified under subparagraph 7,a7 is adequate to ensure compliance with the standards and procedures established under this title2 and 7ii7 recommend updates to the standards and procedures used by #a or more qualified accrediting bodies1 as necessary4 7,c7 ,reporting ,the ,director shall provide to the ,board1 and publish on the ,web site of the ,office1 regular reports regarding-- 7i7 the accreditation of forensic science laboratories by qualified accrediting bodies identified under subparagraph 7,a72 and 7ii7 reevaluations of accreditation by qualified accrediting bodies under subparagraph 7,b74 7b7 ,review of eligibility ,not less frequently than once every #e years1 the ,director shall evaluate whether a forensic science laboratory that has been determined to be eligible to receive ,federal funds under section #bja7;a7 remains eligible to receive ,federal funds1 including whether any accreditation of the forensic science laboratory by a qualified accrediting body identified under subparagraph 7,a7 is still in effect4 7c7 ,web site ,the ,director shall develop and maintain on the ,web site of the ,office an updated list of-- 7#a7 the forensic science laboratories that are eligible for ,federal funds under section #bja7;a72 7#b7 the forensic science laboratories that have been determined to be ineligible to receive ,federal funds under section #bja7;a72 and 7#c7 the forensic science laboratories that are awaiting a determination regarding eligibility to receive ,federal funds under section #bja7;a74 ,,iii ,certification of forensic science personnel #cja4 ,definitions 7a7 ,covered entity ,in this title1 the term covered entity means an entity that-- 7#a7 is not a forensic science laboratory2 and 7#b7 conducts forensic testing1 analysis1 investigation1 identification1 or comparisons1 the results of which may be interpreted1 presented1 or otherwise used during the course of a criminal investigation or criminal court proceeding4 7b7 ,relevant personnel 7#a7 ,recommendation ,not later than #ah months after the date of enactment of this ,act1 the ,board shall submit to the ,director a recommended definition of the term relevant personnel1 which shall include all individuals who-- 7,a7 conduct forensic testing1 analysis1 investigation1 identification1 or comparisons1 the results of which may be interpreted1 presented1 or otherwise used during the course of a criminal investigation or criminal court proceeding2 or 7,b7 testify about evidence prepared by an individual described in subparagraph 7,a74 7#b7 ,definition ,after the ,director receives the recommendation of the ,board under paragraph 7#a71 the ,director shall1 in accordance with section #aja7;f77#c71 define the term relevant personnel for purposes of this title4 #cjb4 ,certification of forensic science personnel ,except as provided in section #cjd7;c77#b71 on and after the date established under section #cjd7;c77#a71 a forensic science laboratory or covered entity may not receive1 directly or indirectly1 any ,federal funds1 unless all relevant personnel of the forensic science laboratory or covered entity are certified under this title4 #cjc4 ,standards for certification 7a7 ,recommended ,standards 7#a7 ,in general ,not later than #b years after the date on which all members of a ,committee have been appointed1 the ,committee shall make recommendations to the ,board relating to standards for the certification of relevant personnel in each forensic science discipline addressed by the ,committee4 7#b7 ,requirements ,in developing recommended standards under paragraph 7#a71 a ,committee shall-- 7,a7 consult with qualified professional organizations1 including qualified professional organizations that accredit forensic science certification programs2 7,b7 consider relevant certification standards and best practices developed by qualified professional or scientific organizations2 7,c7 consider whether successful completion of a certification program accredited by a qualified professional organization would be sufficient to meet the certification requirements for relevant personnel under this ,act2 7,d7 consider whether and under what circumstances internal certification programs by accredited laboratories would be sufficient to meet the certification requirements for relevant personnel under this ,act2 7,e7 consider any standards or best practices established under title ,v2 and 7,f7 consider-- 7i7 whether certain minimum standards should be established for the education and training of relevant personnel2 7ii7 whether there should be an alternative process to enable relevant personnel who were hired before the date established under section #cjd7;c77#a71 to obtain certifications1 including-- 7,i7 testing that demonstrates proficiency in a specific forensic science discipline that is equal to or greater than the level of proficiency required by the standards for certification2 and 7,,ii7 a waiver of certain educational and training requirements2 7iii7 whether and under what conditions relevant personnel should be allowed to perform an activity described in subparagraph 7,a7 or 7,b7 of section #cja7;b77#a7 for a forensic science laboratory or covered entity while the individual obtains the training and education required