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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4568 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4568

  To facilitate the development and distribution of forensic science 
 standards by establishing in the National Institute of Standards and 
Technology the Organization of Scientific Area Committees for Forensic 
                    Science, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2020

  Mr. Wicker (for himself and Ms. Cantwell) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To facilitate the development and distribution of forensic science 
 standards by establishing in the National Institute of Standards and 
Technology the Organization of Scientific Area Committees for Forensic 
                    Science, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forensic Science Research and 
Standards Act of 2020''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In 2009, the National Research Council published a 
        report entitled ``Strengthening Forensic Science in the United 
        States: A Path Forward'', which provided a roadmap for the 
        future of forensics research.
            (2) The Federal Government, forensic science community, the 
        research community, and the legal community have taken steps to 
        move the field of forensic science forward since the release of 
        this report.
            (3) There are still scientific advances to be made to bring 
        further rigor to the forensic analyses used in courts across 
        the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Science, Space, and Technology 
                of the House of Representatives.
            (2) Board.--The term ``Board'' means the Forensic Science 
        Standards Board established under section 5(b)(1).
            (3) Forensic science.--The term ``forensic science'' refers 
        to the application of scientific or technical practices to the 
        recognition, collection, analysis, and interpretation of 
        evidence to establish opinions, facts, and findings that can be 
        used for criminal and civil law or regulatory purposes.
            (4) Forensic science community.--The term ``forensic 
        science community'' means forensic science practitioners, 
        agencies, and service providers, forensic medicolegal death 
        investigators, medical examiners or coroners, agencies, and 
        service providers, various scientists, and forensic 
        organizational members with applied scientific and technical 
        knowledge of and proximity to the area of forensic science.
            (5) Forensic science practitioner.--The term ``forensic 
        science practitioner'' means an individual who--
                    (A) applies scientific or technical practices to 
                the recognition, collection, analysis, or 
                interpretation of evidence for criminal and civil law 
                or regulatory purposes; and
                    (B) issues test results, provides reports, or 
                provides interpretations, conclusions, or opinions 
                through testimony with respect to such evidence.
            (6) Organization.--The term ``Organization'' means the 
        Organization of Scientific Area Committees for Forensic Science 
        established under section 5(a)(1).
            (7) Nongovernmental standards development organizations.--
        The term ``nongovernmental standards development organization'' 
        means a standards developing organization as defined in section 
        2(e) of Office of Management and Budget Circular A-119 
        (relating to Federal participation in the development and use 
        of voluntary consensus standards in conformity assessment 
        activities), or any successor document.

SEC. 4. NATIONAL FORENSIC SCIENCE RESEARCH COORDINATION AND STRATEGY.

