I 

113TH CONGRESS 

1ST SESSION H. R. 3064 

To establish scientific standards and protocols across forensic disciplines, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 9, 2013 

Ms. EDDIE BERNICE JOHNSON of Texas (for herself and Mr. VEASEY) introduced the following bill; which was referred to the Committee on Science, 

Space, and Technology, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

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 2013’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 


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Sec. 4. National forensic science research program. 

Sec. 5. Forensic science research at the National Science Foundation. 

Sec. 6. Forensic science research challenges. 

Sec. 7. Forensic science standards and research at the National Institute of 

Standards and Technology. 

Sec. 8. Forensic Science Advisory Committee. 

Sec. 9. Adoption, accreditation, and certification. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

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

4 Academy of Sciences led a comprehensive review of 

5 the state of forensic science and issued its findings 

6 in a 2009 report, ‘‘Strengthening Forensic Science 

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

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

9 independent scientific research to support the foun10 dation of forensic disciplines; 

11 (3) the report stresses the need for standards 

12 in methods, data interpretation, and reporting, and 

13 the importance of preventing cognitive bias and miti14 gating human factors; and 

15 (4) according to the report, forensic science re16 search is not financially well supported, and there is 

17 a need for a unified strategy for developing a foren18 sic science research plan across Federal agencies. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 


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1 (1) ADVISORY COMMITTEE.—The term ‘‘Advi2 sory Committee’’ means the Forensic Science Advi3 sory Committee established under section 8. 

4 (2) COORDINATING OFFICE.—The term ‘‘Co5 ordinating Office’’ means the National Forensic 

6 Science Coordinating Office established under sec7 tion 4. 

8 (3) FORENSIC SCIENCE.—The term ‘‘forensic 

9 science’’ means the basic and applied scientific re10 search applicable to the collection, evaluation, and 

11 analysis of physical evidence, including digital evi12 dence, for use in investigations and legal pro13 ceedings, including all tests, methods, measure14 ments, and procedures. 

15 (4) STANDARDS DEVELOPMENT ORGANIZA16 TION.—The term ‘‘standards development organiza17 tion’’ means a domestic or an international organiza18 tion that plans, develops, establishes, or coordinates 

19 voluntary consensus standards using procedures that 

20 incorporate openness, a balance of interests, con21 sensus, due process, and an appeals process. 


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1 SEC. 4. NATIONAL FORENSIC SCIENCE RESEARCH PRO2 GRAM. 

3 (a) ESTABLISHMENT.—There shall be a national fo4 rensic science research program to improve, expand, and 

5 coordinate Federal research in the forensic sciences. 

6 (b) NATIONAL ACADEMIES REPORT ON FORENSIC

7 SCIENCE.—The Director of the National Science Founda8 tion, in consultation with the Director of the National In9 stitute of Standards and Technology, shall enter into an 

10 arrangement with the National Academies to develop, not 

11 later than 180 days after the date of enactment of this 

12 Act, a report that— 

13 (1) identifies the most critical forensic science 

14 disciplines, which may include forensic pathology 

15 and digital forensics, that require further research to 

16 strengthen the scientific foundation in those dis17 ciplines; 

18 (2) makes recommendations regarding research 

19 that will help strengthen the scientific foundation in 

20 the forensic science disciplines identified under para21 graph (1); and 

22 (3) makes recommendations regarding the mix 

23 of funding mechanisms that might be most effective 

24 at advancing the research identified in paragraph 

25 (2). 


