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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2022 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Forensic 
Science and Standards Act of 2014''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>Sec. 4. National forensic science research program.
<DELETED>Sec. 5. Forensic science research grants program.
<DELETED>Sec. 6. Forensic science research challenges.
<DELETED>Sec. 7. Forensic science standards.
<DELETED>Sec. 8. Forensic Science Advisory Committee.
<DELETED>Sec. 9. Adoption, accreditation, and certification.
<DELETED>Sec. 10. National Institute of Standards and Technology 
                            functions.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) at the direction of Congress, the National 
        Academy of Sciences led a comprehensive review of the state of 
        forensic science and issued its findings in a 2009 report, 
        ``Strengthening Forensic Science in the United States: A Path 
        Forward'';</DELETED>
        <DELETED>    (2) the report's findings indicate the need for 
        independent scientific research to support the foundation of 
        forensic disciplines;</DELETED>
        <DELETED>    (3) the report stresses the need for standards in 
        methods, data interpretation, and reporting, and the importance 
        of preventing cognitive bias and mitigating human factors; 
        and</DELETED>
        <DELETED>    (4) according to the report, forensic science 
        research is not financially well supported, and there is a need 
        for a unified strategy for developing a forensic science 
        research plan across Federal agencies.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Advisory committee.--The term ``Advisory 
        Committee'' means the Forensic Science Advisory Committee 
        established under section 8.</DELETED>
        <DELETED>    (2) Coordinating office.--The term ``Coordinating 
        Office'' means the National Forensic Science Coordinating 
        Office established under section 4.</DELETED>
        <DELETED>    (3) Forensic science.--</DELETED>
                <DELETED>    (A) In general.--The term ``forensic 
                science'' means the basic and applied scientific 
                research applicable to the collection, evaluation, and 
                analysis of physical evidence, including digital 
                evidence, for use in investigations and legal 
                proceedings, including all tests, methods, 
                measurements, and procedures.</DELETED>
                <DELETED>    (B) Applied scientific research.--In 
                subparagraph (A), the term ``applied scientific 
                research'' means a systematic study to gain knowledge 
                or understanding necessary to determine the means by 
                which a recognized and specific need may be 
                met.</DELETED>
                <DELETED>    (C) Basic scientific research.--In 
                subparagraph (A), the term ``basic scientific 
                research'' means a systematic study directed toward 
                fuller knowledge or understanding of the fundamental 
                aspects of phenomena and of observable facts without 
                specific applications towards processes or 
                products.</DELETED>
        <DELETED>    (4) Standards development organization.--The term 
        ``standards development organization'' means a domestic or an 
        international organization that plans, develops, establishes, 
        or coordinates voluntary consensus standards using procedures 
        that incorporate openness, a balance of interests, consensus, 
        due process, and an appeals process.</DELETED>

<DELETED>SEC. 4. NATIONAL FORENSIC SCIENCE RESEARCH PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--There shall be a national forensic 
science research program to improve, expand, and coordinate Federal 
research in the forensic sciences.</DELETED>
<DELETED>    (b) National Academy of Sciences Report on Forensic 
Science.--The Director of the National Science Foundation shall 
contract with the National Academy of Sciences to develop, not later 
than 180 days after the date of enactment of this Act, a report that--
</DELETED>
        <DELETED>    (1) identifies the most critical forensic science 
        disciplines, which may include forensic pathology and digital 
        forensics, that require further research to strengthen the 
        scientific foundation in those disciplines; and</DELETED>
        <DELETED>    (2) makes recommendations regarding research that 
        will help strengthen the scientific foundation in the forensic 
        science disciplines identified under paragraph (1).</DELETED>
<DELETED>    (c) National Forensic Science Coordinating Office.--
</DELETED>
        <DELETED>    (1) Establishment.--There is established a 
        National Forensic Science Coordinating Office, with a director 
        and full-time staff, to be located at the National Science 
        Foundation. The Director of the Coordinating Office shall be 
        responsible for carrying out the provisions of this 
        subsection.</DELETED>
        <DELETED>    (2) Unified federal research strategy.--The 
        Coordinating Office established under paragraph (1) shall 
        coordinate among relevant Federal departments, agencies, or 
        offices--</DELETED>
                <DELETED>    (A) the development of a unified Federal 
                research strategy that--</DELETED>
                        <DELETED>    (i) specifies and prioritizes the 
                        research necessary to enhance the validity and 
                        reliability of the forensic science 
                        disciplines; and</DELETED>
                        <DELETED>    (ii) is consistent with the 
                        recommendations in the National Academy of 
                        Sciences report on forensic science under 
                        subsection (b);</DELETED>
                <DELETED>    (B) the development of a 5-year roadmap, 
                updated triennially thereafter, for the unified Federal 
                research strategy under subparagraph (A) that includes 
                a description of--</DELETED>
                        <DELETED>    (i) which department, agency, or 
                        office will carry out each specific element of 
                        the unified Federal research 
                        strategy;</DELETED>
                        <DELETED>    (ii) short-term and long-term 
                        priorities and objectives; and</DELETED>
                        <DELETED>    (iii) common metrics and other 
                        evaluation criteria that will be used to assess 
                        progress toward achieving the priorities and 
                        objectives under clause (ii); and</DELETED>
                <DELETED>    (C) any necessary programs, policies, and 
                budgets to support the implementation of the roadmap 
                under subparagraph (B).</DELETED>
        <DELETED>    (3) Additional duties.--The Coordinating Office 
        shall--</DELETED>
                <DELETED>    (A) evaluate annually the national 
                forensic science research program to determine whether 
                it is achieving its objectives; and</DELETED>
                <DELETED>    (B) report annually to Congress the 
                findings under subparagraph (A).</DELETED>
        <DELETED>    (4) Deadlines.--The Coordinating Office shall 
        submit to Congress--</DELETED>
                <DELETED>    (A) not later than 1 year after the date 
                of enactment of this Act, the unified Federal research 
                strategy under paragraph (2)(A);</DELETED>
                <DELETED>    (B) not later than 1 year after the date 
                of enactment of this Act, the initial 5-year roadmap 
                under paragraph (2)(B); and</DELETED>
                <DELETED>    (C) not later than 1 month after the date 
                it is updated, each updated 5-year roadmap under 
                paragraph (2)(B).</DELETED>

