Sec. 101. Office of Forensic Science
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/bill/113/s/2177/is/section-101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established an Office of Forensic Science within the Office of the Deputy Attorney General in the Department of Justice. The Office shall include— a Director, who shall have a background in science and be appointed by the Attorney General; and such other officers and staff as the Deputy Attorney General and the Director determine appropriate. The Director shall have primary responsibility for establishing and implementing national policy regarding forensic science as used in the criminal justice system. Not later than 90 days after the date of enactment of this Act, the initial appointment and hiring under paragraph
(1)shall be completed. In the event of a vacancy in the position of Director— the Attorney General shall designate an acting Director; and during any period of vacancy before designation of an acting Director, the Deputy Attorney General shall serve as acting Director. 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. The Memorandum of Understanding required under paragraph
(1)shall include— policies and procedures to ensure that, in implementing this Act, the Director and the Director of NIST— incorporate appropriately the priorities and expertise of law enforcement and forensic practitioners; and establish structures designed to guarantee independent and objective scientific determinations; and agreements governing— selection of members of Committees and support by NIST of the Committees in accordance with section 103; administration by NIST of grant programs described in section 402; designation of a liaison at NIST to facilitate communication between the Office and NIST; and any other appropriate collaboration or coordination. The Director of the National Science Foundation, in consultation with the Director, shall designate a liaison at the National Science Foundation to— facilitate communication and collaboration between the Office and the National Science Foundation; and encourage participation by the National Science Foundation in implementing title IV of this Act. The Office shall— 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 evaluate and act upon the recommendations of the Board in accordance with paragraph (3). The Director shall— establish, lead, and oversee implementation of accreditation and certification standards under titles II and III; establish a comprehensive strategy for scientific research in the forensic sciences under title IV; establish standards and best practices for forensic science disciplines under title V; define the term forensic science discipline for the purposes of this Act in accordance with section 102(h); establish and maintain a list of forensic science disciplines in accordance with section 102(h); establish Committees in accordance with section 103; define the term forensic science laboratory for the purposes of this Act in accordance with section 201(c); establish a code of ethics for the forensic science disciplines in accordance with section 607; and 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. Upon receiving a recommendation from the Board, the Director shall— give substantial deference to the recommendation; and not later than 30 days after the date on which the Director receives the recommendation, determine whether to adopt, modify, or reject the recommendation. If the Director determines to substantially modify a recommendation under subparagraph (A), the Director shall immediately notify the Board of the proposed modification. 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. If the Board recommends that a proposed modification should be adopted under clause (ii), the Director may implement the modified recommendation. 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— 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 begin, with regard to the proposed modification, a rulemaking on the record after opportunity for an agency hearing. Not later than 30 days after the date on which the Director determines to reject a recommendation under subparagraph (A), the Director shall— 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 begin, with regard to the recommendation, a rulemaking on the record after opportunity for an agency hearing. The Director shall— establish a Web site that is publicly accessible; and publish and maintain on the Web site— 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 a central repository of current and past forensic science research, which shall be— collected and catalogued in a manner that is easily accessible to the public; and updated no less frequently than once every 2 years.