II 

112TH CONGRESS 

2D SESSION S. 3378 

To establish scientific standards and protocols across forensic disciplines, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2012 

Mr. ROCKEFELLER introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

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 2012’’. 

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. 

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. 


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Sec. 8. Forensic science advisory committee. 

Sec. 9. Adoption, accreditation, and certification. 

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

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: 

21 (1) ADVISORY COMMITTEE.—The term ‘‘Advi22 sory Committee’’ means the Forensic Science Advi23 sory Committee established under section 8. 


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1 (2) COORDINATING OFFICE.—The term ‘‘Co2 ordinating Office’’ means the National Forensic 

3 Science Coordinating Office established under sec4 tion 4. 

5 (3) FORENSIC SCIENCE.— 

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

7 science’’ means the basic and applied scientific 

8 research applicable to the collection, evaluation, 

9 and analysis of physical evidence, including dig10 ital evidence, for use in investigations and legal 

11 proceedings, including all tests, methods, meas12 urements, and procedures. 

13 (B) APPLIED SCIENTIFIC RESEARCH.—In 

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

15 research’’ means a systematic study to gain 

16 knowledge or understanding necessary to deter17 mine the means by which a recognized and spe18 cific need may be met. 

19 (C) BASIC SCIENTIFIC RESEARCH.—In 

20 subparagraph (A), the term ‘‘basic scientific re21 search’’ means a systematic study directed to22 ward fuller knowledge or understanding of the 

23 fundamental aspects of phenomena and of ob24 servable facts without specific applications to25 wards processes or products. 


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1 (4) STANDARDS DEVELOPMENT ORGANIZA2 TION.—The term ‘‘standards development organiza3 tion’’ means a domestic or an international organiza4 tion that plans, develops, establishes, or coordinates 

5 voluntary consensus standards using procedures that 

6 incorporate openness, a balance of interests, con7 sensus, due process, and an appeals process. 

8 SEC. 4. NATIONAL FORENSIC SCIENCE RESEARCH PRO9 GRAM. 

10 (a) ESTABLISHMENT.—There shall be a national fo11 rensic science research program to improve, expand, and 

12 coordinate Federal research in the forensic sciences. 

13 (b) NATIONAL ACADEMY OF SCIENCES REPORT ON

14 FORENSIC SCIENCE.—The Director of the National 

15 Science Foundation shall contract with the National Acad16 emy of Sciences to develop, not later than 180 days after 

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

18 (1) identifies the most critical forensic science 

19 disciplines, which may include forensic pathology 

20 and digital forensics, that require further research to 

21 strengthen the scientific foundation in those dis22 ciplines; and 

23 (2) makes recommendations regarding research 

24 that will help strengthen the scientific foundation in 


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1 the forensic science disciplines identified under para2 graph (1). 

3 (c) NATIONAL FORENSIC SCIENCE COORDINATING

4 OFFICE.— 

5 (1) ESTABLISHMENT.—There is established a 

6 National Forensic Science Coordinating Office, with 

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

8 National Science Foundation. The Director of the 

9 Coordinating Office shall be responsible for carrying 

10 out the provisions of this subsection. 

11 (2) UNIFIED FEDERAL RESEARCH STRATEGY.— 

12 The Coordinating Office established under para13 graph (1) shall coordinate among relevant Federal 

14 departments, agencies, or offices— 

15 (A) the development of a unified Federal 

16 research strategy that— 

17 (i) specifies and prioritizes the re18 search necessary to enhance the validity 

19 and reliability of the forensic science dis20 ciplines; and 

21 (ii) is consistent with the rec22 ommendations in the National Academy of 

23 Sciences report on forensic science under 

24 subsection (b); 


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

2 updated triennially thereafter, for the unified 

3 Federal research strategy under subparagraph 

4 (A) that includes a description of— 

5 (i) which department, agency, or of6 fice will carry out each specific element of 

7 the unified Federal research strategy; 

8 (ii) short-term and long-term prior9 ities and objectives; and 

10 (iii) common metrics and other eval11 uation criteria that will be used to assess 

12 progress toward achieving the priorities 

13 and objectives under clause (ii); and 

14 (C) any necessary programs, policies, and 

15 budgets to support the implementation of the 

16 roadmap under subparagraph (B). 

17 (3) ADDITIONAL DUTIES.—The Coordinating 

18 Office shall— 

19 (A) evaluate annually the national forensic 

20 science research program to determine whether 

21 it is achieving its objectives; and 

22 (B) report annually to Congress the find23 ings under subparagraph (A). 

24 (4) DEADLINES.—The Coordinating Office shall 

25 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 GRANTS PROGRAM. 

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

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

13 Foundation shall establish a forensic science research 

14 grants program to improve the foundation and practice 

15 of forensic science in the United States based on the rec16 ommendations in the unified Federal research strategy 

17 under section 4. 

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

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

20 (c) PUBLICATION.—The National Science Founda21 tion shall support, as appropriate, the publication of re22 search results under this section in scholarly, peer-re23 viewed scientific journals. 

