Sec. 102. Forensic Science Board
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There is established a Forensic Science Board to serve as an advisory board regarding forensic science in order to strengthen and promote confidence in the criminal justice system by promoting standards and best practices and ensuring scientific validity, reliability, and accuracy with respect to forensic testing, analysis, identification, and comparisons, the results of which may be interpreted, presented, or otherwise used during the course of a criminal investigation or criminal court proceeding.
The Board shall be composed of 17 members, who shall— be appointed by the President not later than 180 days after the date of enactment of this Act; and come from professional communities that have expertise relevant to and significant interest in the field of forensic science. In making an appointment under paragraph (1), the President shall— consider the need for the Board to exercise independent and objective scientific judgment; and consider, among other factors, membership on the National Commission on Forensic Science and recommendations from leading scientific organizations and leading professional organizations in the field of forensic science and other relevant fields.
The Board shall include— 11 voting members; 6 nonvoting members; and the ex officio members described in paragraph (7). Of the 11 voting members— each shall have comprehensive scientific backgrounds; not fewer than 6 shall have extensive experience and background in scientific research; not fewer than 6 shall have extensive and current practical experience and background in forensic science; and not less than 1 shall be a board certified forensic pathologist. An individual voting member may meet more than 1 of the requirements described in clauses
(ii)through
(iv)of subparagraph (A). One nonvoting member shall come from each of the following categories: Judges. Prosecutors. State and local law enforcement officials. Criminal defense attorneys. Organizations that represent people who may have been wrongly convicted. State and local laboratory directors. An individual who fulfills the requirements described in paragraph
(4)may serve as a voting member even if that individual also fulfills a requirement described in paragraph (5). The Director, the Deputy Attorney General, and the Directors of NIST and the National Science Foundation, or their designees, shall serve as ex officio members of the Board and shall not participate in voting. The President shall designate a voting member of the Board to serve as Chairperson of the Board for the duration of that member’s term. Each voting and nonvoting member of the Board, excluding ex officio members, shall be appointed for a term of 6 years. Of the members first appointed to the Board— 3 voting members and 2 nonvoting members shall serve a term of 2 years; 4 voting members and 2 nonvoting members shall serve a term of 4 years; and 4 voting members and 2 nonvoting members shall serve a term of 6 years. A voting or nonvoting member of the Board may be appointed for not more than a total of 2 terms, including an initial term described in paragraph (2). In the event of a vacancy, the President may appoint a member to fill the remainder of the term. A member appointed under subparagraph
(A)may be reappointed for 1 additional term. If a successor has not been appointed at the conclusion of the term of a member of the Board, the member of the Board may continue to serve until— a successor is appointed; or the member of the Board is reappointed. The Board shall— make recommendations to the Director relating to research priorities and needs, accreditation and certification standards, standards and protocols for forensic science disciplines, and any other issue consistent with this Act; monitor and evaluate— the administration of accreditation, certification, and research programs and procedures established under this Act; and the operation of the Committees; review and update, as appropriate, any recommendations made under paragraph (1); identify, as appropriate, any additional issues that 1 or more Committees should consider; and perform all other functions of the Board under this Act and such other related functions as are necessary to perform the functions of the Board. The Board shall consult as appropriate with the Deputy Attorney General, the Director of NIST, the Director of the National Science Foundation, the Director of the National Institute of Justice, the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, senior officials from other relevant Federal agencies including the Department of Defense, and relevant officials of State and local governments. The Board shall hold not fewer than 4 meetings of the full Board each year. The Board shall provide public notice of any meeting of the Board in a reasonable period in advance of the meeting. A meeting of the Board shall be open to the public. A majority of the voting members of the Board shall be present for a quorum to conduct business. Decisions of the Board shall be made by an affirmative vote of not less than 2/3 of the members of the Board voting. All votes of the Board shall be recorded. If necessary, a voting member of the Board may cast a vote— over the phone or through electronic mail or other electronic means if the vote is scheduled to take place during a time other than a full meeting of the Board; and over the phone or by proxy if the vote is scheduled to take place during a full meeting of the Board. Not later than 18 months after the date of enactment of this Act, the Board shall— develop a recommended definition of the term forensic science discipline for purposes of this Act, which shall encompass disciplines with a sufficient scientific basis that involve forensic testing, analysis, identification, or comparisons, the results of which may be interpreted, presented, or otherwise used during the course of a criminal investigation or criminal court proceeding; develop a recommended list of forensic science disciplines for purposes of this Act; and submit the recommended definition and proposed list of forensic science disciplines to the Director. In developing a recommended list of forensic science disciplines under paragraph (1)(B), the Board shall— consider each field from which courts in criminal cases hear forensic testimony or admit forensic evidence; and consult with relevant practitioners, experts, and professional organizations. If the Board recommends that a field should not be included on the list submitted under paragraph
(1)because the field has insufficient scientific basis on the date of the recommendation of the Board, the Board shall publish an explanation of the recommendation, which— shall be published on the Web site of the Board; and may include a finding that a field could be recognized as a forensic science discipline for purposes of this Act, based on additional research. After the Director receives the recommendations of the Board under paragraph (1), the Director shall, in accordance with section 101(f)(3), establish a definition for the term forensic science discipline , and shall establish a list of forensic science disciplines. On an annual basis, the Board shall— evaluate— whether any field should be added to the list of forensic science disciplines established under paragraph (4), including any field previously excluded; and whether any field on the list of forensic science disciplines established under paragraph
(4)should be modified or removed; and submit the evaluation conducted under subparagraph (A), including any recommendations, to the Director. The Board may, without regard to the civil service laws and regulations, appoint and terminate a staff director and such other additional personnel as may be necessary to enable the Board to perform the duties of the Board. The Board may fix the compensation of the staff director and other personnel appointed under paragraph
(1)without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. Any personnel of the Board who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that title. Subparagraph
(A)shall not be construed to apply to members of the Board. The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. Notwithstanding section 1342 of title 31, United States Code, the Board may accept and use voluntary and uncompensated services for the Board as the Board determines necessary. Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Board shall submit to Congress a report describing the work of the Board and the work of each Committee, which shall include a description of any recommendations, decisions, and other significant materials generated during the 2-year period. Subject to paragraphs
(2)through (4), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board. Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. Members of the Board shall serve without compensation for services performed for the Board. The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall— serve as the designated Federal officer (as described in section 10(e) of such Act); and designate an Advisory Committee Management Officer (as described in section 8(b) of such Act) for the Board. Not later than 30 days after the date on which the first meeting of the Board occurs, the Attorney General or the Director of NIST, as the case may be, shall transfer to the Office, control, supervision, and any unobligated balances available for the operation of the National Commission on Forensic Science or any national commission that has a similar scope or responsibility to the Office.