II 

Calendar No. 619 

113TH CONGRESS 

2D SESSION S. 2022 

To establish scientific standards and protocols across forensic disciplines, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2014 

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

DECEMBER 8, 2014 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish scientific standards and protocols across forensic 

disciplines, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Forensic Science and Standards Act of 2014’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. National forensic science research program. 

Sec. 5. Forensic science research grants program. 

Sec. 6. Forensic science research challenges. 

Sec. 7. Forensic science standards. 

Sec. 8. Forensic Science Advisory Committee. 

Sec. 9. Adoption, accreditation, and certification. 

Sec. 10. National Institute of Standards and Technology functions. 

3 SEC. 2. FINDINGS. 

4 Congress finds that— 

5 (1) at the direction of Congress, the National 

6 Academy of Sciences led a comprehensive review of 

7 the state of forensic science and issued its findings 

8 in a 2009 report, ‘‘Strengthening Forensic Science 

9 in the United States: A Path Forward’’; 

10 (2) the report’s findings indicate the need for 

11 independent scientific research to support the foun12 dation of forensic disciplines; 

13 (3) the report stresses the need for standards 

14 in methods, data interpretation, and reporting, and 

15 the importance of preventing cognitive bias and miti16 gating human factors; and 

17 (4) according to the report, forensic science re18 search is not financially well supported, and there is 

19 a need for a unified strategy for developing a foren20 sic science research plan across Federal agencies. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADVISORY COMMITTEE.—The term ‘‘Advi4 sory Committee’’ means the Forensic Science Advi5 sory Committee established under section 8. 

6 (2) COORDINATING OFFICE.—The term ‘‘Co7 ordinating Office’’ means the National Forensic 

8 Science Coordinating Office established under sec9 tion 4. 

10 (3) FORENSIC SCIENCE.— 

11 (A) IN GENERAL.—The term ‘‘forensic 

12 science’’ means the basic and applied scientific 

13 research applicable to the collection, evaluation, 

14 and analysis of physical evidence, including dig15 ital evidence, for use in investigations and legal 

16 proceedings, including all tests, methods, meas17 urements, and procedures. 

18 (B) APPLIED SCIENTIFIC RESEARCH.—In 

19 subparagraph (A), the term ‘‘applied scientific 

20 research’’ means a systematic study to gain 

21 knowledge or understanding necessary to deter22 mine the means by which a recognized and spe23 cific need may be met. 

24 (C) BASIC SCIENTIFIC RESEARCH.—In 

25 subparagraph (A), the term ‘‘basic scientific re26 search’’ means a systematic study directed toVerDate Sep 11 2014 00:14 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2022.RS S2022

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1 ward fuller knowledge or understanding of the 

2 fundamental aspects of phenomena and of ob3 servable facts without specific applications to4 wards processes or products. 

5 (4) STANDARDS DEVELOPMENT ORGANIZA6 TION.—The term ‘‘standards development organiza7 tion’’ means a domestic or an international organiza8 tion that plans, develops, establishes, or coordinates 

9 voluntary consensus standards using procedures that 

10 incorporate openness, a balance of interests, con11 sensus, due process, and an appeals process. 

12 SEC. 4. NATIONAL FORENSIC SCIENCE RESEARCH PRO13 GRAM. 

14 (a) ESTABLISHMENT.—There shall be a national fo15 rensic science research program to improve, expand, and 

16 coordinate Federal research in the forensic sciences. 

17 (b) NATIONAL ACADEMY OF SCIENCES REPORT ON

18 FORENSIC SCIENCE.—The Director of the National 

19 Science Foundation shall contract with the National Acad20 emy of Sciences to develop, not later than 180 days after 

21 the date of enactment of this Act, a report that— 

22 (1) identifies the most critical forensic science 

23 disciplines, which may include forensic pathology 

24 and digital forensics, that require further research to 


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1 strengthen the scientific foundation in those dis2 ciplines; and 

3 (2) makes recommendations regarding research 

4 that will help strengthen the scientific foundation in 

5 the forensic science disciplines identified under para6 graph (1). 

7 (c) NATIONAL FORENSIC SCIENCE COORDINATING

8 OFFICE.— 

9 (1) ESTABLISHMENT.—There is established a 

10 National Forensic Science Coordinating Office, with 

11 a director and full-time staff, to be located at the 

12 National Science Foundation. The Director of the 

13 Coordinating Office shall be responsible for carrying 

14 out the provisions of this subsection. 

15 (2) UNIFIED FEDERAL RESEARCH STRATEGY.— 

16 The Coordinating Office established under para17 graph (1) shall coordinate among relevant Federal 

18 departments, agencies, or offices— 

19 (A) the development of a unified Federal 

20 research strategy that— 

21 (i) specifies and prioritizes the re22 search necessary to enhance the validity 

23 and reliability of the forensic science dis24 ciplines; and 


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1 (ii) is consistent with the rec2 ommendations in the National Academy of 

3 Sciences report on forensic science under 

4 subsection (b); 

5 (B) the development of a 5-year roadmap, 

6 updated triennially thereafter, for the unified 

7 Federal research strategy under subparagraph 

8 (A) that includes a description of— 

9 (i) which department, agency, or of10 fice will carry out each specific element of 

11 the unified Federal research strategy; 

12 (ii) short-term and long-term prior13 ities and objectives; and 

14 (iii) common metrics and other eval15 uation criteria that will be used to assess 

16 progress toward achieving the priorities 

17 and objectives under clause (ii); and 

18 (C) any necessary programs, policies, and 

19 budgets to support the implementation of the 

20 roadmap under subparagraph (B). 

21 (3) ADDITIONAL DUTIES.—The Coordinating 

22 Office shall— 

23 (A) evaluate annually the national forensic 

24 science research program to determine whether 

25 it is achieving its objectives; and 


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1 (B) report annually to Congress the find2 ings under subparagraph (A). 