<DELETED>SEC. 5. FORENSIC SCIENCE RESEARCH GRANTS PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--Not later than 1 year after the date 
of enactment of this Act, the National Science Foundation shall 
establish a forensic science research grants program to improve the 
foundation and practice of forensic science in the United States based 
on the recommendations in the unified Federal research strategy under 
section 4.</DELETED>
<DELETED>    (b) Merit Review.--Each grant under this section shall be 
awarded on a merit-reviewed, competitive basis.</DELETED>
<DELETED>    (c) Publication.--The National Science Foundation shall 
support, as appropriate, the publication of research results under this 
section in scholarly, peer-reviewed scientific journals.</DELETED>
<DELETED>    (d) Forensic Science Research Centers.--</DELETED>
        <DELETED>    (1) In general.--As part of the forensic science 
        research grants program under subsection (a), the Director of 
        the National Science Foundation shall establish 2 forensic 
        science research centers--</DELETED>
                <DELETED>    (A) to conduct research consistent with 
                the unified Federal research strategy under section 
                4;</DELETED>
                <DELETED>    (B) to build relationships between 
                forensic science practitioners and members of the 
                research community;</DELETED>
                <DELETED>    (C) to encourage and promote the education 
                and training of a diverse group of people to be leaders 
                in the interdisciplinary field of forensic science; 
                and</DELETED>
                <DELETED>    (D) to broadly disseminate the results of 
                the research under subparagraph (A).</DELETED>
        <DELETED>    (2) Terms of designation.--</DELETED>
                <DELETED>    (A) In general.--The Director shall 
                designate each forensic science research center for a 
                4-year term.</DELETED>
                <DELETED>    (B) Revocation.--The Director may revoke a 
                designation under subparagraph (A) if the Director 
                determines that the forensic science research center is 
                not demonstrating adequate performance.</DELETED>
                <DELETED>    (C) Amount of award.--Subject to 
                subsection (f), the Director shall award a grant up to 
                $10,000,000 to each forensic science research center. A 
                grant awarded under this subparagraph shall be for a 
                period of 4 years.</DELETED>
                <DELETED>    (D) Limitation on use of funds.--No funds 
                authorized under this section may be used to construct 
                or renovate a building or structure.</DELETED>
        <DELETED>    (3) Reports.--Each forensic science research 
        center shall submit an annual report to the Director, at such 
        time and in such manner as the Director may require, that 
        contains a description of the activities the center carried out 
        with the funds received under this subsection, including a 
        description of how those activities satisfy the requirement 
        under paragraph (2)(D).</DELETED>
<DELETED>    (e) Evaluation.--</DELETED>
        <DELETED>    (1) In general.--The Director of the National 
        Science Foundation shall conduct a comprehensive evaluation of 
        the forensic science research grants program every 4 years--
        </DELETED>
                <DELETED>    (A) to determine whether the program is 
                achieving the objectives of improving the foundation 
                and practice of forensic science in the United States; 
                and</DELETED>
                <DELETED>    (B) to evaluate the extent to which the 
                program is contributing toward the priorities and 
                objectives described in the roadmap under section 
                4(c)(2)(B).</DELETED>
        <DELETED>    (2) Report to congress.--The Director of the 
        National Science Foundation shall report to Congress the 
        results of each comprehensive evaluation under paragraph 
        (1).</DELETED>
<DELETED>    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to the National Science Foundation to carry out this 
section--</DELETED>
        <DELETED>    (1) $37,000,000 for fiscal year 2014;</DELETED>
        <DELETED>    (2) $40,000,000 for fiscal year 2015;</DELETED>
        <DELETED>    (3) $43,000,000 for fiscal year 2016;</DELETED>
        <DELETED>    (4) $46,000,000 for fiscal year 2017; 
        and</DELETED>
        <DELETED>    (5) $49,000,000 for fiscal year 2018.</DELETED>