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1 (c) NATIONAL FORENSIC SCIENCE COORDINATING

2 OFFICE.— 

3 (1) ESTABLISHMENT.—There is established a 

4 National Forensic Science Coordinating Office, with 

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

6 National Institute of Standards and Technology. 

7 The Director of the Coordinating Office shall be re8 sponsible for carrying out the provisions of this sub9 section. 

10 (2) UNIFIED FEDERAL RESEARCH STRATEGY.— 

11 The Coordinating Office shall coordinate among rel12 evant Federal departments, agencies, or offices— 

13 (A) the development of a unified Federal 

14 research strategy that— 

15 (i) specifies and prioritizes the re16 search necessary to enhance the validity 

17 and reliability of the forensic science dis18 ciplines; and 

19 (ii) is consistent with the rec20 ommendations in the National Academies 

21 report on forensic science under subsection 

22 (b); 

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

24 updated triennially thereafter, for the unified 


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1 Federal research strategy under subparagraph 

2 (A) that includes a description of— 

3 (i) which department, agency, or of4 fice will carry out each specific element of 

5 the unified Federal research strategy; 

6 (ii) short-term and long-term prior7 ities and objectives; and 

8 (iii) common metrics and other eval9 uation criteria that will be used to assess 

10 progress toward achieving the priorities 

11 and objectives under clause (ii); and 

12 (C) any necessary programs, policies, and 

13 budgets to support the implementation of the 

14 roadmap under subparagraph (B). 

15 (3) ANNUAL REPORT.—The Coordinating Office 

16 shall submit an annual report to Congress, not later 

17 than 90 days after the submission of the President’s 

18 annual budget request, that includes the budget for 

19 the program established under this section for each 

20 agency that participates in the program, including 

21 for all activities pursuant to sections 5, 6, and 7. 

22 (4) DEADLINES.—The Coordinating Office shall 

23 submit to Congress— 


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

2 enactment of this Act, the unified Federal re3 search strategy under paragraph (2)(A); 

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

5 enactment of this Act, the initial 5-year road6 map under paragraph (2)(B); and 

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

8 it is updated, each updated 5-year roadmap 

9 under paragraph (2)(B). 

10 SEC. 5. FORENSIC SCIENCE RESEARCH AT THE NATIONAL 

11 SCIENCE FOUNDATION. 

12 (a) GRANTS.—The National Science Foundation 

13 shall award forensic science basic research grants to im14 prove the foundation and practice of forensic science in 

15 the United States, consistent with the Foundation’s mis16 sion and the recommendations in the unified Federal re17 search strategy under section 4. 

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

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

20 (c) FORENSIC SCIENCE RESEARCH CENTERS.— 

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

22 Science Foundation shall award grants to support 

23 one or more forensic science research centers— 


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1 (A) to conduct research consistent with the 

2 unified Federal research strategy under section 

3 4 and with the Foundation’s mission; 

4 (B) to help build relationships between fo5 rensic science practitioners and members of the 

6 research community; 

7 (C) to encourage and promote the edu8 cation and training of a diverse group of people 

9 to be leaders in the interdisciplinary field of fo10 rensic science; and 

11 (D) to broadly disseminate the results of 

12 the research under subparagraph (A). 

13 (2) LIMITATION ON USE OF FUNDS.—No funds 

14 authorized under this section may be used to con15 struct or renovate a building or structure. 

16 (3) REPORTS.—Each forensic science research 

17 center shall submit an annual report to the Director 

18 of the National Science Foundation, at such time 

19 and in such manner as the Director may require, 

20 that contains a description of the activities the cen21 ter carried out with the funds received under this 

22 section. 

23 (d) EVALUATION.— 

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

25 Science Foundation shall conduct a comprehensive 


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1 evaluation of its full portfolio of forensic science re2 search and education grants every 4 years— 

3 (A) to determine whether the research sup4 ported under the grants is contributing to the 

5 objectives of improving the foundation and 

6 practice of forensic science in the United 

7 States; and 

8 (B) to evaluate the extent to which the re9 search is contributing toward the priorities and 

10 objectives described in the roadmap under sec11 tion 4(c)(2)(B). 

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

13 the National Science Foundation shall report to 

14 Congress the results of each comprehensive evalua15 tion under paragraph (1). 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the National Science 

18 Foundation to carry out this section— 

19 (1) $34,000,000 for fiscal year 2014; 

20 (2) $37,000,000 for fiscal year 2015; 

21 (3) $40,000,000 for fiscal year 2016; 

22 (4) $43,000,000 for fiscal year 2017; and 

23 (5) $46,000,000 for fiscal year 2018. 