3 (4) DEADLINES.—The Coordinating Office shall 

4 submit to Congress— 

5 (A) not later than 1 year after the date of 

6 enactment of this Act, the unified Federal re7 search strategy under paragraph (2)(A); 

8 (B) not later than 1 year after the date of 

9 enactment of this Act, the initial 5-year road10 map under paragraph (2)(B); and 

11 (C) not later than 1 month after the date 

12 it is updated, each updated 5-year roadmap 

13 under paragraph (2)(B). 

14 SEC. 5. FORENSIC SCIENCE RESEARCH GRANTS PROGRAM. 

15 (a) ESTABLISHMENT.—Not later than 1 year after 

16 the date of enactment of this Act, the National Science 

17 Foundation shall establish a forensic science research 

18 grants program to improve the foundation and practice 

19 of forensic science in the United States based on the rec20 ommendations in the unified Federal research strategy 

21 under section 4. 

22 (b) MERIT REVIEW.—Each grant under this section 

23 shall be awarded on a merit-reviewed, competitive basis. 

24 (c) PUBLICATION.—The National Science Founda25 tion shall support, as appropriate, the publication of reVerDate Sep 11 2014 00:14 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2022.RS S2022

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1 search results under this section in scholarly, peer-re2 viewed scientific journals. 

3 (d) FORENSIC SCIENCE RESEARCH CENTERS.— 

4 (1) IN GENERAL.—As part of the forensic 

5 science research grants program under subsection 

6 (a), the Director of the National Science Foundation 

7 shall establish 2 forensic science research centers— 

8 (A) to conduct research consistent with the 

9 unified Federal research strategy under section 

10 4; 

11 (B) to build relationships between forensic 

12 science practitioners and members of the re13 search community; 

14 (C) to encourage and promote the edu15 cation and training of a diverse group of people 

16 to be leaders in the interdisciplinary field of fo17 rensic science; and 

18 (D) to broadly disseminate the results of 

19 the research under subparagraph (A). 

20 (2) TERMS OF DESIGNATION.— 

21 (A) IN GENERAL.—The Director shall des22 ignate each forensic science research center for 

23 a 4-year term. 

24 (B) REVOCATION.—The Director may re25 voke a designation under subparagraph (A) if 


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1 the Director determines that the forensic 

2 science research center is not demonstrating 

3 adequate performance. 

4 (C) AMOUNT OF AWARD.—Subject to sub5 section (f), the Director shall award a grant up 

6 to $10,000,000 to each forensic science re7 search center. A grant awarded under this sub8 paragraph shall be for a period of 4 years. 

9 (D) LIMITATION ON USE OF FUNDS.—No 

10 funds authorized under this section may be 

11 used to construct or renovate a building or 

12 structure. 

13 (3) REPORTS.—Each forensic science research 

14 center shall submit an annual report to the Director, 

15 at such time and in such manner as the Director 

16 may require, that contains a description of the ac17 tivities the center carried out with the funds received 

18 under this subsection, including a description of how 

19 those activities satisfy the requirement under para20 graph (2)(D). 

21 (e) EVALUATION.— 

22 (1) IN GENERAL.—The Director of the National 

23 Science Foundation shall conduct a comprehensive 

24 evaluation of the forensic science research grants 

25 program every 4 years— 


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1 (A) to determine whether the program is 

2 achieving the objectives of improving the foun3 dation and practice of forensic science in the 

4 United States; and 

5 (B) to evaluate the extent to which the 

6 program is contributing toward the priorities 

7 and objectives described in the roadmap under 

8 section 4(c)(2)(B). 

9 (2) REPORT TO CONGRESS.—The Director of 

10 the National Science Foundation shall report to 

11 Congress the results of each comprehensive evalua12 tion under paragraph (1). 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the National Science 

15 Foundation to carry out this section— 

16 (1) $37,000,000 for fiscal year 2014; 

17 (2) $40,000,000 for fiscal year 2015; 

18 (3) $43,000,000 for fiscal year 2016; 

19 (4) $46,000,000 for fiscal year 2017; and 

20 (5) $49,000,000 for fiscal year 2018. 

21 SEC. 6. FORENSIC SCIENCE RESEARCH CHALLENGES. 

22 (a) PRIZES AND CHALLENGES.— 

23 (1) IN GENERAL.—A Federal department, agen24 cy, or office may assist in satisfying the research 

25 needs and priorities identified in the unified Federal 


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1 research strategy under section 4 by using prizes 

2 and challenges under the America COMPETES Re3 authorization Act (124 Stat. 3982) or under any 

4 other provision of law, as appropriate. 

5 (2) PURPOSES.—The purpose of a prize or 

6 challenge under this section, among other possible 

7 purposes, may be— 

8 (A) to determine or develop the best data 

9 collection practices or analytical methods to 

10 evaluate a specific type of forensic data; or 

11 (B) to determine the accuracy of an ana12 lytical method. 

13 (b) FORENSIC EVIDENCE PRIZES AND CHAL14 LENGES.— 

15 (1) IN GENERAL.—A Federal department, agen16 cy, or office, or multiple Federal departments, agen17 cies, or offices in cooperation, carrying out a prize 

18 or challenge under this section— 

19 (A) may establish a prize advisory board; 

20 and 

21 (B) shall select each member of the prize 

22 advisory board with input from relevant Federal 

23 departments, agencies, or offices. 

24 (2) PRIZE ADVISORY BOARD.—The prize advi25 sory board shall— 


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1 (A) identify 1 or more types of forensic 

2 evidence for purposes of a prize or challenge; 

3 (B) using the samples under paragraph 

4 (3), recommend how to structure a prize or 

5 challenge that requires a competitor to develop 

6 a forensic data collection practice, an analytical 

7 method, or a relevant approach or technology to 

8 be tested relative to a known outcome or other 

9 proposed judging methodology; and 

10 (C) through the Coordinating Office, ad11 vise relevant Federal departments, agencies, or 

12 offices in designing prizes or challenges that 

13 satisfy the research needs and priorities identi14 fied in the unified Federal research strategy 

15 under section 4. 