<DELETED>SEC. 6. FORENSIC SCIENCE RESEARCH CHALLENGES.</DELETED>

<DELETED>    (a) Prizes and Challenges.--</DELETED>
        <DELETED>    (1) In general.--A Federal department, agency, or 
        office may assist in satisfying the research needs and 
        priorities identified in the unified Federal research strategy 
        under section 4 by using prizes and challenges under the 
        America COMPETES Reauthorization Act (124 Stat. 3982) or under 
        any other provision of law, as appropriate.</DELETED>
        <DELETED>    (2) Purposes.--The purpose of a prize or challenge 
        under this section, among other possible purposes, may be--
        </DELETED>
                <DELETED>    (A) to determine or develop the best data 
                collection practices or analytical methods to evaluate 
                a specific type of forensic data; or</DELETED>
                <DELETED>    (B) to determine the accuracy of an 
                analytical method.</DELETED>
<DELETED>    (b) Forensic Evidence Prizes and Challenges.--</DELETED>
        <DELETED>    (1) In general.--A Federal department, agency, or 
        office, or multiple Federal departments, agencies, or offices 
        in cooperation, carrying out a prize or challenge under this 
        section--</DELETED>
                <DELETED>    (A) may establish a prize advisory board; 
                and</DELETED>
                <DELETED>    (B) shall select each member of the prize 
                advisory board with input from relevant Federal 
                departments, agencies, or offices.</DELETED>
        <DELETED>    (2) Prize advisory board.--The prize advisory 
        board shall--</DELETED>
                <DELETED>    (A) identify 1 or more types of forensic 
                evidence for purposes of a prize or 
                challenge;</DELETED>
                <DELETED>    (B) using the samples under paragraph (3), 
                recommend how to structure a prize or challenge that 
                requires a competitor to develop a forensic data 
                collection practice, an analytical method, or a 
                relevant approach or technology to be tested relative 
                to a known outcome or other proposed judging 
                methodology; and</DELETED>
                <DELETED>    (C) through the Coordinating Office, 
                advise relevant Federal departments, agencies, or 
                offices in designing prizes or challenges that satisfy 
                the research needs and priorities identified in the 
                unified Federal research strategy under section 
                4.</DELETED>
        <DELETED>    (3) Samples.--The National Institute of Standards 
        and Technology or the Department of Justice shall provide or 
        contract with a non-Federal party to prepare, for each type of 
        forensic evidence under paragraph (2)(A), a sufficient set of 
        samples, including associated digital data that could be shared 
        without limitation and physical specimens that could be shared 
        with qualified parties, for purposes of a prize or 
        challenge.</DELETED>
        <DELETED>    (4) Fingerprint data interoperability.--At least 1 
        prize or challenge under this section shall be focused on 
        achieving nationwide fingerprint data interoperability if the 
        prize advisory board, the Coordinating Office, or a Federal 
        department, agency, or office identifies an area where a prize 
        or challenge will assist in satisfying a strategy related to 
        this issue.</DELETED>

<DELETED>SEC. 7. FORENSIC SCIENCE STANDARDS.</DELETED>

<DELETED>    (a) Establishment.--</DELETED>
        <DELETED>    (1) In general.--The National Institute of 
        Standards and Technology shall--</DELETED>
                <DELETED>    (A) identify or coordinate the development 
                of forensic science standards to enhance the validity 
                and reliability of forensic science activities, 
                including--</DELETED>
                        <DELETED>    (i) authoritative methods, 
                        standards, and technical guidance, including 
                        protocols and best practices, for forensic 
                        measurements, analysis, and 
                        interpretation;</DELETED>
                        <DELETED>    (ii) technical standards for 
                        products and services used by forensic science 
                        practitioners;</DELETED>
                        <DELETED>    (iii) standard content, 
                        terminology, and parameters to be used in 
                        reporting and testifying on the results and 
                        interpretation of forensic science 
                        measurements, tests, and procedures; 
                        and</DELETED>
                        <DELETED>    (iv) standards to provide for the 
                        interoperability of forensic science-related 
                        technology and databases;</DELETED>
                <DELETED>    (B) test and validate existing forensics 
                standards, as appropriate; and</DELETED>
                <DELETED>    (C) provide independent validation of 
                forensic science measurements and methods.</DELETED>
        <DELETED>    (2) Consultation.--</DELETED>
                <DELETED>    (A) In general.--In carrying out its 
                responsibilities under paragraph (1), the National 
                Institute of Standards and Technology shall consult 
                with--</DELETED>
                        <DELETED>    (i) standards development 
                        organizations and other stakeholders, including 
                        relevant Federal departments, agencies, and 
                        offices; and</DELETED>
                        <DELETED>    (ii) testing laboratories and 
                        accreditation bodies to ensure that products 
                        and services meet necessary performance 
                        levels.</DELETED>
        <DELETED>    (3) Prioritization.--When prioritizing its 
        responsibilities under paragraph (1), the National Institute of 
        Standards and Technology shall consider--</DELETED>
                <DELETED>    (A) the unified Federal research strategy 
                under section 4; and</DELETED>
                <DELETED>    (B) the recommendations of any expert 
                working group under subsection (b).</DELETED>
        <DELETED>    (4) Report to congress.--The Director of the 
        National Institute of Standards and Technology shall report 
        annually, with the President's budget request, to Congress on 
        the progress in carrying out the National Institute of 
        Standards and Technology's responsibilities under paragraph 
        (1).</DELETED>
<DELETED>    (b) Expert Working Groups.--</DELETED>
        <DELETED>    (1) In general.--The Director of the National 
        Institute of Standards and Technology may establish 1 or more 
        discipline-specific expert working groups to identify gaps, 
        areas of need, and opportunities for standards development with 
        respect to forensic science.</DELETED>
        <DELETED>    (2) Members.--A member of an expert working group 
        shall--</DELETED>
                <DELETED>    (A) be appointed by the Director of the 
                National Institute of Standards and 
                Technology;</DELETED>
                <DELETED>    (B) have significant academic, research, 
                or practical expertise in a discipline of forensic 
                science or in another area relevant to the purpose of 
                the expert working group; and</DELETED>
                <DELETED>    (C) balance scientific rigor with 
                practical and regulatory constraints.</DELETED>
        <DELETED>    (3) Federal advisory committee act.--An expert 
        working group established under this subsection shall not be 
        subject to the Federal Advisory Committee Act (5 U.S.C. 
        App.).</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to the National Institute of Standards and 
Technology to carry out this section--</DELETED>
        <DELETED>    (1) $12,000,000 for fiscal year 2014;</DELETED>
        <DELETED>    (2) $20,000,000 for fiscal year 2015;</DELETED>
        <DELETED>    (3) $27,000,000 for fiscal year 2016;</DELETED>
        <DELETED>    (4) $35,000,000 for fiscal year 2017; 
        and</DELETED>
        <DELETED>    (5) $43,000,000 for fiscal year 2018.</DELETED>