for certification under the standards developed under this title2 and 7iv7 whether certification by recognized and relevant medical boards1 or other recognized and relevant ,state professional boards1 should be sufficient for relevant personnel to meet the standards developed under this title4 7b7 ,approval or denial of recommendations ,the ,board shall approve or deny any recommendation submitted by a ,committee under subsection 7a7 in accordance with section #ajc7;f77#b74 7c7 ,establishment of standards ,after the ,director receives recommendations from the ,board under subsection 7b71 the ,director shall1 in accordance with section #aja7;f77#c71 establish standards for the certification of relevant personnel4 7d7 ,review of standards 7#a7 ,in general ,not less frequently than once every #e years1 a ,committee shall-- 7,a7 review the standards for certification established under subsection 7c7 for each forensic science discipline within the responsibility of the ,committee2 and 7,b7 submit to the ,board recommendations regarding updates1 if any1 to the standards for certification as necessary-- 7i7 to account for developments in relevant scientific research1 technological advances1 or changes in the law2 and 7ii7 to ensure adherence to the standards and best practices established under title ,v4 7#b7 ,board review ,not later than #ahj days after the date on which a ,committee submits recommendations under paragraph 7#a77;,b71 the ,board shall1 in accordance with section #ajc7;f77#b7-- 7,a7 consider the recommendations2 and 7,b7 submit to the ,director recommendations of standards and best practices for each forensic science discipline4 7#c7 ,updates ,after the ,director receives recommendations from the ,board under paragraph 7#b71 the ,director shall1 in accordance with section #aja7;f77#c71 update the standards for certification of relevant personnel4 7e7 ,public comment ,the ,director1 in consultation with the ,board1 shall establish procedures to ensure that the process for establishing1 reviewing1 and updating standards for certification of relevant personnel under this section-- 7#a7 is open and transparent to the public2 and 7#b7 includes an opportunity for the public to comment on proposed standards with sufficient prior notice4 #cjd4 ,administration and review of certification program 7a7 ,in general 7#a7 ,determination ,the ,director shall determine whether a forensic science laboratory or covered entity is eligible to receive1 directly or indirectly1 ,federal funds under section #cjb4 7#b7 ,procedures ,not later than #a year after the date of enactment of this ,act1 the ,director shall establish policies and procedures to implement1 administer1 and coordinate enforcement of the certification requirements established under this title1 including requiring the periodic recertification of relevant personnel4 7b7 ,administration 7#a7 ,in general ,after consultation with the ,board1 the ,director may identify #a or more qualified professional organizations with significant expertise relevant to the certification of individuals in a particular forensic science discipline1 the certification of an individual by which shall constitute certification for purposes of section #cjb4 7#b7 ,oversight ,the ,director shall periodically reevaluate whether certification by a qualified professional organization identified under paragraph 7#a7 is adequate to ensure compliance with the standards established under this title4 7#c7 ,reporting ,the ,director shall provide regular reports to the ,board regarding the certification of relevant personnel by qualified professional organizations identified under paragraph 7#a7 and reevaluations of certification by qualified professional organizations under paragraph 7#b71 which shall be published on the ,web site of the ,office4 7c7 ,implementation of certification requirements 7#a7 ,in general ,after consultation with the ,board1 the ,director shall establish the date by which forensic science laboratories and covered entities shall be in compliance with the certification requirements of this title4 7#b7 ,gradual implementation ,the ,director shall1 in consultation with the ,board and the relevant ,committee1 establish policies and procedures to enable the gradual implementation of the certification requirements that-- 7,a7 include a reasonable schedule to allow relevant personnel to obtain certifications2 7,b7 allow for partial compliance with the requirements of section #cjb for a reasonable period of time after the date established under paragraph 7#a72 and 7,c7 allow for consideration of whether funding has been appropriated pursuant to section #cje and other relevant ,federal grant programs to sufficiently assist and support forensic science laboratories and covered entities in complying with the certification requirements of this title4 7d7 ,review of certification requirements ,the ,director shall establish policies and procedures for the periodic review of the implementation1 administration1 and enforcement of the certification requirements established under this title4 #cje4 ,support and technical assistance for ,state and local laboratories 7a7 ,implementation plan ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,national ,institute of ,justice1 in consultation with the ,director1 shall develop a plan for assisting and supporting forensic science laboratories and covered entities in obtaining accreditation under title ,,ii and certifications for relevant personnel under this title4 7b7 ,authorization for use of ,coverdell and ,byrne ,,jag grants ,the ,attorney ,general1 in consultation with the ,director and the ,director of the ,national ,institute of ,justice1 and consistent with the implementation plan developed under subsection 7a71 may make grants under part ,,bb of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;j et seq47 and subpart #a of part ,e of such ,act 7#db ,u4,s4,c4 #cgej et seq471 and provide technical assistance to forensic science laboratories and covered entities1 to ensure that forensic science laboratories and covered entities are able to-- 7#a7 obtain accreditation under title ,,ii2 7#b7 obtain certifications for relevant personnel under this title2 and 7#c7 effectively fulfill their responsibilities during the process of obtaining accreditation under title ,,ii and certifications for relevant personnel under this title4 7c7 ,technical and conforming amendments 7#a7 ,paul ,coverdell ,forensic ,sciences ,improvement ,grants ,program ,section #bhjd7;a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgigm7a77 is amended by adding at the end the following3 7#d7 ,to assist forensic science laboratories and covered entities1 as those terms are defined in sections #b and #cja1 respectively1 of the ,criminal ,justice and ,forensic ,science ,reform ,act1 in obtaining accreditation under title ,,ii of such ,act and certifications for relevant personnel under title ,,iii of such ,act1 in accordance with section #cje of such ,act4 4 7#b7 ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program ,section #eja7;a77#a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgea7;a77#a77 is amended by adding at the end the following3 7,h7 ,assistance to forensic science laboratories and covered entities1 as those terms are defined in sections #b and #cja1 respectively1 of the ,criminal ,justice and ,forensic ,science ,reform ,act1 in obtaining accreditation under title ,,ii of such ,act and certifications for relevant personnel under title ,,iii of such ,act1 in accordance with section #cje of such ,act4 4 ,,iv ,research #dja4 ,research strategy and priorities 7a7 ,comprehensive research strategy and agenda 7#a7 ,recommendation ,not later than #ah months after the date of enactment of this ,act1 the ,board shall recommend to the ,director a comprehensive strategy for fostering and improving peer-reviewed scientific research relating to the forensic science disciplines1 including research addressing issues of validity1 reliability1 and accuracy in the forensic science disciplines4 7#b7 ,establishment ,after the ,director receives recommendations from the ,board under paragraph 7#a71 the ,director shall1 in accordance with section #aja7;f77#c71 establish a comprehensive strategy for fostering and improving peer-reviewed scientific research relating to the forensic science disciplines4 7#c7 ,review 7,a7 ,board review ,not less frequently than once every #e years1 the ,board shall-- 7i7 review the comprehensive strategy established under paragraph 7#b72 and 7ii7 recommend any necessary updates to the comprehensive strategy4 7,b7 ,updates ,after the ,director receives recommendations from the ,board under subparagraph 7,a71 the ,director shall1 in accordance with section #aja7;f77#c71 update the comprehensive strategy as necessary and appropriate4 7b7 ,research funding priorities 7#a7 ,recommendation ,not later than #ah months after the date of enactment of this ,act1 the ,board shall recommend to the ,director a list of priorities for forensic science research funding4 7#b7 ,establishment ,after the ,director receives the list from the ,board under paragraph 7#a71 the ,director shall1 in accordance with section #aja7;f77#c71 establish a list of priorities for forensic science research funding4 7#c7 ,review ,not less frequently than once every #b years1 the ,board shall-- 7,a7 review-- 7i7 the list of priorities established under paragraph 7#b72 and 7ii7 the findings of the relevant ,committees made under subsection 7c72 and 7,b7 recommend any necessary updates to the list of priorities1 incorporating1 as appropriate1 the findings of the ,committees under subsection 7c74 7#d7 ,updates ,after the ,director receives the recommendations under paragraph 7#c71 the ,director shall1 in accordance with section #aja7;f77#c71 update as necessary the list of research funding priorities4 7c7 ,evaluation of research needs ,not later than #b years after the date on which all members of a ,committee have been appointed under section #ajc1 and periodically thereafter1 the ,committee shall-- 7#a7 examine and evaluate the scientific research in each forensic science discipline within the responsibility of the ,committee2 7#b7 conduct comprehensive surveys of scientific research relating to each forensic science discipline within the responsibility of the ,committee2 7#c7 examine the research needs in each forensic science discipline within the responsibility of the ,committee and identify