24 SEC. 6. FORENSIC SCIENCE RESEARCH CHALLENGES. 

25 (a) PRIZES AND CHALLENGES.— 


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1 (1) IN GENERAL.—A Federal department, agen2 cy, or office may assist in satisfying the research 

3 needs and priorities identified in the unified Federal 

4 research strategy under section 4 by using prizes 

5 and challenges under section 24 of the Stevenson6 Wydler Technology Innovation Act of 1980 (15 

7 U.S.C. 3719) or under any other provision of law, 

8 as appropriate. 

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

10 challenge under this section, among other possible 

11 purposes, may be— 

12 (A) to determine or develop the best data 

13 collection practices or analytical methods to 

14 evaluate a specific type of forensic data; or 

15 (B) to determine the accuracy of an ana16 lytical method. 

17 (b) FORENSIC EVIDENCE PRIZES AND CHAL18 LENGES.— 

19 (1) IN GENERAL.—A Federal department, agen20 cy, or office, or multiple Federal departments, agen21 cies, or offices in cooperation, carrying out a prize 

22 or challenge under this section— 

23 (A) may establish a prize advisory board; 

24 and 


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1 (B) shall consult with the Advisory Com2 mittee on the appropriateness of the prize or 

3 challenge to satisfy the research needs and pri4 orities identified in the unified Federal research 

5 strategy under section 4. 

6 (2) SAMPLES.—The National Institute of 

7 Standards and Technology or the Department of 

8 Justice shall provide or contract with a non-Federal 

9 party to prepare a sufficient set of samples, includ10 ing associated digital data that could be shared with11 out limitation and physical specimens that could be 

12 shared with qualified parties, for purposes of a prize 

13 or challenge. 

14 (3) FINGERPRINT DATA INTEROPERABILITY.— 

15 At least 1 prize or challenge under this section shall 

16 be focused on achieving nationwide fingerprint data 

17 interoperability if the prize advisory board, the Co18 ordinating Office, or a Federal department, agency, 

19 or office identifies an area where a prize or challenge 

20 will assist in satisfying a strategy related to this 

21 issue. 

22 SEC. 7. FORENSIC SCIENCE STANDARDS AND RESEARCH AT 

23 THE NATIONAL INSTITUTE OF STANDARDS 

24 AND TECHNOLOGY. 

25 (a) ESTABLISHMENT.— 


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

2 Standards and Technology shall— 

3 (A) conduct research supporting the devel4 opment and dissemination of methods, stand5 ards, and technical guidance for forensic science 

6 measurements; 

7 (B) identify or coordinate the development 

8 of forensic science standards to enhance the va9 lidity and reliability of forensic science activi10 ties, including— 

11 (i) authoritative methods, standards, 

12 and technical guidance, including protocols 

13 and best practices, for forensic measure14 ments, analysis, and interpretation; 

15 (ii) technical standards for products 

16 and services used by forensic science prac17 titioners; 

18 (iii) standard content, terminology, 

19 and parameters to be used in reporting 

20 and testifying on the results and interpre21 tation of forensic science measurements, 

22 tests, and procedures; and 

23 (iv) standards to provide for the inter24 operability of forensic science-related tech25 nology and databases; and 


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1 (C) test and validate existing forensics 

2 standards, measurements, and methods as ap3 propriate. 

4 (2) CONSULTATION.— 

5 (A) IN GENERAL.—In carrying out its re6 sponsibilities under paragraph (1), the National 

7 Institute of Standards and Technology shall 

8 consult with— 

9 (i) standards development organiza10 tions and other stakeholders, including rel11 evant Federal departments, agencies, and 

12 offices; and 

13 (ii) testing laboratories and accredita14 tion bodies. 

15 (3) PRIORITIZATION.—When prioritizing its re16 sponsibilities under paragraph (1), the National In17 stitute of Standards and Technology shall con18 sider— 

19 (A) the unified Federal research strategy 

20 under section 4; and 

21 (B) the recommendations of any expert 

22 working group under subsection (b). 