<DELETED>SEC. 8. FORENSIC SCIENCE ADVISORY COMMITTEE.</DELETED>

<DELETED>    (a) Establishment.--The Director of the National Institute 
of Standards and Technology and the Attorney General, in collaboration 
with the Director of the National Science Foundation, shall establish a 
Forensic Science Advisory Committee.</DELETED>
<DELETED>    (b) Duties.--The Advisory Committee shall provide advice 
to--</DELETED>
        <DELETED>    (1) the Federal departments, agencies, and offices 
        implementing the unified Federal research strategy under 
        section 4;</DELETED>
        <DELETED>    (2) the National Institute of Standards and 
        Technology, including recommendations regarding the National 
        Institute of Standards and Technology's responsibilities under 
        section 7; and</DELETED>
        <DELETED>    (3) the Department of Justice, including 
        recommendations regarding the Department of Justice's 
        responsibilities under section 9.</DELETED>
<DELETED>    (c) Subcommittees.--The Advisory Committee may form 
subcommittees related to specific disciplines in forensic science or as 
necessary to further its duties under subsection (b). A subcommittee 
may include an individual who is not a member of the Advisory 
Committee.</DELETED>
<DELETED>    (d) Chairs.--The Director of the National Institute of 
Standards and Technology and the Attorney General, or their designees, 
shall co-chair the Advisory Committee.</DELETED>
<DELETED>    (e) Membership.--The Director of the National Institute of 
Standards and Technology and the Attorney General, in consultation with 
the Director of the National Science Foundation, shall appoint each 
member of the Advisory Committee. The Advisory Committee shall include 
balanced representation between forensic science disciplines (including 
academic scientists, statisticians, social scientists, engineers, and 
representatives of other related scientific disciplines) and relevant 
forensic science applications (including Federal, State, and local 
representatives of the forensic science community, the legal community, 
victim advocate organizations, and law enforcement).</DELETED>
<DELETED>    (f) Administration.--The Attorney General shall provide 
administrative support to the Advisory Committee.</DELETED>
<DELETED>    (g) Federal Advisory Committee Act.--The Advisory 
Committee established under this section shall not be subject to 
section 14 of the Federal Advisory Committee Act (5 U.S.C. 
App.).</DELETED>

<DELETED>SEC. 9. ADOPTION, ACCREDITATION, AND CERTIFICATION.</DELETED>

<DELETED>    The Attorney General--</DELETED>
        <DELETED>    (1) shall promote the adoption of forensic science 
        standards developed under section 7, including--</DELETED>
                <DELETED>    (A) by requiring each Federal forensic 
                laboratory to adopt the forensic science 
                standards;</DELETED>
                <DELETED>    (B) by encouraging each non-Federal 
                forensic laboratory to adopt the forensic science 
                standards;</DELETED>
                <DELETED>    (C) by promoting accreditation and 
                certification requirements based on the forensic 
                science standards; and</DELETED>
                <DELETED>    (D) by promoting any recommendations made 
                by the Advisory Committee for adoption and 
                implementation of forensic science standards; 
                and</DELETED>
        <DELETED>    (2) may promote the adoption of the forensic 
        science standards as a condition of Federal funding or for 
        inclusion in national data sets.</DELETED>

<DELETED>SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
              FUNCTIONS.</DELETED>

<DELETED>    Section 2(b) of the National Institute of Standards and 
Technology Act (15 U.S.C. 272(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (12), by striking ``and'' after 
        the semicolon;</DELETED>
        <DELETED>    (2) in paragraph (13), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(14) to identify and coordinate the development 
        of forensic science standards to enhance the validity and 
        reliability of forensic science activities.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Forensic Science 
and Standards Act of 2014''.
    (b) Table of Contents.--The table of contents of this 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.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) at the direction of Congress, the National Academy of 
        Sciences led a comprehensive review of the state of forensic 
        science and issued its findings in a 2009 report, 
        ``Strengthening Forensic Science in the United States: A Path 
        Forward'';
            (2) the report states that research is needed to address 
        issues of accuracy, reliability, and validity in the forensic 
        disciplines;
            (3) the report stresses the need for standards in methods, 
        data interpretation, and reporting, and the importance of 
        preventing cognitive bias and mitigating human factors; and
            (4) according to the report, forensic science research is 
        not financially well supported, and there is a need for a 
        unified strategy for developing a forensic science research 
        plan across Federal agencies.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Commerce, Science, and Transportation and the Committee on the 
        Judiciary of the Senate and the Committee on Science and the 
        Committee on the Judiciary of the House of Representatives.
            (2) Commission.--The term ``Commission'' means the National 
        Commission on Forensic Science, a Federal advisory committee 
        established under section 8.
            (3) Coordinating office.--The term ``Coordinating Office'' 
        means the National Forensic Science Coordinating Office 
        established under section 4.
            (4) Forensic science.--
                    (A) In general.--The term ``forensic science'' 
                means the basic and applied scientific research and its 
                application, including all tests, methods, techniques, 
                measurements, and procedures, to the recognition, 
                collection, preservation, evaluation, and analysis of 
                evidence for use in investigations and legal 
                proceedings.
                    (B) Applied scientific research.--In subparagraph 
                (A), the term ``applied scientific research'' means a 
                systematic study to gain knowledge or understanding 
                necessary to determine the means by which a recognized 
                and specific need may be met.
                    (C) Basic scientific research.--In subparagraph 
                (A), the term ``basic scientific research'' means a 
                systematic study directed toward fuller knowledge or 
                understanding of the fundamental aspects of phenomena 
                and of observable facts without specific applications 
                towards processes or products in mind.
            (5) Interagency committee.--The term ``Interagency 
        Committee'' means the interagency forensic science committee 
        established under section 4.
            (6) Standards development organization.--The term 
        ``standards development organization'' means a domestic or an 
        international organization that plans, develops, establishes, 
        or coordinates voluntary consensus standards using procedures 
        that incorporate openness, a balance of interests, consensus, 
        due process, and an appeals process.