16 (3) SAMPLES.—The National Institute of 

17 Standards and Technology or the Department of 

18 Justice shall provide or contract with a non-Federal 

19 party to prepare, for each type of forensic evidence 

20 under paragraph (2)(A), a sufficient set of samples, 

21 including associated digital data that could be 

22 shared without limitation and physical specimens 

23 that could be shared with qualified parties, for pur24 poses of a prize or challenge. 


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1 (4) FINGERPRINT DATA INTEROPERABILITY.— 

2 At least 1 prize or challenge under this section shall 

3 be focused on achieving nationwide fingerprint data 

4 interoperability if the prize advisory board, the Co5 ordinating Office, or a Federal department, agency, 

6 or office identifies an area where a prize or challenge 

7 will assist in satisfying a strategy related to this 

8 issue. 

9 SEC. 7. FORENSIC SCIENCE STANDARDS. 

10 (a) ESTABLISHMENT.— 

11 (1) IN GENERAL.—The National Institute of 

12 Standards and Technology shall— 

13 (A) identify or coordinate the development 

14 of forensic science standards to enhance the va15 lidity and reliability of forensic science activi16 ties, including— 

17 (i) authoritative methods, standards, 

18 and technical guidance, including protocols 

19 and best practices, for forensic measure20 ments, analysis, and interpretation; 

21 (ii) technical standards for products 

22 and services used by forensic science prac23 titioners; 

24 (iii) standard content, terminology, 

25 and parameters to be used in reporting 


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1 and testifying on the results and interpre2 tation of forensic science measurements, 

3 tests, and procedures; and 

4 (iv) standards to provide for the inter5 operability of forensic science-related tech6 nology and databases; 

7 (B) test and validate existing forensics 

8 standards, as appropriate; and 

9 (C) provide independent validation of fo10 rensic science measurements and methods. 

11 (2) CONSULTATION.— 

12 (A) IN GENERAL.—In carrying out its re13 sponsibilities under paragraph (1), the National 

14 Institute of Standards and Technology shall 

15 consult with— 

16 (i) standards development organiza17 tions and other stakeholders, including rel18 evant Federal departments, agencies, and 

19 offices; and 

20 (ii) testing laboratories and accredita21 tion bodies to ensure that products and 

22 services meet necessary performance levels. 

23 (3) PRIORITIZATION.—When prioritizing its re24 sponsibilities under paragraph (1), the National InVerDate Sep 11 2014 00:14 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\S2022.RS S2022

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1 stitute of Standards and Technology shall con2 sider— 

3 (A) the unified Federal research strategy 

4 under section 4; and 

5 (B) the recommendations of any expert 

6 working group under subsection (b). 

7 (4) REPORT TO CONGRESS.—The Director of 

8 the National Institute of Standards and Technology 

9 shall report annually, with the President’s budget re10 quest, to Congress on the progress in carrying out 

11 the National Institute of Standards and Tech12 nology’s responsibilities under paragraph (1). 

13 (b) EXPERT WORKING GROUPS.— 

14 (1) IN GENERAL.—The Director of the National 

15 Institute of Standards and Technology may establish 

16 1 or more discipline-specific expert working groups 

17 to identify gaps, areas of need, and opportunities for 

18 standards development with respect to forensic 

19 science. 

20 (2) MEMBERS.—A member of an expert work21 ing group shall— 

22 (A) be appointed by the Director of the 

23 National Institute of Standards and Tech24 nology; 


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1 (B) have significant academic, research, or 

2 practical expertise in a discipline of forensic 

3 science or in another area relevant to the pur4 pose of the expert working group; and 

5 (C) balance scientific rigor with practical 

6 and regulatory constraints. 

7 (3) FEDERAL ADVISORY COMMITTEE ACT.—An 

8 expert working group established under this sub9 section shall not be subject to the Federal Advisory 

10 Committee Act (5 U.S.C. App.). 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the National Institute 

13 of Standards and Technology to carry out this section— 

14 (1) $12,000,000 for fiscal year 2014; 

15 (2) $20,000,000 for fiscal year 2015; 

16 (3) $27,000,000 for fiscal year 2016; 

17 (4) $35,000,000 for fiscal year 2017; and 

18 (5) $43,000,000 for fiscal year 2018. 

19 SEC. 8. FORENSIC SCIENCE ADVISORY COMMITTEE. 

20 (a) ESTABLISHMENT.—The Director of the National 

21 Institute of Standards and Technology and the Attorney 

22 General, in collaboration with the Director of the National 

23 Science Foundation, shall establish a Forensic Science Ad24 visory Committee. 


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1 (b) DUTIES.—The Advisory Committee shall provide 

2 advice to— 

3 (1) the Federal departments, agencies, and of4 fices implementing the unified Federal research 

5 strategy under section 4; 

6 (2) the National Institute of Standards and 

7 Technology, including recommendations regarding 

8 the National Institute of Standards and Tech9 nology’s responsibilities under section 7; and 

10 (3) the Department of Justice, including rec11 ommendations regarding the Department of Jus12 tice’s responsibilities under section 9. 

13 (c) SUBCOMMITTEES.—The Advisory Committee may 

14 form subcommittees related to specific disciplines in foren15 sic science or as necessary to further its duties under sub16 section (b). A subcommittee may include an individual who 

17 is not a member of the Advisory Committee. 

18 (d) CHAIRS.—The Director of the National Institute 

19 of Standards and Technology and the Attorney General, 

20 or their designees, shall co-chair the Advisory Committee. 