    (a) Interagency Working Group on Forensic Science.--
            (1) Establishment.--The Director of the Office of Science 
        and Technology Policy shall establish an interagency working 
        group (referred to in this section as the ``Working Group'') 
        for the purpose of developing a research strategy for forensic 
        science.
            (2) Membership.--
                    (A) Composition.--The Working Group shall be 
                composed of members as follows:
                            (i) One or more members selected by the 
                        Director of the National Science Foundation as 
                        the Director of the National Science Foundation 
                        considers appropriate.
                            (ii) One or more members selected by the 
                        Director of the National Institute of Standards 
                        and Technology as the Director of the National 
                        Institute of Standards and Technology considers 
                        appropriate.
                            (iii) One or more members selected by the 
                        Attorney General as the Attorney General 
                        considers appropriate, which shall include a 
                        representative with expertise in conducting 
                        scientific research.
                            (iv) One or more members selected by the 
                        Director of the Office of Science and 
                        Technology Policy as the Director considers 
                        appropriate.
                            (v) Such additional members from such other 
                        Federal agencies responsible for conducting 
                        forensic science research or that have 
                        expertise in conducting and funding scientific 
                        research as the Director of the Office of 
                        Science and Technology Policy considers 
                        appropriate.
                    (B) Requirement.--Each member of the Working Group 
                appointed under subparagraph (A) shall be an employee 
                of the Federal Government.
            (3) Chairperson and vice chairperson.--
                    (A) In general.--The Working Group shall select a 
                Chairperson and Vice Chairperson from among the members 
                of the Working Group.
                    (B) Term.--The terms of the Chairperson and the 
                Vice Chairperson of the Working Group shall each be for 
                periods of 2 years.
                    (C) Rotating basis.--After the initial terms of the 
                Chairperson and Vice Chairperson of the Working Group, 
                such positions shall be filled on a rotating basis from 
                the members of the Working group for successive 2-year 
                terms.
            (4) Research strategy.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act and not less 
                frequently than once every 2 years thereafter until the 
                termination of the Working Group, the Working Group 
                shall publish a research strategy for the Federal 
                Government on forensic science.
                    (B) Contents.--The strategy required by 
                subparagraph (A) shall include the following:
                            (i) Specification of priority areas, 
                        including specific milestones and objectives as 
                        appropriate, for the short-term and long-term 
                        research necessary--
                                    (I) to enhance the validity and 
                                reliability of forensic science 
                                disciplines, including emerging 
                                disciplines; and
                                    (II) to provide the scientific 
                                basis for the development and updating 
                                of forensic science standards pursuant 
                                to section 5.
                            (ii) A description of the role of each 
                        relevant Federal agency in supporting the 
                        specific areas of research identified under 
                        clause (i).
                            (iii) A description of common metrics and 
                        other evaluation criteria that will be used to 
                        assess progress toward achieving the 
                        priorities, milestones, and objectives 
                        identified under clause (i), consistent with 
                        the mission of each Federal agency specified 
                        under clause (ii).
                            (iv) Recommendations, if any, for policies 
                        to support the implementation of the research 
                        strategy, including opportunities for new or 
                        expanded interagency collaborations.
                            (v) A description of the options, if any, 
                        for a Federal Government role in helping to 
                        ensure the viability of a nongovernmental 
                        standards development organization for the 
                        promulgation of forensic science standards 
                        developed under section 5.
                            (vi) A description of changes or progress 
                        since the publication of the previous research 
                        strategy.
            (5) Consultation required.--In developing the research 
        strategy under paragraph (4), the Working Group shall consult 
        with stakeholders, including forensic science practitioners, 
        forensic science working groups within the Office of Justice 
        Programs of the Department of Justice, the Organization of 
        Scientific Area Committees (OSAC) for Forensic Science of the 
        National Institute of Standards and Technology, statisticians, 
        criminal justice stakeholders, and research scientists to 
        ensure that the strategy takes into account practical 
        applications and implementation of the research.
            (6) Termination.--The Working Group established under 
        paragraph (1) shall terminate on the date that is 10 years 
        after the date on which such working group is established.
    (b) Implementation.--The Director of the National Science 
Foundation, the Director of the National Institute of Standards and 
Technology, and the Attorney General, shall continue to advance the 
foundation and practice of forensic science in the United States by--
            (1) conducting or supporting research in forensic science, 
        consistent with the Federal research strategy developed under 
        subsection (a)(3);
            (2) building relationships between members of the forensic 
        science community and researchers at universities;
            (3) encouraging and promoting the education and training of 
        a diverse group of people to be leaders in the 
        interdisciplinary field of forensic science; and
            (4) broadly disseminating the results of the research 
        conducted or supported under paragraph (1).

SEC. 5. FACILITATING DEVELOPMENT AND DISTRIBUTION OF FORENSIC SCIENCE 
              STANDARDS.