key areas in which further scientific research is needed2 and 7#d7 develop and submit to the ,board a list of research needs and priorities4 7d7 ,consideration ,in developing the initial research strategy1 research priorities1 and surveys required under this section1 the ,board and the ,director shall consider any findings1 surveys1 and analyses relating to research in forensic science disciplines1 including those made by the ,subcommittee on ,forensic ,science of the ,national ,science and ,technology ,council4 #djb4 ,research grants 7a7 ,competitive grants 7#a7 ,definition ,in this subsection1 the term eligible entity means-- 7,a7 a nonprofit academic or research institution2 7,b7 an accredited forensic science laboratory2 and 7,c7 any other entity designated by the ,director of ,,nist4 7#b7 ,peer-review research grants 7,a7 ,in general ,pursuant to the ,memorandum of ,understanding required under section #aja7;d71 the ,director of ,,nist may1 on a competitive basis and using funds appropriated to ,,nist for forensic science purposes1 make grants to eligible entities to conduct peer-reviewed scientific research4 7,b7 ,consideration ,in making grants under this paragraph1 the ,director of ,,nist shall-- 7i7 ensure that the grants are made for peer-reviewed scientific research in areas that are consistent with the research priorities established by the ,director under section #dja7;b72 7ii7 take into consideration the research needs identified by the ,committees under section #dja7;c72 7iii7 if made before the identification of research priorities under section #dja7;b7 and research needs under section #dja7;c71 consider any findings1 surveys1 and analyses relating to research in forensic science disciplines1 including those made by the ,subcommittee on ,forensic ,science of the ,national ,science and ,technology ,council2 and 7iv7 encourage and1 if appropriate1 provide incentives for partnerships between nonprofit academic or research institutions and accredited forensic science laboratories4 7#c7 ,development of new technologies ,pursuant to the ,memorandum of ,understanding required under section #aja7;d71 the ,director of ,,nist may1 on a competitive basis1 make grants to eligible entities to conduct peer-reviewed scientific research to develop new technologies and processes to increase the efficiency1 effectiveness1 and accuracy of forensic testing procedures4 7#d7 ,coordination with director ,in making grants under this subsection1 the ,director of ,,nist shall coordinate with the ,director to ensure implementation of the plan established under section #djd4 7#e7 ,coordination with the national science foundation ,the ,director of ,,nist shall consult and coordinate with the ,national ,science ,foundation to ensure-- 7,a7 the integrity of the process for reviewing funding proposals and awarding grants under this subsection2 and 7,b7 that the grant-making process is not subject to any undue bias or influence4 7b7 ,report 7#a7 ,in general 7,a7 ,submission ,the ,director of ,,nist shall1 on an annual basis1 submit to the ,board and the ,director a report that describes-- 7i7 the application process for grants under this section2 7ii7 each grant made under this section in the fiscal year before the report is submitted2 and 7iii7 as appropriate1 the status and results of grants previously described in a report submitted under this subsection4 7,b7 ,publication ,the ,director shall publish the report submitted under subparagraph 7,a7 on the ,web site of the ,office4 7#b7 ,evaluation ,the ,board and the ,director shall evaluate each report submitted under paragraph 7#a7 and consider the information provided in each report in reviewing the research strategy and priorities established under section #dja4 #djc4 ,oversight and review 7a7 ,report ,not later than #c years after the date on which the first grant is awarded under paragraph 7#b7 or 7#c7 of section #djb7;a71 and not later than #b years after the date on which the first report under section #djb7;b7 is submitted1 the ,inspector ,general of the ,department of ,justice1 in coordination with the ,inspector ,general of the ,department of ,commerce1 shall submit to ,congress a report on the administration and effectiveness of the grant programs described in section #djb7;a74 7b7 ,requirements ,the report required under subsection 7a7 shall evaluate-- 7#a7 whether any undue biases or influences affected the integrity of the solicitation1 award1 or administration of research grants2 and 7#b7 whether there was any unnecessary duplication1 waste1 fraud1 or abuse in the grant-making process4 #djd4 ,public-private collaboration 7a7 ,recommendation ,not later than #b years after the date of enactment of this ,act1 the ,board shall submit to the ,director a recommended plan for encouraging collaboration among universities1 nonprofit research institutions1 ,state and local forensic science laboratories1 private forensic science laboratories1 private corporations1 and the ,federal ,government to develop and perform cost-effective and reliable research in the forensic sciences1 consistent with the research priorities established under section #dja7;b77#b74 7b7 ,requirements ,the plan recommended under subsection 7a7 shall