21 (e) MEMBERSHIP.—The Director of the National In22 stitute of Standards and Technology and the Attorney 

23 General, in consultation with the Director of the National 

24 Science Foundation, shall appoint each member of the Ad25 visory Committee. The Advisory Committee shall include 


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1 balanced representation between forensic science dis2 ciplines (including academic scientists, statisticians, social 

3 scientists, engineers, and representatives of other related 

4 scientific disciplines) and relevant forensic science applica5 tions (including Federal, State, and local representatives 

6 of the forensic science community, the legal community, 

7 victim advocate organizations, and law enforcement). 

8 (f) ADMINISTRATION.—The Attorney General shall 

9 provide administrative support to the Advisory Committee. 

10 (g) FEDERAL ADVISORY COMMITTEE ACT.—The Ad11 visory Committee established under this section shall not 

12 be subject to section 14 of the Federal Advisory Com13 mittee Act (5 U.S.C. App.). 

14 SEC. 9. ADOPTION, ACCREDITATION, AND CERTIFICATION. 

15 The Attorney General— 

16 (1) shall promote the adoption of forensic 

17 science standards developed under section 7, includ18 ing— 

19 (A) by requiring each Federal forensic lab20 oratory to adopt the forensic science standards; 

21 (B) by encouraging each non-Federal fo22 rensic laboratory to adopt the forensic science 

23 standards; 


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1 (C) by promoting accreditation and certifi2 cation requirements based on the forensic 

3 science standards; and 

4 (D) by promoting any recommendations 

5 made by the Advisory Committee for adoption 

6 and implementation of forensic science stand7 ards; and 

8 (2) may promote the adoption of the forensic 

9 science standards as a condition of Federal funding 

10 or for inclusion in national data sets. 

11 SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECH12 NOLOGY FUNCTIONS. 

13 Section 2(b) of the National Institute of Standards 

14 and Technology Act (15 U.S.C. 272(b)) is amended— 

15 (1) in paragraph (12), by striking ‘‘and’’ after 

16 the semicolon; 

17 (2) in paragraph (13), by striking the period at 

18 the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(14) to identify and coordinate the develop21 ment of forensic science standards to enhance the 

22 validity and reliability of forensic science activities.’’. 

23 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

24 (a) SHORT TITLE.—This Act may be cited as the ‘‘Fo25 rensic Science and Standards Act of 2014’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of this 

2 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. National forensic science research initiative. 

Sec. 5. Implementation of forensic science research recommendations. 

Sec. 6. Forensic science research challenges. 

Sec. 7. Forensic science standards. 

Sec. 8. National Commission on Forensic Science. 

Sec. 9. Adoption, accreditation, and certification. 

Sec. 10. National Institute of Standards and Technology functions. 

Sec. 11. Effect on other laws. 

3 SEC. 2. FINDINGS. 

4 Congress finds that— 

5 (1) at the direction of Congress, the National 

6 Academy of Sciences led a comprehensive review of 

7 the state of forensic science and issued its findings in 

8 a 2009 report, ‘‘Strengthening Forensic Science in the 

9 United States: A Path Forward’’; 

10 (2) the report states that research is needed to 

11 address issues of accuracy, reliability, and validity in 

12 the forensic disciplines; 

13 (3) the report stresses the need for standards in 

14 methods, data interpretation, and reporting, and the 

15 importance of preventing cognitive bias and miti16 gating human factors; and 

17 (4) according to the report, forensic science re18 search is not financially well supported, and there is 

19 a need for a unified strategy for developing a forensic 

20 science research plan across Federal agencies. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

4 The term ‘‘appropriate committees of Congress’’ 

5 means the Committee on Commerce, Science, and 

6 Transportation and the Committee on the Judiciary 

7 of the Senate and the Committee on Science and the 

8 Committee on the Judiciary of the House of Rep9 resentatives. 

10 (2) COMMISSION.—The term ‘‘Commission’’ 

11 means the National Commission on Forensic Science, 

12 a Federal advisory committee established under sec13 tion 8. 

14 (3) COORDINATING OFFICE.—The term ‘‘Coordi15 nating Office’’ means the National Forensic Science 

16 Coordinating Office established under section 4. 

17 (4) FORENSIC SCIENCE.— 

18 (A) IN GENERAL.—The term ‘‘forensic 

19 science’’ means the basic and applied scientific 

20 research and its application, including all tests, 

21 methods, techniques, measurements, and proce22 dures, to the recognition, collection, preservation, 

23 evaluation, and analysis of evidence for use in 

24 investigations and legal proceedings. 

25 (B) APPLIED SCIENTIFIC RESEARCH.—In 

26 subparagraph (A), the term ‘‘applied scientific 


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1 research’’ means a systematic study to gain 

2 knowledge or understanding necessary to deter3 mine the means by which a recognized and spe4 cific need may be met. 

5 (C) BASIC SCIENTIFIC RESEARCH.—In sub6 paragraph (A), the term ‘‘basic scientific re7 search’’ means a systematic study directed to8 ward fuller knowledge or understanding of the 

9 fundamental aspects of phenomena and of ob10 servable facts without specific applications to11 wards processes or products in mind. 

12 (5) INTERAGENCY COMMITTEE.—The term 

13 ‘‘Interagency Committee’’ means the interagency fo14 rensic science committee established under section 4. 

15 (6) STANDARDS DEVELOPMENT ORGANIZATION.— 

16 The term ‘‘standards development organization’’ 

17 means a domestic or an international organization 

18 that plans, develops, establishes, or coordinates vol19 untary consensus standards using procedures that in20 corporate openness, a balance of interests, consensus, 

21 due process, and an appeals process. 