    (a) Organization of Scientific Area Committees for Forensic 
Science.--
            (1) Establishment.--The Secretary of Commerce, acting 
        through the Director of the National Institute of Standards and 
        Technology, shall establish in the National Institute of 
        Standards and Technology an organization to facilitate the 
        development of forensic science standards.
            (2) Designation.--The organization established under 
        paragraph (1) shall be known as the ``Organization of 
        Scientific Area Committees for Forensic Science''.
            (3) Composition.--The Organization shall be composed of the 
        following:
                    (A) The Forensic Science and Standards Board 
                established under subsection (b).
                    (B) Each scientific area committee established 
                under subsection (c).
            (4) Duties of the organization.--The duties of the 
        Organization are as follows:
                    (A) Facilitating the development and distribution 
                of scientifically sound, consensus-based documentary 
                standards and guidelines for forensic science, 
                including through formal collaboration with 
                nongovernmental standards development organizations.
                    (B) Establishing a registry of scientifically sound 
                forensic science standards and guidelines approved and 
                endorsed by the Organization.
                    (C) Establish a process for regularly re-evaluating 
                existing standards and guidelines published for 
                placement on the registry established under 
                subparagraph (B).
                    (D) Promoting the adoption of the standards and 
                guidelines described in subparagraph (A) by the 
                forensic science community and as included in the 
                registry established under subparagraph (B).
    (b) Forensic Science Standards Board.--
            (1) Establishment.--The Secretary, acting through the 
        Director, shall establish in the Organization a board to 
        oversee the operations of the Organization and its committees.
            (2) Designation.--The board established under paragraph (1) 
        shall be known as the ``Forensic Science Standards Board''.
            (3) Composition.--The Board shall be composed of the 
        following:
                    (A) Members selected by the Secretary to serve on 
                the Board from among--
                            (i) members of the forensic science 
                        community;
                            (ii) scientists and engineers with relevant 
                        expertise at institutions of higher education 
                        and other nonprofit research organizations;
                            (iii) statisticians;
                            (iv) a representative of each of the task 
                        groups established under subsection (d), as the 
                        Secretary considers appropriate; and
                            (v) such other communities or sectors as 
                        the Secretary considers appropriate.
                    (B) The chairpersons of the scientific area 
                committees established under subsection (c).
            (4) Duties.--The duties of the Board are as follows:
                    (A) Overseeing all operations of the Organization, 
                including the committees of the Organization.
                    (B) Establishing governance rules and policies for 
                the Organization.
                    (C) Facilitating communication within the 
                Organization and between the Organization, the criminal 
                justice community, and the forensic science community.
                    (D) Overseeing the reviewing and approving process 
                of standards to be added to the registry established 
                under subsection (a)(4)(B).
            (5) Authority to approve standards for listing in registry 
        of forensic science standards and guidelines.--The Board may 
        approve standards for listing on the registry established under 
        subsection (a)(4)(B).
    (c) Scientific Area Committees.--
            (1) Establishment.--The Secretary, acting through the 
        Director, shall establish one or more scientific area 
        committees to carry out the work of the Organization.
            (2) Membership.--
                    (A) Composition.--Each scientific area committee 
                established under paragraph (1) shall be composed of 
                the following:
                            (i) The chairperson of the scientific area 
                        committee.
                            (ii) The vice chairperson of the scientific 
                        area committee.
                            (iii) Each chairperson of a subcommittee 
                        established in the scientific area committee 
                        under paragraph (3).
                    (B) Chairperson and vice chairperson.--
                            (i) In general.--For each scientific area 
                        committee established under paragraph (1), the 
                        Secretary shall appoint a chairperson and a 
                        vice chairperson for the scientific area 
                        committee from among individuals with expertise 
                        in the subject area of the scientific area 
                        committee.
                            (ii) Service.--Each chairperson and vice 
                        chairperson appointed under clause (i) shall 
                        serve as a chairperson or vice chairperson at 
                        the pleasure of the Secretary.
            (3) Subcommittees.--
                    (A) Establishment.--The Secretary may establish 
                such subcommittees in a scientific area committee 
                established under paragraph (1) as the Secretary 
                considers appropriate to assist in the work of the 
                scientific area committee.
                    (B) Membership.--Each subcommittee established 
                under subparagraph (A) shall be composed of such 
                members selected by the Secretary from among the 
                following:
                            (i) Forensic science practitioners.
                            (ii) Scientists and engineers at 
                        institutions of higher education and other 
                        nonprofit research organizations.
                            (iii) Statisticians.
                            (iv) Representatives of the legal 
                        community.
                            (v) Such others as the Secretary considers 
                        appropriate for purposes of this section.
            (4) Duties.--The duties of a scientific area committee 
        established under paragraph (1) shall be as follows:
                    (A) Coordinating the operation and activities of 
                specific forensic science discipline subcommittees in 
                order to encourage communication across all subject and 
                discipline specific subcommittees.