SEC. 4. NATIONAL FORENSIC SCIENCE RESEARCH INITIATIVE.

    (a) Establishment.--There shall be a National Forensic Science 
Research Initiative to improve, expand, and coordinate Federal research 
in the forensic sciences. Federal participation shall include the 
National Science Foundation, the National Institute of Standards and 
Technology, the Department of Justice, and other Federal departments, 
agencies, and offices contributing to research in forensic science.
    (b) National Forensic Science Coordinating Office.--
            (1) Establishment.--There is established a National 
        Forensic Science Coordinating Office, with a full-time director 
        and additional staff, as needed, to be located at the Office of 
        Science and Technology Policy.
            (2) Director.--The Director of the Coordinating Office 
        shall be a senior Federal agency manager with expertise 
        relevant to forensic science detailed to the Office of Science 
        and Technology Policy for a period of 3 years. Responsibility 
        for providing a director shall rotate among the Federal 
        departments, agencies, or offices participating in the National 
        Forensic Science Research Initiative.
            (3) Duties of the director.--The Director shall be 
        responsible for carrying out the provisions of this section, 
        including coordinating the development of a unified Federal 
        research strategy under subsection (e), working with the 
        Federal departments, agencies, and offices to execute the 
        research strategy, coordinating the interagency forensic 
        science committee established in subsection (c), and overseeing 
        periodic reviews of the initiative.
            (4) Funding.--Responsibility to fund the Coordinating 
        Office shall be shared by the Federal departments, agencies, 
        and offices participating in the National Forensic Science 
        Research Initiative. The Federal departments, agencies, and 
        offices participating in the National Forensic Science Research 
        Initiative may dedicate additional full- or part-time staff to 
        the Coordinating Office, as appropriate, to sustain ongoing 
        activities, facilitate special studies, and provide additional 
        support.
    (c) Interagency Forensic Science Committee.--There is established 
an interagency forensic science committee. The Interagency Committee 
shall be co-chaired by the Director of the Coordinating Office and a 
senior Federal agency scientist with expertise relevant to forensic 
science from a Federal department, agency, or office participating in 
the National Forensic Science Research Initiative. Committee members 
shall include representatives from the National Science Foundation, the 
National Institute of Standards and Technology, the Department of 
Justice, the Department of Homeland Security, the Department of 
Defense, and other Federal departments, agencies, and offices 
contributing to research in forensic science.
    (d) Report on Forensic Science.--Not later than 180 days after the 
date of enactment of this Act--
            (1) the Director of the National Science Foundation, in 
        consultation with the Director of the Coordinating Office, 
        shall contract with the National Academy of Sciences, or a 
        similar external, independent science entity, to develop a 
        report that--
                    (A) identifies the most critical forensic science 
                disciplines that require further research to strengthen 
                the scientific foundation in those disciplines;
                    (B) makes recommendations regarding research that 
                will help strengthen the scientific foundation in the 
                forensic science disciplines identified under 
                subparagraph (A) and mechanisms to accomplish that 
                research;
                    (C) takes into account previous studies and 
                reports; and
                    (D) takes into account the expertise and needs of 
                Federal, State, and local forensic science 
                practitioners, law enforcement, the legal community, 
                victim advocate organizations, and organizations that 
                defend the wrongfully convicted; and
            (2) the entity contracted under paragraph (1) shall submit 
        the report under that paragraph to the Director of the National 
        Science Foundation, the Director of the Coordinating Office, 
        the Attorney General, and the appropriate committees of 
        Congress.
    (e) Unified Federal Research Strategy.--The Director of the 
Coordinating Office, in coordination with the Interagency Committee, 
shall oversee--
            (1) the development of a unified Federal research strategy 
        that--
                    (A) specifies and prioritizes the research 
                necessary to enhance the validity and reliability of 
                the forensic science disciplines;
                    (B) is consistent with the recommendations in the 
                report on forensic science under subsection (d); and
                    (C) takes into account practical applications and 
                implementation of the research;
            (2) the development of a 5-year roadmap, updated 
        triennially thereafter, for the implementation of the unified 
        Federal research strategy under paragraph (1) that includes a 
        description of--
                    (A) which Federal department, agency, or office 
                will carry out each specific element of the unified 
                Federal research strategy;
                    (B) short-term and long-term priorities and 
                objectives; and
                    (C) common metrics and other evaluation criteria 
                that will be used to assess progress toward achieving 
                the priorities and objectives under subparagraph (B); 
                and
            (3) the development of any necessary programs, policies, 
        and budgets to support the implementation of the roadmap under 
        paragraph (2), including mechanisms for joint-agency review of 
        research proposals, for interagency co-funding of research 
        activities, and for information sharing across agencies.
    (f) Consultation.--In developing and implementing the unified 
Federal research strategy and roadmap, the Director of the Coordinating 
Office shall consult with State and local laboratories, as appropriate, 
to ensure that the unified Federal research strategy and roadmap take 
into account practical applications and implementations of the research 
under subsection (e)(1)(C).
    (g) Evaluation.--The Director of the Coordinating Office, in 
coordination with the Interagency Committee, shall--
            (1) evaluate biennially the National Forensic Science 
        Research Initiative to ensure that all activities under this 
        section, including research conducted under external grant 
        activities, and through multidisciplinary research centers or 
        centers of excellence, meet the goals established by the 
        unified Federal research strategy and implementation of the 5-
        year roadmap; and
            (2) report biennially to the appropriate committees of 
        Congress the findings under paragraph (1).
    (h) Deadlines.--The Director of the Coordinating Office shall 
submit to the appropriate committees of Congress--
            (1) not later than 180 days after the date of receipt of 
        the report on forensic science under subsection (d), the 
        unified Federal research strategy under subsection (e)(1);
            (2) not later than 180 days after the date of receipt of 
        the report on forensic science under subsection (d), the 
        initial 5-year roadmap under subsection (e)(2); and
            (3) not later than 1 month after the date it is updated, 
        each updated 5-year roadmap under subsection (e)(2).