22 SEC. 4. NATIONAL FORENSIC SCIENCE RESEARCH INITIA23 TIVE. 

24 (a) ESTABLISHMENT.—There shall be a National Fo25 rensic Science Research Initiative to improve, expand, and 


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1 coordinate Federal research in the forensic sciences. Federal 

2 participation shall include the National Science Founda3 tion, the National Institute of Standards and Technology, 

4 the Department of Justice, and other Federal departments, 

5 agencies, and offices contributing to research in forensic 

6 science. 

7 (b) NATIONAL FORENSIC SCIENCE COORDINATING OF8 FICE.— 

9 (1) ESTABLISHMENT.—There is established a 

10 National Forensic Science Coordinating Office, with 

11 a full-time director and additional staff, as needed, to 

12 be located at the Office of Science and Technology 

13 Policy. 

14 (2) DIRECTOR.—The Director of the Coordi15 nating Office shall be a senior Federal agency man16 ager with expertise relevant to forensic science de17 tailed to the Office of Science and Technology Policy 

18 for a period of 3 years. Responsibility for providing 

19 a director shall rotate among the Federal depart20 ments, agencies, or offices participating in the Na21 tional Forensic Science Research Initiative. 

22 (3) DUTIES OF THE DIRECTOR.—The Director 

23 shall be responsible for carrying out the provisions of 

24 this section, including coordinating the development 

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1 section (e), working with the Federal departments, 

2 agencies, and offices to execute the research strategy, 

3 coordinating the interagency forensic science com4 mittee established in subsection (c), and overseeing 

5 periodic reviews of the initiative. 

6 (4) FUNDING.—Responsibility to fund the Co7 ordinating Office shall be shared by the Federal de8 partments, agencies, and offices participating in the 

9 National Forensic Science Research Initiative. The 

10 Federal departments, agencies, and offices partici11 pating in the National Forensic Science Research Ini12 tiative may dedicate additional full- or part-time 

13 staff to the Coordinating Office, as appropriate, to 

14 sustain ongoing activities, facilitate special studies, 

15 and provide additional support. 

16 (c) INTERAGENCY FORENSIC SCIENCE COMMITTEE.— 

17 There is established an interagency forensic science com18 mittee. The Interagency Committee shall be co-chaired by 

19 the Director of the Coordinating Office and a senior Federal 

20 agency scientist with expertise relevant to forensic science 

21 from a Federal department, agency, or office participating 

22 in the National Forensic Science Research Initiative. Com23 mittee members shall include representatives from the Na24 tional Science Foundation, the National Institute of Stand25 ards and Technology, the Department of Justice, the DeVerDate Sep 11 2014 00:14 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\S2022.RS S2022

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1 partment of Homeland Security, the Department of De2 fense, and other Federal departments, agencies, and offices 

3 contributing to research in forensic science. 

4 (d) REPORT ON FORENSIC SCIENCE.—Not later than 

5 180 days after the date of enactment of this Act— 

6 (1) the Director of the National Science Founda7 tion, in consultation with the Director of the Coordi8 nating Office, shall contract with the National Acad9 emy of Sciences, or a similar external, independent 

10 science entity, to develop a report that— 

11 (A) identifies the most critical forensic 

12 science disciplines that require further research 

13 to strengthen the scientific foundation in those 

14 disciplines; 

15 (B) makes recommendations regarding re16 search that will help strengthen the scientific 

17 foundation in the forensic science disciplines 

18 identified under subparagraph (A) and mecha19 nisms to accomplish that research; 

20 (C) takes into account previous studies and 

21 reports; and 

22 (D) takes into account the expertise and 

23 needs of Federal, State, and local forensic science 

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1 nity, victim advocate organizations, and organi2 zations that defend the wrongfully convicted; and 

3 (2) the entity contracted under paragraph (1) 

4 shall submit the report under that paragraph to the 

5 Director of the National Science Foundation, the Di6 rector of the Coordinating Office, the Attorney Gen7 eral, and the appropriate committees of Congress. 

8 (e) UNIFIED FEDERAL RESEARCH STRATEGY.—The 

9 Director of the Coordinating Office, in coordination with 

10 the Interagency Committee, shall oversee— 

11 (1) the development of a unified Federal research 

12 strategy that— 

13 (A) specifies and prioritizes the research 

14 necessary to enhance the validity and reliability 

15 of the forensic science disciplines; 

16 (B) is consistent with the recommendations 

17 in the report on forensic science under subsection 

18 (d); and 

19 (C) takes into account practical applica20 tions and implementation of the research; 

21 (2) the development of a 5-year roadmap, up22 dated triennially thereafter, for the implementation of 

23 the unified Federal research strategy under para24 graph (1) that includes a description of— 


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1 (A) which Federal department, agency, or 

2 office will carry out each specific element of the 

3 unified Federal research strategy; 

4 (B) short-term and long-term priorities and 

5 objectives; and 

6 (C) common metrics and other evaluation 

7 criteria that will be used to assess progress to8 ward achieving the priorities and objectives 

9 under subparagraph (B); and 

10 (3) the development of any necessary programs, 

11 policies, and budgets to support the implementation 

12 of the roadmap under paragraph (2), including mech13 anisms for joint-agency review of research proposals, 

14 for interagency co-funding of research activities, and 

15 for information sharing across agencies. 

16 (f) CONSULTATION.—In developing and implementing 

17 the unified Federal research strategy and roadmap, the Di18 rector of the Coordinating Office shall consult with State 

19 and local laboratories, as appropriate, to ensure that the 

20 unified Federal research strategy and roadmap take into 

21 account practical applications and implementations of the 

22 research under subsection (e)(1)(C). 

23 (g) EVALUATION.—The Director of the Coordinating 

24 Office, in coordination with the Interagency Committee, 

25 shall— 


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1 (1) evaluate biennially the National Forensic 

2 Science Research Initiative to ensure that all activi3 ties under this section, including research conducted 

4 under external grant activities, and through multi5 disciplinary research centers or centers of excellence, 

6 meet the goals established by the unified Federal re7 search strategy and implementation of the 5-year 

8 roadmap; and 

9 (2) report biennially to the appropriate commit10 tees of Congress the findings under paragraph (1). 