include-- 7#a7 incentives for nongovernmental entities to invest significant resources into conducting necessary research in the forensic sciences2 7#b7 procedures for ensuring the research described in paragraph 7#a7 will be conducted with sufficient scientific rigor that the research can be relied upon by-- 7,a7 the ,committees in developing standards under this ,act2 and 7,b7 forensic science personnel2 and 7#c7 clearly defined requirements for disclosure of the sources of funding by nongovernmental entities for forensic science research conducted in collaboration with governmental entities and safeguards to prevent conflicts of interest or undue bias or influence4 7c7 ,establishment and implementation ,after receiving the recommended plan of the ,board under subsection 7a71 the ,director shall establish1 in accordance with section #aja7;f77#c71 and implement a plan for encouraging collaboration among universities1 nonprofit research institutions1 ,state and local forensic science laboratories1 private forensic science laboratories1 private corporations1 and the ,federal ,government to develop and perform cost-effective and reliable research in the forensic sciences1 consistent with the research priorities established under section #dja7;b77#b74 7d7 ,oversight ,the ,director1 in consultation with the ,board1 shall periodically evaluate and1 as necessary1 update the plan established under subsection 7c74 ,v ,standards and best practices #eja4 ,development of standards and best practices 7a7 ,committee recommendations 7#a7 ,in general ,not later than #b years after the date on which all members of a ,committee have been appointed under section #ajc1 the ,committee shall develop and recommend to the ,board standards and best practices for each forensic science discipline addressed by the ,committee1 including-- 7,a7 validated protocols2 7,b7 quality assurance standards2 and 7,c7 standards to be applied in reporting1 including reports of identifications1 analyses1 or comparisons of forensic evidence that may be used during a criminal investigation or criminal court proceeding4 7#b7 ,requirements ,in developing the standards and best practices under paragraph 7#a71 a ,committee shall-- 7,a7 as appropriate1 consult with qualified professional organizations2 7,b7 consider existing validated protocols and best practices2 7,c7 develop standards and best practices that are designed to ensure the quality and scientific integrity of data1 results1 conclusions1 analyses1 and reports that are generated for use in the criminal justice system2 and 7,d7 develop standards and best practices that afford laboratories appropriate operational flexibility1 including appropriate flexibility as to specific instruments1 equipment1 and methods4 7b7 ,board recommendations ,not later than #ahj days after the date on which a ,committee submits recommended standards and best practices under subsection 7a71 the ,board shall1 in accordance with section #ajc7;f77#b7-- 7#a7 consider the recommendations2 and 7#b7 submit to the ,director recommendations of standards and best practices4 #ejb4 ,establishment and dissemination of standards and best practices 7a7 ,in ,general ,after the ,board submits standards or best practices for a forensic science discipline under section #eja7;b71 the ,director shall1 in accordance with section #aja7;f77#c71 establish and disseminate standards and best practices for the forensic science discipline4 7b7 ,publication ,the ,director shall publish the standards and best practices established under subsection 7a7 on the ,web site of the ,office4 #ejc4 ,review and oversight 7a7 ,review by committees 7#a7 ,in general ,not less frequently than once every #c years1 each ,committee shall review and1 as necessary1 recommend to the ,board updates to the standards and best practices established under section #ejb for each forensic science discipline within the responsibility of the ,committee4 7#b7 ,considerations ,in reviewing1 and developing recommended updates to1 the standards and best practices under paragraph 7#a71 a ,committee shall consider-- 7,a7 input from qualified professional organizations2 7,b7 research published after the date on which the standards and best practices were established1 including research conducted under title ,,iv2 and 7,c7 any changes to relevant law made after the date on which the standards and best practices were established4 7b7 ,board recommendations ,not later than #ahj days after the date on which a ,committee submits recommended updates to the standards and best practices under subsection 7a71 the ,board shall1 in accordance with section #ajc7;f77#b7-- 7#a7 consider the recommendations2 and 7#b7 recommend to the ,director any updates1 as necessary1 to the standards and best practices established under section #ejb4 7c7 ,updates ,after the ,director receives recommended updates1 if any1 under subsection 7b71 the ,director shall1 in accordance with section #aja7;f77#c71 update and disseminate the standards and best practices for each forensic science discipline as necessary4 7d7 ,procedures ,the ,director1 in consultation with the ,board1 shall establish procedures to ensure that the process for developing1 reviewing1 and updating the standards