                    (B) Providing opportunity to the public to engage 
                the forensic science community in matters relating to 
                priorities, standards, and guidelines.
                    (C) Covering topics of high importance to the 
                forensic community, such as matters relating to the 
                following:
                            (i) Biology.
                            (ii) Chemistry, including--
                                    (I) matters relating to seized 
                                drugs and toxicology; and
                                    (II) matters relating to trace 
                                evidence.
                            (iii) Scene examination.
                            (iv) Medicine.
                            (v) Digital and multimedia.
                            (vi) Physics and pattern interpretation.
                            (vii) Computational forensic algorithms.
                    (D) Furthering the development of standards under 
                subsection (e)(1) and other guidelines.
    (d) Resource Task Groups.--
            (1) Establishment.--The Secretary, acting through the 
        Board, shall establish legal, human factors, quality, and 
        statistics task groups to support and assist the Organization 
        with matters relating to questions of law, human factors, 
        ethical and social implications of technology, workflow 
        processes, quality assurance, and statistics.
            (2) Membership.--The Secretary, acting through the Board, 
        shall ensure that each task group established under paragraph 
        (1) is composed of voting members of the subcommittees 
        established under subsection (c)(3) who have relevant 
        expertise.
            (3) Chairpersons.--The Secretary, acting through the Board, 
        shall appoint a chairperson of each task group established 
        under paragraph (1).
    (e) Forensic Science Standards Development Process.--
            (1) Standards development process.--The Secretary, acting 
        through the Organization, shall implement a process to 
        facilitate the development of scientifically sound, consensus-
        based forensic standards and guidelines, consistent with the 
        duties described for each entity established under this 
        section.
            (2) Technical review.--
                    (A) Process required.--The Secretary shall 
                establish a process for technical peer review to 
                provide feedback on a draft of a standard or guideline 
                to a relevant subcommittee of a scientific area 
                committee before such standard or guideline is 
                submitted to a nongovernmental standards development 
                organization or submitted for inclusion in a registry 
                of forensic standards or guidelines.
                    (B) Participants.--The process established under 
                subparagraph (A)--
                            (i) may include members of the 
                        Organization; and
                            (ii) shall include additional volunteer 
                        experts from the forensic science community and 
                        the academic research community.
            (3) Public comment.--
                    (A) In general.--The Secretary shall provide for 
                public comment on draft standards prior to inclusion in 
                the registry of forensic science standards and 
                guidelines established under subsection (a)(4)(B).
                    (B) Comments from research task groups.--The 
                Secretary shall ensure that--
                            (i) each resource task group established 
                        under subsection (d) may submit, as a group, 
                        comments on draft standards described in 
                        subparagraph (A); and
                            (ii) any comments submitted under clause 
                        (i), and any adjudication of such comments by 
                        the Organization, are made available to the 
                        public.
            (4) Submission to standards developing organization.--The 
        Secretary shall ensure that standards proposed by the 
        Organization and approved for the registry of forensic science 
        standards and guidelines established under subsection (a)(4)(B) 
        are submitted to a nongovernmental standards development 
        organization for review and formal adoption as standard.
            (5) Grants.--The Secretary, acting through the Director, 
        shall award grants through a competitive process--
                    (A) to support activities under paragraph (3); and
                    (B) to ensure that the standards approved for 
                inclusion in the registry of forensic science standards 
                and guidelines required by subsection (a)(4)(B) are 
                submitted to a nongovernmental standards development 
                organization.
    (f) Forensic Standards for Authenticating Digital Evidence.--
            (1) Furthering development of standards.--
                    (A) In general.--The Digital or Multimedia 
                Subcommittee, or any successor thereto, shall develop 
                standards for validating or assessing the authenticity 
                of digital content, including content created by 
                technologies that synthesize or manipulate digital 
                content such as deepfakes.
                    (B) Collaboration.--In carrying out subparagraph 
                (A), the subcommittee described in such subparagraph 
                shall collaborate with the forensic science community 
                and experts who study advanced techniques for digital 
                content manipulation, including those in academia and 
                government entities such as the Defense Advanced 
                Research Projects Agency (DARPA).
            (2) Resource development.--The Organization shall develop 
        and compile resources and materials for use by the forensic 
        science community in developing standards to authenticate 
        digital materials.
            (3) Congressional briefing.--Not later than 1 year after 
        the date of the enactment of this Act, the Secretary, acting 
        through the Director, shall provide the appropriate committees 
        of Congress a briefing on the status of efforts undertaken 
        pursuant to this subsection.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $6,000,000 for each of fiscal 
years 2021 through 2026, of which $1,000,000 shall be available in each 
of fiscal years 2021 through 2026 to carry out subsection (e)(4).

SEC. 6. FOUNDATIONAL RESEARCH.

    The Director shall conduct foundational studies to--
            (1) identify and document the technical merit and validity 
        of select forensic science methods, practices, and disciplines, 
        including their capabilities, limitations, and knowledge gaps; 
        and
            (2) identify opportunities for advancements in forensic 
        methods, practices, and disciplines through additional research 
        and improvements to practice.
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