11 (h) DEADLINES.—The Director of the Coordinating Of12 fice shall submit to the appropriate committees of Con13 gress— 

14 (1) not later than 180 days after the date of re15 ceipt of the report on forensic science under subsection 

16 (d), the unified Federal research strategy under sub17 section (e)(1); 

18 (2) not later than 180 days after the date of re19 ceipt of the report on forensic science under subsection 

20 (d), the initial 5-year roadmap under subsection 

21 (e)(2); and 

22 (3) not later than 1 month after the date it is 

23 updated, each updated 5-year roadmap under sub24 section (e)(2). 


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1 SEC. 5. IMPLEMENTATION OF FORENSIC SCIENCE RE2 SEARCH RECOMMENDATIONS. 

3 (a) ESTABLISHMENT.—Federal departments, agencies, 

4 and offices participating in the National Forensic Science 

5 Research Initiative, including the National Science Foun6 dation, the National Institute of Standards and Technology, 

7 and the Department of Justice, in partnership with the Di8 rector of the Coordinating Office, shall improve the founda9 tion and practice of forensic science in the United States 

10 by— 

11 (1) conducting or supporting research consistent 

12 with the unified Federal research strategy under sec13 tion 4; 

14 (2) building relationships between forensic 

15 science practitioners and members of the research 

16 community; 

17 (3) encouraging and promoting the education 

18 and training of a diverse group of people to be leaders 

19 in the interdisciplinary field of forensic science; and 

20 (4) broadly disseminating the results of the re21 search under paragraph (1). 

22 (b) EXTERNAL GRANT ACTIVITIES.—All external fo23 rensic science research grants awarded by the Federal de24 partments, agencies, or offices under this section shall be 

25 consistent with the merit review criteria as approved by 

26 the National Science Board and described in the National 


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1 Science Foundation Proposal and Award Policies and Pro2 cedures Guide, including— 

3 (1) the ability of each proposed research activity 

4 to advance knowledge and understanding relevant to 

5 the forensic sciences and to benefit society or advance 

6 desired societal outcomes; 

7 (2) the potential for the research activity to ex8 plore creative, original, or transformative concepts; 

9 (3) the qualifications of the individual, team, or 

10 organization proposing the research activity and the 

11 adequacy of the research plan; and 

12 (4) the adequacy of the resources available to the 

13 individual, team, or organization proposing the re14 search activity. 

15 (c) PUBLICATION.—All research conducted from grants 

16 awarded under this section by the Federal departments, 

17 agencies, or offices shall take into consideration the require18 ments of peer-reviewed scientific journals, and encourage 

19 the communication and open exchange of data and results 

20 to other agencies, policymakers, and the public. 

21 (d) GRANT ACTIVITIES.—The National Science Foun22 dation shall award grants to improve the foundation of fo23 rensic science in the United States. Additional mechanisms 

24 for implementation may include interagency solicitations, 

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1 standing, cooperative research centers, pilot programs, and 

2 demonstration projects. 

3 (e) FORENSIC SCIENCE RESEARCH CENTERS.— 

4 (1) MULTIDISCIPLINARY RESEARCH CENTERS.— 

5 (A) IN GENERAL.—As part of the National 

6 Forensic Science Research Initiative, taking into 

7 account the unified Federal research strategy 

8 under section 4(e), as informed by the report on 

9 forensic science required under section 4(d), the 

10 Director of the National Science Foundation, in 

11 collaboration with other Federal departments, 

12 agencies, and offices contributing to research in 

13 forensic science, shall establish 1 or more multi14 disciplinary research centers led by public-pri15 vate partnerships between universities, industry, 

16 State or local entities, and Federal agencies. 

17 Each multidisciplinary research center shall be 

18 created with the following objectives: 

19 (i) Conducting basic and translational 

20 research relevant for forensic science. 

21 (ii) Encouraging the application of the 

22 research under clause (i) to practical uses. 

23 (iii) Educating undergraduate and 

24 graduate students and developing a work25 force in fields relevant to forensic science. 


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1 (B) EVALUATION.—The Director of the Na2 tional Science Foundation shall conduct a com3 prehensive evaluation of the forensic science re4 search grants awarded by the National Science 

5 Foundation and multidisciplinary research cen6 ters every 4 years— 

7 (i) to determine whether the National 

8 Science Foundation is achieving the objec9 tives of improving the foundation of forensic 

10 science in the United States; and 

11 (ii) to evaluate the extent to which the 

12 National Science Foundation is contrib13 uting toward the priorities and objectives 

14 described in the roadmap under section 

15 4(e). 

16 (C) REPORTING REQUIREMENT.—The Di17 rector of the National Science Foundation shall 

18 report to the appropriate committees of Congress 

19 and the Director of the Coordinating Office the 

20 results of each comprehensive evaluation under 

21 subparagraph (B). 

22 (2) CENTER OF EXCELLENCE.— 

23 (A) IN GENERAL.—The Director of the Na24 tional Institute of Standards and Technology 

25 shall establish and operate a competitively seVerDate Sep 11 2014 00:14 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\S2022.RS S2022

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1 lected Center of Excellence focusing on measure2 ment sciences, technology, and standards in fo3 rensic science with the following objectives: 

4 (i) To improve the standards of prac5 tice in the forensic sciences in the United 

6 States. 

7 (ii) To produce research collaborations 

8 between the National Institute of Standards 

9 and Technology, academia, forensic science 

10 practitioners, and industry focused on ac11 celerating innovations and new technology 

12 development in the forensic sciences. 

13 (iii) To fund the development of new 

14 forensics techniques, including automated 

15 testing methodologies, and to help transition 

16 these techniques to industry and practi17 tioners. 