and best practices-- 7#a7 is open and transparent to the public2 and 7#b7 includes an opportunity for the public to comment on proposed standards with sufficient prior notice4 ,,vi ,additional responsibilities of the office of forensic science and the forensic science board #fja4 ,forensic science training and education for judges1 attorneys1 and law enforcement personnel 7a7 ,in general 7#a7 ,recommendation ,not later than #b years after the date of enactment of this ,act1 the ,board shall submit to the ,director a recommended plan for-- 7,a7 supporting the education and training of judges1 attorneys1 and law enforcement personnel in the forensic sciences and fundamental scientific principles1 which shall include education on the competent use and evaluation of forensic science evidence2 and 7,b7 developing a standardized curriculum for education and training described in subparagraph 7,a74 7#b7 ,establishment ,upon receipt of the recommendation from the ,board under paragraph 7#a71 the ,director shall establish1 in accordance with section #aja7;f77#c71 and implement a plan for-- 7,a7 supporting the education and training of judges1 attorneys1 and law enforcement personnel in the forensic sciences and fundamental scientific principles1 which shall include education on the competent use and evaluation of forensic science evidence2 and 7,b7 developing a standardized curriculum for education and training described in subparagraph 7,a74 7#c7 ,oversight ,the ,director1 in consultation with the ,board1 shall periodically evaluate and1 as necessary1 update the plan established under paragraph 7#b74 7b7 ,technical assistance1 training1 and education 7#a7 ,in general ,the ,director of the ,national ,institute of ,justice may1 in consultation with the ,director-- 7,a7 provide technical assistance directly or indirectly to judges1 attorneys1 and law enforcement personnel in the forensic sciences and fundamental scientific principles1 including the competent use and evaluation of forensic science evidence2 and 7,b7 make grants to ,states and units of local government and nonprofit organizations or institutions to provide training to judges1 attorneys1 and law enforcement personnel about the forensic sciences and fundamental scientific principles1 including the competent use and evaluation of forensic science evidence4 7#b7 ,requirement ,on and after the date on which the ,director establishes the plan for supporting the education and training of judges1 attorneys1 and law enforcement personnel in the forensic sciences and fundamental scientific principles under subsection 7a77#b71 the ,director of the ,national ,institute of ,justice shall administer the grant program described in paragraph 7#a7 in accordance with the plan4 #fjb4 ,educational programs in the forensic sciences 7a7 ,recommendations ,not later than #c years after the date of enactment of this ,act1 the ,board shall submit to the ,director-- 7#a7 a recommended plan for supporting the development of undergraduate and graduate educational programs in the forensic science disciplines and related fields2 and 7#b7 recommendations as to whether the development of standards or requirements for educational programs in the forensic science disciplines and related fields is appropriate4 7b7 ,establishment and implementation ,upon receipt of the recommendation from the ,board under subsection 7a71 the ,director shall establish1 in accordance with section #aja7;f77#c71 and implement-- 7#a7 a plan for supporting the development of undergraduate and graduate educational programs in the forensic science disciplines and related fields2 and 7#b7 any standards or requirements for education programs in the forensic science disciplines and related fields determined by the ,director to be appropriate4 7c7 ,existing qualified professional organizations ,in recommending1 establishing1 and implementing the plan and standards described in subsections 7a7 and 7b71 the ,board and the ,director shall consider the role of qualified professional organizations that accredit forensic science education programs1 and any standards developed by such qualified professional organizations4 7d7 ,oversight ,the ,director1 in consultation with the ,board1 shall-- 7#a7 oversee the implementation of any standards or requirements established under subsection 7b72 and 7#b7 periodically evaluate and1 as necessary1 update the plan1 standards1 or requirements established under subsection 7b74 #fjc4 ,medicolegal death investigation 7a7 ,recommendations ,not later than #b years after the date of enactment of this ,act1 the ,board shall submit to the ,director-- 7#a7 a recommended plan to encourage the ,federal ,government and ,state and local governments to implement systems to ensure that qualified individuals perform medicolegal death investigations and to encourage qualified individuals to enter the field of medicolegal death investigation2 and 7#b7 recommendations on whether and how the requirements1 standards and regulations established under this ,act should apply to individuals who perform medicolegal death investigations4 7b7 ,establishment and implementation ,upon receipt of the recommendations from the ,board under subsection 7a71 the ,director shall