SEC. 5. IMPLEMENTATION OF FORENSIC SCIENCE RESEARCH RECOMMENDATIONS.

    (a) Establishment.--Federal departments, agencies, and offices 
participating in the National Forensic Science Research Initiative, 
including the National Science Foundation, the National Institute of 
Standards and Technology, and the Department of Justice, in partnership 
with the Director of the Coordinating Office, shall improve the 
foundation and practice of forensic science in the United States by--
            (1) conducting or supporting research consistent with the 
        unified Federal research strategy under section 4;
            (2) building relationships between forensic science 
        practitioners and members of the research community;
            (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 under 
        paragraph (1).
    (b) External Grant Activities.--All external forensic science 
research grants awarded by the Federal departments, agencies, or 
offices under this section shall be consistent with the merit review 
criteria as approved by the National Science Board and described in the 
National Science Foundation Proposal and Award Policies and Procedures 
Guide, including--
            (1) the ability of each proposed research activity to 
        advance knowledge and understanding relevant to the forensic 
        sciences and to benefit society or advance desired societal 
        outcomes;
            (2) the potential for the research activity to explore 
        creative, original, or transformative concepts;
            (3) the qualifications of the individual, team, or 
        organization proposing the research activity and the adequacy 
        of the research plan; and
            (4) the adequacy of the resources available to the 
        individual, team, or organization proposing the research 
        activity.
    (c) Publication.--All research conducted from grants awarded under 
this section by the Federal departments, agencies, or offices shall 
take into consideration the requirements of peer-reviewed scientific 
journals, and encourage the communication and open exchange of data and 
results to other agencies, policymakers, and the public.
    (d) Grant Activities.--The National Science Foundation shall award 
grants to improve the foundation of forensic science in the United 
States. Additional mechanisms for implementation may include 
interagency solicitations, workshops, interagency details and memoranda 
of understanding, cooperative research centers, pilot programs, and 
demonstration projects.
    (e) Forensic Science Research Centers.--
            (1) Multidisciplinary research centers.--
                    (A) In general.--As part of the National Forensic 
                Science Research Initiative, taking into account the 
                unified Federal research strategy under section 4(e), 
                as informed by the report on forensic science required 
                under section 4(d), the Director of the National 
                Science Foundation, in collaboration with other Federal 
                departments, agencies, and offices contributing to 
                research in forensic science, shall establish 1 or more 
                multidisciplinary research centers led by public-
                private partnerships between universities, industry, 
                State or local entities, and Federal agencies. Each 
                multidisciplinary research center shall be created with 
                the following objectives:
                            (i) Conducting basic and translational 
                        research relevant for forensic science.
                            (ii) Encouraging the application of the 
                        research under clause (i) to practical uses.
                            (iii) Educating undergraduate and graduate 
                        students and developing a workforce in fields 
                        relevant to forensic science.
                    (B) Evaluation.--The Director of the National 
                Science Foundation shall conduct a comprehensive 
                evaluation of the forensic science research grants 
                awarded by the National Science Foundation and 
                multidisciplinary research centers every 4 years--
                            (i) to determine whether the National 
                        Science Foundation is achieving the objectives 
                        of improving the foundation of forensic science 
                        in the United States; and
                            (ii) to evaluate the extent to which the 
                        National Science Foundation is contributing 
                        toward the priorities and objectives described 
                        in the roadmap under section 4(e).
                    (C) Reporting requirement.--The Director of the 
                National Science Foundation shall report to the 
                appropriate committees of Congress and the Director of 
                the Coordinating Office the results of each 
                comprehensive evaluation under subparagraph (B).
            (2) Center of excellence.--
                    (A) In general.--The Director of the National 
                Institute of Standards and Technology shall establish 
                and operate a competitively selected Center of 
                Excellence focusing on measurement sciences, 
                technology, and standards in forensic science with the 
                following objectives:
                            (i) To improve the standards of practice in 
                        the forensic sciences in the United States.
                            (ii) To produce research collaborations 
                        between the National Institute of Standards and 
                        Technology, academia, forensic science 
                        practitioners, and industry focused on 
                        accelerating innovations and new technology 
                        development in the forensic sciences.
                            (iii) To fund the development of new 
                        forensics techniques, including automated 
                        testing methodologies, and to help transition 
                        these techniques to industry and practitioners.
                            (iv) To fund the evaluation of new and 
                        existing forensic techniques in terms of 
                        reliability, cost effectiveness, and other 
                        metrics, as appropriate, and to help transition 
                        these techniques to industry and practitioners.
                            (v) To provide training opportunities for 
                        undergraduate, graduate, and post-doctoral 
                        students in measurement science, as is relevant 
                        to the forensic disciplines.
                            (vi) To encourage interdisciplinary 
                        research in the forensic sciences by leveraging 
                        access to unique National Institute of 
                        Standards and Technology facilities and 
                        expertise, as appropriate.
                            (vii) To broadly disseminate the results of 
                        the National Institute of Standards and 
                        Technology forensic science research.
                    (B) Evaluation.--The Director of the National 
                Institute of Standards and Technology shall conduct a 
                comprehensive evaluation of the Center of Excellence 
                every 4 years--
                            (i) to determine whether the Center of 
                        Excellence is achieving the objectives outlined 
                        in subparagraph (A);
                            (ii) to evaluate the extent to which the 
                        Center of Excellence is contributing toward the 
                        priorities and objectives described in the 
                        roadmap under section 4(e).
                    (C) Report requirement.--The Director of the 
                National Institute of Standards and Technology shall 
                report to the appropriate committees of Congress and 
                the Director of the Coordinating Office the results of 
                each comprehensive evaluation under subparagraph (B).