24 (d) FORENSIC SCIENCE RESEARCH CENTERS.— 


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

2 science research grants program under subsection 

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

4 shall establish 2 forensic science research centers— 

5 (A) to conduct research consistent with the 

6 unified Federal research strategy under section 

7 4; 

8 (B) to build relationships between forensic 

9 science practitioners and members of the re10 search community; 

11 (C) to encourage and promote the edu12 cation and training of a diverse group of people 

13 to be leaders in the interdisciplinary field of fo14 rensic science; and 

15 (D) to broadly disseminate the results of 

16 the research under subparagraph (A). 

17 (2) TERMS OF DESIGNATION.— 

18 (A) IN GENERAL.—The Director shall des19 ignate each forensic science research center for 

20 a 4-year term. 

21 (B) REVOCATION.—The Director may re22 voke a designation under subparagraph (A) if 

23 the Director determines that the forensic 

24 science research center is not demonstrating 

25 adequate performance. 


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1 (C) AMOUNT OF AWARD.—Subject to sub2 section (f), the Director shall award a grant up 

3 to $10,000,000 to each forensic science re4 search center. A grant awarded under this sub5 paragraph shall be for a period of 4 years. 

6 (D) LIMITATION ON USE OF FUNDS.—No 

7 funds authorized under this section may be 

8 used to construct or renovate a building or 

9 structure. 

10 (3) REPORTS.—Each forensic science research 

11 center shall submit an annual report to the Director, 

12 at such time and in such manner as the Director 

13 may require, that contains a description of the ac14 tivities the center carried out with the funds received 

15 under this subsection, including a description of how 

16 those activities satisfy the requirement under para17 graph (2)(D). 

18 (e) EVALUATION.— 

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

20 Science Foundation shall conduct a comprehensive 

21 evaluation of the forensic science research grants 

22 program every 4 years— 

23 (A) to determine whether the program is 

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1 dation and practice of forensic science in the 

2 United States; and 

3 (B) to evaluate the extent to which the 

4 program is contributing toward the priorities 

5 and objectives described in the roadmap under 

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

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

8 the National Science Foundation shall report to 

9 Congress the results of each comprehensive evalua10 tion under paragraph (1). 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the National Science 

13 Foundation to carry out this section— 

14 (1) $34,000,000 for fiscal year 2013; 

15 (2) $37,000,000 for fiscal year 2014; 

16 (3) $40,000,000 for fiscal year 2015; 

17 (4) $43,000,000 for fiscal year 2016; and 

18 (5) $46,000,000 for fiscal year 2017. 

19 SEC. 6. FORENSIC SCIENCE RESEARCH CHALLENGES. 

20 (a) PRIZES AND CHALLENGES.— 

21 (1) IN GENERAL.—A Federal department, agen22 cy, or office may assist in satisfying the research 

23 needs and priorities identified in the unified Federal 

24 research strategy under section 4 by using prizes 

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1 authorization Act (124 Stat. 3982) or under any 

2 other provision of law, as appropriate. 

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

4 challenge under this section, among other possible 

5 purposes, may be— 

6 (A) to determine or develop the best data 

7 collection practices or analytical methods to 

8 evaluate a specific type of forensic data; or 

9 (B) to determine the accuracy of an ana10 lytical method. 

11 (b) FORENSIC EVIDENCE PRIZES AND CHAL12 LENGES.— 

13 (1) IN GENERAL.—A Federal department, agen14 cy, or office, or multiple Federal departments, agen15 cies, or offices in cooperation, carrying out a prize 

16 or challenge under this section— 

17 (A) may establish a prize advisory board; 

18 and 

19 (B) shall select each member of the prize 

20 advisory board with input from relevant Federal 

21 departments, agencies, or offices. 

22 (2) PRIZE ADVISORY BOARD.—The prize advi23 sory board shall— 

24 (A) identify 1 or more types of forensic 

25 evidence for purposes of a prize or challenge; 


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1 (B) using the samples under paragraph 

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

3 challenge that requires a competitor to develop 

4 a forensic data collection practice, an analytical 

5 method, or a relevant approach or technology to 

6 be tested relative to a known outcome or other 

7 proposed judging methodology; and 

8 (C) through the Coordinating Office, ad9 vise relevant Federal departments, agencies, or 

10 offices in designing prizes or challenges that 

11 satisfy the research needs and priorities identi12 fied in the unified Federal research strategy 

13 under section 4. 

14 (3) SAMPLES.—The National Institute of 

15 Standards and Technology or the Department of 

16 Justice shall provide or contract with a non-Federal 

17 party to prepare, for each type of forensic evidence 

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

19 including associated digital data that could be 

20 shared without limitation and physical specimens 

21 that could be shared with qualified parties, for pur22 poses of a prize or challenge. 

23 (4) FINGERPRINT DATA INTEROPERABILITY.— 

24 At least 1 prize or challenge under this section shall 

25 be focused on achieving nationwide fingerprint data 


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1 interoperability if the prize advisory board, the Co2 ordinating Office, or a Federal department, agency, 

3 or office identifies an area where a prize or challenge 

4 will assist in satisfying a strategy related to this 

5 issue. 