18 (iv) To fund the evaluation of new and 

19 existing forensic techniques in terms of reli20 ability, cost effectiveness, and other metrics, 

21 as appropriate, and to help transition these 

22 techniques to industry and practitioners. 

23 (v) To provide training opportunities 

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1 toral students in measurement science, as is 

2 relevant to the forensic disciplines. 

3 (vi) To encourage interdisciplinary re4 search in the forensic sciences by leveraging 

5 access to unique National Institute of 

6 Standards and Technology facilities and ex7 pertise, as appropriate. 

8 (vii) To broadly disseminate the results 

9 of the National Institute of Standards and 

10 Technology forensic science research. 

11 (B) EVALUATION.—The Director of the Na12 tional Institute of Standards and Technology 

13 shall conduct a comprehensive evaluation of the 

14 Center of Excellence every 4 years— 

15 (i) to determine whether the Center of 

16 Excellence is achieving the objectives out17 lined in subparagraph (A); 

18 (ii) to evaluate the extent to which the 

19 Center of Excellence is contributing toward 

20 the priorities and objectives described in the 

21 roadmap under section 4(e). 

22 (C) REPORT REQUIREMENT.—The Director 

23 of the National Institute of Standards and Tech24 nology shall report to the appropriate committees 

25 of Congress and the Director of the Coordinating 


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1 Office the results of each comprehensive evalua2 tion under subparagraph (B). 

3 SEC. 6. FORENSIC SCIENCE RESEARCH CHALLENGES. 

4 (a) PRIZES AND CHALLENGES.— 

5 (1) IN GENERAL.—A Federal department, agen6 cy, or office may assist in satisfying the research 

7 needs and priorities identified in the unified Federal 

8 research strategy under section 4 by using prizes and 

9 challenges under the America COMPETES Reauthor10 ization Act (124 Stat. 3982) or under any other pro11 vision of law, as appropriate. 

12 (2) PURPOSES.—The purpose of a prize or chal13 lenge under this section, among other possible pur14 poses, may be— 

15 (A) to determine or develop the best data 

16 collection practices or analytical methods to 

17 evaluate a specific type of forensic data; 

18 (B) to quantify or improve the efficiency, 

19 reliability, or accuracy of an analytical method; 

20 (C) to design new methodologies to integrate 

21 evidence collection, documentation, and analysis 

22 at crime scenes; or 

23 (D) to address other topics as proposed by 

24 the forensic science community. 


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1 (b) FORENSIC DATA SETS.—The National Institute of 

2 Standards and Technology or the Department of Justice 

3 shall provide or contract with a non-Federal party to pre4 pare, when necessary, for each prize carried out under this 

5 section, a sufficient set of data or samples, including associ6 ated digital data that could be shared without limitation 

7 and physical specimens that could be shared with qualified 

8 parties, for purposes of a prize or challenge. 

9 SEC. 7. FORENSIC SCIENCE STANDARDS. 

10 (a) ESTABLISHMENT.— 

11 (1) IN GENERAL.—To enhance the validity and 

12 reliability of forensic science activities, the National 

13 Institute of Standards and Technology shall— 

14 (A) identify and coordinate the development 

15 of voluntary consensus forensic science stand16 ards, including— 

17 (i) methods, standards, and technical 

18 guidance, including protocols and best prac19 tices, for analysis and interpretation; 

20 (ii) technical standards useful in the 

21 development of products employed by foren22 sic science practitioners; 

23 (iii) standard content, terminology, 

24 and parameters to be used in reporting the 


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1 results and interpretation of forensic science 

2 measurements, tests, and procedures; and 

3 (iv) standards for the interoperability 

4 of forensic science-related technology and 

5 databases; 

6 (B) develop forensic science measurement 

7 standards, standard reference materials, and 

8 other reference materials to support forensic 

9 science disciplines and associated measurements; 

10 (C) test and validate existing forensics 

11 science standards, as appropriate; and 

12 (D) provide independent validation of fo13 rensic science measurements and methods. 

14 (2) CONSULTATION.— 

15 (A) IN GENERAL.—In carrying out its re16 sponsibilities under paragraph (1), the National 

17 Institute of Standards and Technology shall con18 sult with, and in carrying out its responsibilities 

19 under paragraph (1)(A) may partner or contract 

20 with— 

21 (i) standards development organiza22 tions and other stakeholders, including the 

23 Department of Justice and other relevant 

24 Federal departments, agencies, and offices; 

25 and 


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1 (ii) testing laboratories, State and 

2 local forensic science practitioners, and cer3 tification and accreditation bodies, as ap4 propriate. 

5 (3) PRIORITIZATION.—When prioritizing its re6 sponsibilities under paragraph (1), the National In7 stitute of Standards and Technology shall consider— 

8 (A) the unified Federal research strategy 

9 and roadmap under section 4; and 

10 (B) the recommendations of the scientific 

11 area committees under subsection (b). 

12 (4) PUBLIC REVIEW AND COMMENT.—The Direc13 tor of the National Institute of Standards and Tech14 nology shall ensure that any proposed voluntary con15 sensus standards, guidelines, or methods developed 

16 under this section are publically available, and that 

17 the forensic community has an opportunity for public 

18 review and comment on voluntary consensus stand19 ards. 

20 (5) REPORT TO CONGRESS.—The Director of the 

21 National Institute of Standards and Technology shall 

22 report biennially to the appropriate committees of 

23 Congress on the progress in carrying out the National 

24 Institute of Standards and Technology’s responsibil25 ities under paragraph (1). 


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1 (b) SCIENTIFIC AREA COMMITTEES.— 

2 (1) IN GENERAL.—The Director of the National 

3 Institute of Standards and Technology and the Attor4 ney General shall establish scientific area committees 

5 to identify gaps in and opportunities for standards 

6 development in the forensic sciences. The scientific 

7 area committees shall report to and be administered 

8 by the Director of the National Institute of Standards 

9 and Technology. 