SEC. 6. FORENSIC SCIENCE RESEARCH CHALLENGES.

    (a) Prizes and Challenges.--
            (1) In general.--A Federal department, agency, or office 
        may assist in satisfying the research needs and priorities 
        identified in the unified Federal research strategy under 
        section 4 by using prizes and challenges under the America 
        COMPETES Reauthorization Act (124 Stat. 3982) or under any 
        other provision of law, as appropriate.
            (2) Purposes.--The purpose of a prize or challenge under 
        this section, among other possible purposes, may be--
                    (A) to determine or develop the best data 
                collection practices or analytical methods to evaluate 
                a specific type of forensic data;
                    (B) to quantify or improve the efficiency, 
                reliability, or accuracy of an analytical method;
                    (C) to design new methodologies to integrate 
                evidence collection, documentation, and analysis at 
                crime scenes; or
                    (D) to address other topics as proposed by the 
                forensic science community.
    (b) Forensic Data Sets.--The National Institute of Standards and 
Technology or the Department of Justice shall provide or contract with 
a non-Federal party to prepare, when necessary, for each prize carried 
out under this section, a sufficient set of data or samples, including 
associated digital data that could be shared without limitation and 
physical specimens that could be shared with qualified parties, for 
purposes of a prize or challenge.

SEC. 7. FORENSIC SCIENCE STANDARDS.

