Sec. 9. Paul Coverdell Forensic Sciences Improvement Grants
1,494 words·~7 min read·
/bill/117/s/5033/is/section-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part BB of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10561 et seq. ) is amended— in section 2802 ( 34 U.S.C. 10562 )— in the matter preceding paragraph (1), by inserting
(b)before Applications .— To request ; by striking paragraphs
(1)and
(2)and inserting the following: a certification that the State or unit of local government has developed a plan for forensic science service providers and forensic medicine service providers under a program described in section 2804, which shall include a specific description of the manner in which the grant will be used to carry out the plan; a certification that any forensic science service provider laboratory system, including any laboratory operated by a unit of local government within the State, or forensic medicine service provider in the State, that will receive any portion of the grant amount uses generally accepted laboratory practices and procedures, established by accrediting organizations or appropriate certifying bodies; except with regard to any forensic medicine service provider in the State, a certification— that any forensic science service provider laboratory system, including any forensic science service provider operated by a unit of local government within the State, that will receive any portion of the grant is accredited by an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement; or that the State or unit of local government shall use a portion of the grant amount to prepare and apply for such accreditation as described in clause
(i)not later than 2 years after the date on which the grant is awarded under this part; and a certification that— any forensic medicine service provider in the State that will receive any portion of the grant amounts is accredited by a accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement, or by an accrediting body that has developed and implemented programs of accreditation that promote within the office a quality management system designed to improve and maintain quality assurance, integrity and the use of generally accepted laboratory practices and procedures; or that the State or unit of local government shall use a portion of the grant amount to prepare and apply for accreditation described in clause
(i)not later than 3 years after the date on which the grant is awarded under this part; ; in paragraph (4)— by striking that a government entity exists and an appropriate process is in place and inserting that a named government entity has an appropriate process in place ; and by striking medical examiner's office, coroner's office and inserting forensic medicine service provider ; by inserting before subsection (b), as so designated by subparagraph (A), the following: In this section: The term forensic medicine service provider means a State or unit of local government forensic medicine service provider having not fewer than 1 part-time or full-time employed forensic pathologist, or forensic pathologist under contract, who conducts medico-legal death investigations, including examinations of human remains, and who provides reports or opinion testimony with respect to such activity in courts of law within the United States. The term forensic science service provider means a State or unit of local government agency having not fewer than 1 full-time analyst who examines physical evidence in criminal or investigative matters and provides reports or opinion testimony with respect to such evidence in courts of law in the United States. ; and by adding at the end the following: Not later than 30 days after the date on which grant funds are dispersed under this part, the Attorney General shall publish on the public website of the Department of Justice— a list of each forensic laboratory system, forensic medicine service provider, law enforcement storage facility, or medical facility that received the funds; and as it corresponds to each entity listed under paragraph (1)— the name of the government entity responsible for conducting independent external investigations under subsection (b)(4)(A); a description of the process by which the government entity will conduct the independent external investigations into allegations of serious negligence or misconduct; and instructions for how a person can file an allegation described in subparagraph (B). ; in section 2803(a) ( 34 U.S.C. 10563(a) )— in paragraph (1), by striking Eighty-five percent and inserting the following: Subject to subparagraph (B), 85 percent ; and by adding at the end the following: Of the total amount made to a State for a fiscal year under subparagraph (A), 5 percent shall be allocated for— forensic science service providers pursuing first-time accreditation by an accrediting body that— is a signatory to an internationally recognized arrangement; and offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by such internationally recognized arrangement; and forensic medicine service providers pursuing first-time accreditation by an accrediting body— that— is a signatory to an internationally recognized arrangement; and offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by such internationally recognized arrangement; that has developed and implemented programs of accreditation that promote within the office a quality management system designed to improve and maintain quality assurance, integrity and the use of generally accepted laboratory practices and procedures; or attests, in a manner that is legally binding and enforceable, to use a portion of the grant amount to prepare and apply for such accreditation not more than 3 years after the date on which a grant is awarded under section 2801. Each State receiving a grant amount for a fiscal year shall submit a certification that the State Administering Agency has made reasonable efforts to notify the forensic science service providers and forensic medicine service providers in the State that not less than 5 percent of the total amount awarded under this part are available for preparation for or fees associated with first-time accreditation. For purposes of subclause (I), reasonable efforts to provide notice include email or mail to known forensic science service provider contacts. Nothing in this clause shall be construed to require that a forensic science service provider or forensic medicine service provider— apply for funds described in this clause; or sign a declaration stating the provider does not want the funds. If any amount of the 5 percent of funds allocated under this subparagraph are not requested or used by a forensic science service provider or forensic medicine service provider, such amount may be allocated by the State to other allowable grant purposes. ; in section 2804(a)(5) ( 34 U.S.C. 10564(a)(5) ), by inserting , coroners, and medical-legal death investigators before the period at the end; and in section 2806(a) ( 34 U.S.C. 10566(a) )— in paragraph (1), by inserting and forensic pathology or medical-legal death investigator after science ; in paragraph (2)— by inserting or human remains after sample ; and by inserting examination or before test results ; in paragraph (3), after laboratory insert or forensic medicine service provider ; and in paragraph (4), by inserting or forensic medicine service provider after provider . Section 1001(a)(24) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a)(24) ) is amended— by striking subparagraphs
(A)through (M); by redesignating subparagraph
(N)as subparagraph (A); in subparagraph (A), as so redesignated, by striking the period at the end and inserting ; and ; and by adding at the end the following: $40,000,000 for fiscal year 2023; $43,000,000 for fiscal year 2024; $46,000,000 for fiscal year 2025; $50,000,000 for fiscal year 2026; and $50,000,000 for fiscal year 2027. . Not later than 180 days after the date of enactment of this Act, and once every 3 years thereafter, the Attorney General shall conduct a study and submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the projected workload, backlog, personnel, workforce, resource, and equipment needs of forensic science providers and forensic medical service providers. The study required under paragraph
(1)shall be conducted in conjunction with the Forensic Laboratory Needs-Technology Working Group and the Federal Interagency Medicolegal Death Investigation Working Group. The report required under paragraph
(1)shall consider— the most recent Bureau of Justice Statistics census reports on Publicly Funded Forensic Science Service Providers, Digital Forensic Science Service Providers, and Medical Examiner/Coroner Offices; the Report to Congress: Needs Assessment of Forensic Laboratories and Medical Examiner/Coroner Offices, published by the National Institute of Justice; and the practical and applied implications of any other scientific reports on forensic science with relevance to the operational, quality management, and practical needs of the forensic science community. The report submitted under paragraph
(1)shall be made available to the public.
Connectionstraces to 6
Citation graph
cites case law
Sec. 9
Paul Coverdell Forensic Sciences Improvement Grants
Cites 6Cited by 0 across 0 sources