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

24 the National Institute of Standards and Technology 

25 shall report every 2 years, not later than 90 days 


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1 after the submission of the President’s budget re2 quest, to Congress on the progress in carrying out 

3 the National Institute of Standards and Tech4 nology’s responsibilities under paragraph (1). 

5 (b) EXPERT WORKING GROUPS.— 

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

7 Institute of Standards and Technology may establish 

8 one or more discipline-specific expert working groups 

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

10 standards development with respect to forensic 

11 science. Each working group shall balance scientific 

12 rigor with practical and regulatory constraints. 

13 (2) MEMBERS.—A member of an expert work14 ing group shall— 

15 (A) be appointed by the Director of the 

16 National Institute of Standards and Tech17 nology; and 

18 (B) have significant academic, research, or 

19 practical expertise in a discipline of forensic 

20 science or in another area relevant to the pur21 pose of the expert working group. 

22 (3) FEDERAL ADVISORY COMMITTEE ACT.—An 

23 expert working group established under this sub24 section shall not be subject to the Federal Advisory 

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


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the National Institute 

3 of Standards and Technology to carry out this section— 

4 (1) $5,000,000 for fiscal year 2014; 

5 (2) $12,000,000 for fiscal year 2015; 

6 (3) $20,000,000 for fiscal year 2016; 

7 (4) $27,000,000 for fiscal year 2017; and 

8 (5) $35,000,000 for fiscal year 2018. 

9 SEC. 8. FORENSIC SCIENCE ADVISORY COMMITTEE. 

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

11 Institute of Standards and Technology and the Attorney 

12 General, in consultation with the Director of the National 

13 Science Foundation, shall establish a Forensic Science Ad14 visory Committee. 

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

16 advice to— 

17 (1) the Federal departments, agencies, and of18 fices implementing the unified Federal research 

19 strategy under section 4; 

20 (2) the National Institute of Standards and 

21 Technology, including recommendations regarding 

22 the National Institute of Standards and Tech23 nology’s responsibilities under section 7; and 


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1 (3) the Department of Justice, including rec2 ommendations regarding the Department of Jus3 tice’s responsibilities under section 9. 

4 (c) SUBCOMMITTEES.—The Advisory Committee may 

5 form subcommittees related to specific disciplines in foren6 sic science or as necessary to further its duties under sub7 section (b). A subcommittee may include an individual who 

8 is not a member of the Advisory Committee. 

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

10 of Standards and Technology and the Attorney General, 

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

12 (e) MEMBERSHIP.—The Director of the National In13 stitute of Standards and Technology and the Attorney 

14 General, in consultation with the Director of the National 

15 Science Foundation, shall appoint each member of the Ad16 visory Committee. The Advisory Committee shall include 

17 balanced representation between scientists with expertise 

18 relevant to forensic sciences (including academic sci19 entists, statisticians, social scientists, engineers, and rep20 resentatives of other related scientific disciplines) and in21 dividuals and organizations with expertise in applications 

22 of forensic science (including Federal, State, and local rep23 resentatives of the forensic science community, the legal 

24 community, victim advocate organizations, and law en25 forcement). 


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1 (f) ADMINISTRATION.—The Attorney General shall 

2 provide administrative support to the Advisory Committee. 

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

4 The Attorney General— 

5 (1) shall promote the adoption of forensic 

6 science standards developed under section 7, includ7 ing— 

8 (A) by requiring each Federal forensic lab9 oratory to adopt such forensic science stand10 ards; 

11 (B) by encouraging each non-Federal fo12 rensic laboratory to adopt such forensic science 

13 standards; and 

14 (C) by disseminating any recommendations 

15 made by the Advisory Committee for adoption 

16 and implementation of forensic science stand17 ards; 

18 (2) shall promote the development of minimum 

19 training, accreditation, and certification require20 ments based on the forensic science standards devel21 oped under section 7 and any recommendations 

22 made by the Advisory Committee; 

23 (3) shall issue guidance concerning the intersec24 tion of forensic science and the courtroom; and 


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1 (4) may require the adoption of the forensic 

2 science standards as a condition of Federal funding 

3 or for inclusion in national data sets. 

Æ 


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