    (a) Establishment.--
            (1) In general.--To enhance the validity and reliability of 
        forensic science activities, the National Institute of 
        Standards and Technology shall--
                    (A) identify and coordinate the development of 
                voluntary consensus forensic science standards, 
                including--
                            (i) methods, standards, and technical 
                        guidance, including protocols and best 
                        practices, for analysis and interpretation;
                            (ii) technical standards useful in the 
                        development of products employed by forensic 
                        science practitioners;
                            (iii) standard content, terminology, and 
                        parameters to be used in reporting the results 
                        and interpretation of forensic science 
                        measurements, tests, and procedures; and
                            (iv) standards for the interoperability of 
                        forensic science-related technology and 
                        databases;
                    (B) develop forensic science measurement standards, 
                standard reference materials, and other reference 
                materials to support forensic science disciplines and 
                associated measurements;
                    (C) test and validate existing forensics science 
                standards, as appropriate; and
                    (D) provide independent validation of forensic 
                science measurements and methods.
            (2) Consultation.--
                    (A) In general.--In carrying out its 
                responsibilities under paragraph (1), the National 
                Institute of Standards and Technology shall consult 
                with, and in carrying out its responsibilities under 
                paragraph (1)(A) may partner or contract with--
                            (i) standards development organizations and 
                        other stakeholders, including the Department of 
                        Justice and other relevant Federal departments, 
                        agencies, and offices; and
                            (ii) testing laboratories, State and local 
                        forensic science practitioners, and 
                        certification and accreditation bodies, as 
                        appropriate.
            (3) Prioritization.--When prioritizing its responsibilities 
        under paragraph (1), the National Institute of Standards and 
        Technology shall consider--
                    (A) the unified Federal research strategy and 
                roadmap under section 4; and
                    (B) the recommendations of the scientific area 
                committees under subsection (b).
            (4) Public review and comment.--The Director of the 
        National Institute of Standards and Technology shall ensure 
        that any proposed voluntary consensus standards, guidelines, or 
        methods developed under this section are publically available, 
        and that the forensic community has an opportunity for public 
        review and comment on voluntary consensus standards.
            (5) Report to congress.--The Director of the National 
        Institute of Standards and Technology shall report biennially 
        to the appropriate committees of Congress on the progress in 
        carrying out the National Institute of Standards and 
        Technology's responsibilities under paragraph (1).
    (b) Scientific Area Committees.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology and the Attorney General shall 
        establish scientific area committees to identify gaps in and 
        opportunities for standards development in the forensic 
        sciences. The scientific area committees shall report to and be 
        administered by the Director of the National Institute of 
        Standards and Technology.
            (2) Duties.--The scientific area committees shall be the 
        primary mechanism for identifying and coordinating the 
        development of voluntary consensus forensic science standards 
        as described in subsection (a). The scientific area committees 
        shall submit, for consideration by forensic science 
        stakeholders and by the Commission established in section 8, 
        guidance on these forensic science standards. In accomplishing 
        this objective, the scientific area committees shall--
                    (A) encourage information exchange within the 
                forensic science community, to include researchers, 
                practitioners, law enforcement, and legal 
                professionals;
                    (B) ensure that standards development is 
                appropriate to the needs of the forensic science 
                community and relevant to practical applications;
                    (C) take into account existing studies and reports; 
                and
                    (D) by holding public meetings and disseminating 
                work products, including records, reports, minutes, and 
                agendas, for public review and comment to the extent 
                practicable, support public participation in the 
                standards development process and the broad adoption of 
                forensic science standards.
            (3) Members.--The scientific area committees shall have 
        significant representation from forensic science practitioners, 
        academic researchers, and statisticians to balance scientific 
        rigor with practical and regulatory constraints, and, to the 
        extent practicable, the majority of the scientific area 
        committees shall have a minimum representation of 50 percent 
        from forensic science practitioners. Each member of a 
        scientific area committee shall have significant academic, 
        research, or practical expertise in a discipline of forensic 
        science or in another area relevant to the purpose of the 
        scientific area committee.
            (4) Federal advisory committee act.--A scientific area 
        committee established under this subsection shall not be 
        subject to the Federal Advisory Committee Act (5 U.S.C. App.).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated out of otherwise available appropriations to the National 
Institute of Standards and Technology to carry out this section--
            (1) $8,000,000 for fiscal year 2014;
            (2) $12,000,000 for fiscal year 2015; and
            (3) $16,000,000 for fiscal year 2016.

SEC. 8. NATIONAL COMMISSION ON FORENSIC SCIENCE.

    (a) Establishment.--The Director of the National Institute of 
Standards and Technology and the Attorney General, in consultation with 
the Director of the National Science Foundation, shall establish a 
National Commission on Forensic Science.
    (b) Duties.--The Commission shall--
            (1) provide advice to the Federal departments, agencies, 
        and offices implementing the unified Federal research strategy 
        under section 4;
            (2) provide advice to the National Institute of Standards 
        and Technology, including recommendations regarding the 
        National Institute of Standards and Technology's 
        responsibilities under section 7;
            (3) receive and review guidance on standards setting from 
        the scientific area committees established under section 7 and, 
        based on this guidance, advise the Department of Justice on the 
        promotion of forensic science standards; and
            (4) provide advice to the Department of Justice, including 
        recommendations regarding the development of a forensic science 
        uniform code of professional responsibility and the Department 
        of Justice's responsibilities under section 9.
    (c) Subcommittees.--The Commission may form subcommittees related 
to specific disciplines in forensic science or as necessary to further 
its duties under subsection (b). A subcommittee may include an 
individual who is not a member of the Commission.
    (d) Chairs.--The Director of the National Institute of Standards 
and Technology and the Attorney General, or their designees, shall co-
chair the Commission.
    (e) Membership.--The Director of the National Institute of 
Standards and Technology and the Attorney General, in consultation with 
the Director of the National Science Foundation, shall appoint each 
member of the Commission. The Commission shall include balanced 
representation between forensic science disciplines (including academic 
scientists, statisticians, social scientists, engineers, and 
representatives of other related scientific disciplines) and relevant 
forensic science applications (including Federal, State, and local 
representatives of the forensic science community, the legal community, 
victim advocate organizations, and law enforcement).
    (f) Administration.--The Attorney General shall provide 
administrative support to the Commission.

SEC. 9. ADOPTION, ACCREDITATION, AND CERTIFICATION.

    The Attorney General shall promote the adoption of forensic science 
standards developed under section 7, including--
            (1) by requiring, as appropriate, each laboratory under the 
        Department of Justice to adopt the forensic science standards;
            (2) by encouraging other Federal forensic laboratories to 
        adopt the forensic science standards;
            (3) by promoting accreditation and certification 
        requirements based on the forensic science standards; and
            (4) by promoting any recommendations made by the Commission 
        for adoption and implementation of forensic science standards.

SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FUNCTIONS.

    Section 2(b) of the National Institute of Standards and Technology 
Act (15 U.S.C. 272(b)) is amended--
            (1) in paragraph (12), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (13), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(14) to identify and coordinate the development of 
        voluntary consensus forensic science standards to enhance the 
        validity and reliability of forensic science activities.''.

SEC. 11. EFFECT ON OTHER LAWS.

    Nothing in this Act shall be construed to affect or alter the 
support and technical assistance for State and local laboratories under 
part BB of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797j et seq.).
                                                       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
```