10 (2) DUTIES.—The scientific area committees 

11 shall be the primary mechanism for identifying and 

12 coordinating the development of voluntary consensus 

13 forensic science standards as described in subsection 

14 (a). The scientific area committees shall submit, for 

15 consideration by forensic science stakeholders and by 

16 the Commission established in section 8, guidance on 

17 these forensic science standards. In accomplishing this 

18 objective, the scientific area committees shall— 

19 (A) encourage information exchange within 

20 the forensic science community, to include re21 searchers, practitioners, law enforcement, and 

22 legal professionals; 

23 (B) ensure that standards development is 

24 appropriate to the needs of the forensic science 


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1 community and relevant to practical applica2 tions; 

3 (C) take into account existing studies and 

4 reports; and 

5 (D) by holding public meetings and dis6 seminating work products, including records, re7 ports, minutes, and agendas, for public review 

8 and comment to the extent practicable, support 

9 public participation in the standards develop10 ment process and the broad adoption of forensic 

11 science standards. 

12 (3) MEMBERS.—The scientific area committees 

13 shall have significant representation from forensic 

14 science practitioners, academic researchers, and stat15 isticians to balance scientific rigor with practical and 

16 regulatory constraints, and, to the extent practicable, 

17 the majority of the scientific area committees shall 

18 have a minimum representation of 50 percent from 

19 forensic science practitioners. Each member of a sci20 entific area committee shall have significant aca21 demic, research, or practical expertise in a discipline 

22 of forensic science or in another area relevant to the 

23 purpose of the scientific area committee. 

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1 section shall not be subject to the Federal Advisory 

2 Committee Act (5 U.S.C. App.). 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated out of otherwise available ap5 propriations to the National Institute of Standards and 

6 Technology to carry out this section— 

7 (1) $8,000,000 for fiscal year 2014; 

8 (2) $12,000,000 for fiscal year 2015; and 

9 (3) $16,000,000 for fiscal year 2016. 

10 SEC. 8. NATIONAL COMMISSION ON FORENSIC SCIENCE. 

11 (a) ESTABLISHMENT.—The Director of the National 

12 Institute of Standards and Technology and the Attorney 

13 General, in consultation with the Director of the National 

14 Science Foundation, shall establish a National Commission 

15 on Forensic Science. 

16 (b) DUTIES.—The Commission shall— 

17 (1) provide advice to the Federal departments, 

18 agencies, and offices implementing the unified Federal 

19 research strategy under section 4; 

20 (2) provide advice to the National Institute of 

21 Standards and Technology, including recommenda22 tions regarding the National Institute of Standards 

23 and Technology’s responsibilities under section 7; 

24 (3) receive and review guidance on standards 

25 setting from the scientific area committees established 


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1 under section 7 and, based on this guidance, advise 

2 the Department of Justice on the promotion of foren3 sic science standards; and 

4 (4) provide advice to the Department of Justice, 

5 including recommendations regarding the develop6 ment of a forensic science uniform code of professional 

7 responsibility and the Department of Justice’s respon8 sibilities under section 9. 

9 (c) SUBCOMMITTEES.—The Commission may form 

10 subcommittees related to specific disciplines in forensic 

11 science or as necessary to further its duties under subsection 

12 (b). A subcommittee may include an individual who is not 

13 a member of the Commission. 

14 (d) CHAIRS.—The Director of the National Institute 

15 of Standards and Technology and the Attorney General, or 

16 their designees, shall co-chair the Commission. 

17 (e) MEMBERSHIP.—The Director of the National Insti18 tute of Standards and Technology and the Attorney Gen19 eral, in consultation with the Director of the National 

20 Science Foundation, shall appoint each member of the Com21 mission. The Commission shall include balanced representa22 tion between forensic science disciplines (including aca23 demic scientists, statisticians, social scientists, engineers, 

24 and representatives of other related scientific disciplines) 

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1 eral, State, and local representatives of the forensic science 

2 community, the legal community, victim advocate organi3 zations, and law enforcement). 

4 (f) ADMINISTRATION.—The Attorney General shall 

5 provide administrative support to the Commission. 

6 SEC. 9. ADOPTION, ACCREDITATION, AND CERTIFICATION. 

7 The Attorney General shall promote the adoption of 

8 forensic science standards developed under section 7, includ9 ing— 

10 (1) by requiring, as appropriate, each laboratory 

11 under the Department of Justice to adopt the forensic 

12 science standards; 

13 (2) by encouraging other Federal forensic labora14 tories to adopt the forensic science standards; 

15 (3) by promoting accreditation and certification 

16 requirements based on the forensic science standards; 

17 and 

18 (4) by promoting any recommendations made by 

19 the Commission for adoption and implementation of 

20 forensic science standards. 

21 SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECH22 NOLOGY FUNCTIONS. 

23 Section 2(b) of the National Institute of Standards and 

24 Technology Act (15 U.S.C. 272(b)) is amended— 


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1 (1) in paragraph (12), by striking ‘‘and’’ after 

2 the semicolon; 

3 (2) in paragraph (13), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(14) to identify and coordinate the development 

7 of voluntary consensus forensic science standards to 

8 enhance the validity and reliability of forensic science 

9 activities.’’. 

10 SEC. 11. EFFECT ON OTHER LAWS. 

11 Nothing in this Act shall be construed to affect or alter 

12 the support and technical assistance for State and local lab13 oratories under part BB of title I of the Omnibus Crime 

14 Control and Safe Streets Act of 1968 (42 U.S.C. 3797j et 

15 seq.). 


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Calendar No. 619 

113TH CONGRESS 

2D SESSION S. 2022 

A BILL 

To establish scientific standards and protocols 

across forensic disciplines, and for other purposes. 

DECEMBER 8, 2014 

Reported with an amendment 


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