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Code · BILL · 113th Congress · S. 2177 (Introduced in Senate) — To establish an Office of Forensic Science and a Forensic Science Board, to strengthen and promote confidence in the... · Sec. 103

Sec. 103. Committees

1,261 words·~6 min read·/bill/113/s/2177/is/section-103·

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