establish1 in accordance with section #aja7;f77#c71 and implement-- 7#a7 a plan to encourage the ,federal ,government and ,state and local governments to implement systems to ensure that qualified individuals perform medicolegal death investigations and to encourage qualified individuals to enter the field of medicolegal death investigation2 and 7#b7 any specific or additional standards or requirements for individuals who perform medicolegal death investigations determined by the ,director to be appropriate4 7c7 ,oversight ,the ,director1 in consultation with the ,board1 shall-- 7#a7 oversee the implementation of any standards or requirements established under subsection 7b77#b72 and 7#b7 periodically evaluate and1 as necessary1 update the plan1 standards1 and requirements established under subsection 7b74 #fjd4 ,intergovernmental coordination ,the ,board and the ,director shall regularly-- 7#a7 coordinate with relevant ,federal agencies1 including ,,nist1 the ,national ,science ,foundation1 the ,department of ,defense1 the ,centers for ,disease ,control and ,prevention1 and the ,national ,institutes of ,health1 as appropriate1 to make efficient and appropriate use of research expertise and funding2 7#b7 coordinate with the ,department of ,homeland ,security and other relevant ,federal agencies to determine ways in which the forensic science disciplines may assist in homeland security and emergency preparedness2 and 7#c7 coordinate with the ,united ,states intelligence community to make efficient and appropriate use of research and new technologies suitable for forensic science4 #fje4 ,anonymous reporting ,not later than #c years after the date of enactment of this ,act1 the ,director shall develop a system for any individual to provide information relating to compliance1 or lack of compliance1 with the requirements1 standards1 and regulations established under this ,act1 which may include a hotline or ,web site that has appropriate guarantees of anonymity and confidentiality and protections for whistleblowers4 #fjf4 ,interoperability of databases and technologies 7a7 ,recommendations ,not later than #c years after the date of enactment of this ,act1 the ,board shall submit to the ,director a recommended plan to require interoperability among databases and technologies in each of the forensic science disciplines among all levels of government1 in all ,states1 and where permitted by law1 with the private sector4 7b7 ,establishment and implementation ,upon receipt of the recommendation from the ,board under subsection 7a71 the ,director shall establish1 in accordance with section #aja7;f77#c71 and implement a plan to encourage interoperability among databases and technologies in each of the forensic science disciplines among all levels of government1 in all ,states1 and where permitted by law1 with the private sector4 7c7 ,oversight ,the ,director1 in consultation with the ,board1 shall evaluate and1 as necessary1 update the plan established under subsection 7b74 #fjg4 ,code of ethics 7a7 ,recommendations 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,board shall submit to the ,director a recommended code of ethics for the forensic science disciplines4 7#b7 ,requirements ,in developing a recommended code of ethics under paragraph 7#a71 the ,board shall-- 7,a7 consult with relevant qualified professional organizations2 and 7,b7 consider any recommendations relating to a code of ethics or code of professional responsibility developed by the ,subcommittee on ,forensic ,science of the ,national ,science and ,technology ,council4 7b7 ,establishment and incorporation ,upon receipt of the recommendation from the ,board under subsection 7a71 the ,director shall-- 7#a7 in accordance with section #aja7;f77#c71 establish a code of ethics for the forensic science disciplines2 and 7#b7 as appropriate1 incorporate the code of ethics into the standards for accreditation of forensic science laboratories and certification of relevant personnel established under this ,act4 7c7 ,oversight ,the ,director1 in consultation with the ,board1 shall periodically evaluate and1 as necessary1 update the code of ethics established under subsection 7b74 #fjh4 ,needs assessment 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,director shall conduct a needs assessment of ,state and local forensic service providers1 including law enforcement agencies and medicolegal death examiners1 in order to evaluate the capacity and resource needs of those providers4 ,such a needs assessment shall address the technology1 equipment1 personnel1 recruitment1 training1 education1 and research needs of those ,state and local forensic service providers4 7b7 ,development of national strategy ,not later than #b years after the date of enactment of this ,act1 the ,director shall develop a national strategy for developing the capacity and resources of ,state and local forensic science providers and for addressing the needs identified in the assessment conducted pursuant to subsection 7a74 7c7 ,update of assessment and national strategy ,not less frequently than once every #e years1 the ,director shall update the assessment conducted under subsection 7a7 and the national strategy developed under subsection 7b74