6 SEC. 7. FORENSIC SCIENCE STANDARDS. 

7 (a) ESTABLISHMENT.— 

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

9 Standards and Technology shall— 

10 (A) identify or coordinate the development 

11 of forensic science standards to enhance the va12 lidity and reliability of forensic science activi13 ties, including— 

14 (i) authoritative methods, standards, 

15 and technical guidance, including protocols 

16 and best practices, for forensic measure17 ments, analysis, and interpretation; 

18 (ii) technical standards for products 

19 and services used by forensic science prac20 titioners; 

21 (iii) standard content, terminology, 

22 and parameters to be used in reporting 

23 and testifying on the results and interpre24 tation of forensic science measurements, 

25 tests, and procedures; and 


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1 (iv) standards to provide for the inter2 operability of forensic science-related tech3 nology and databases; 

4 (B) test and validate existing forensics 

5 standards, as appropriate; and 

6 (C) provide independent validation of fo7 rensic science measurements and methods. 

8 (2) CONSULTATION.— 

9 (A) IN GENERAL.—In carrying out its re10 sponsibilities under paragraph (1), the National 

11 Institute of Standards and Technology shall 

12 consult with— 

13 (i) standards development organiza14 tions and other stakeholders, including rel15 evant Federal departments, agencies, and 

16 offices; and 

17 (ii) testing laboratories and accredita18 tion bodies to ensure that products and 

19 services meet necessary performance levels. 

20 (3) PRIORITIZATION.—When prioritizing its re21 sponsibilities under paragraph (1), the National In22 stitute of Standards and Technology shall con23 sider— 

24 (A) the unified Federal research strategy 

25 under section 4; and 


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1 (B) the recommendations of any expert 

2 working group under subsection (b). 

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

4 the National Institute of Standards and Technology 

5 shall report annually, with the President’s budget re6 quest, to Congress on the progress in carrying out 

7 the National Institute of Standards and Tech8 nology’s responsibilities under paragraph (1). 

9 (b) EXPERT WORKING GROUPS.— 

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

11 Institute of Standards and Technology may establish 

12 1 or more discipline-specific expert working groups 

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

14 standards development with respect to forensic 

15 science. 

16 (2) MEMBERS.—A member of an expert work17 ing group shall— 

18 (A) be appointed by the Director of the 

19 National Institute of Standards and Tech20 nology; 

21 (B) have significant academic, research, or 

22 practical expertise in a discipline of forensic 

23 science or in another area relevant to the pur24 pose of the expert working group; and 


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1 (C) balance scientific rigor with practical 

2 and regulatory constraints. 

3 (3) FEDERAL ADVISORY COMMITTEE ACT.—An 

4 expert working group established under this sub5 section shall not be subject to the Federal Advisory 

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

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the National Institute 

9 of Standards and Technology to carry out this section— 

10 (1) $5,000,000 for fiscal year 2013; 

11 (2) $12,000,000 for fiscal year 2014; 

12 (3) $20,000,000 for fiscal year 2015; 

13 (4) $27,000,000 for fiscal year 2016; and 

14 (5) $35,000,000 for fiscal year 2017. 

15 SEC. 8. FORENSIC SCIENCE ADVISORY COMMITTEE. 

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

17 Institute of Standards and Technology and the Attorney 

18 General, in collaboration with the Director of the National 

19 Science Foundation, shall establish a Forensic Science Ad20 visory Committee. 

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

22 advice to— 

23 (1) the Federal departments, agencies, and of24 fices implementing the unified Federal research 

25 strategy under section 4; 


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1 (2) the National Institute of Standards and 

2 Technology, including recommendations regarding 

3 the National Institute of Standards and Tech4 nology’s responsibilities under section 7; and 

5 (3) the Department of Justice, including rec6 ommendations regarding the Department of Jus7 tice’s responsibilities under section 9. 

8 (c) SUBCOMMITTEES.—The Advisory Committee may 

9 form subcommittees related to specific disciplines in foren10 sic science or as necessary to further its duties under sub11 section (b). A subcommittee may include an individual who 

12 is not a member of the Advisory Committee. 

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

14 of Standards and Technology and the Attorney General, 

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

16 (e) MEMBERSHIP.—The Director of the National In17 stitute of Standards and Technology and the Attorney 

18 General, in consultation with the Director of the National 

19 Science Foundation, shall appoint each member of the Ad20 visory Committee. The Advisory Committee shall include 

21 balanced representation between forensic science dis22 ciplines (including academic scientists, statisticians, social 

23 scientists, engineers, and representatives of other related 

24 scientific disciplines) and relevant forensic science applica25 tions (including Federal, State, and local representatives 


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1 of the forensic science community, the legal community, 

2 victim advocate organizations, and law enforcement). 

3 (f) ADMINISTRATION.—The Attorney General shall 

4 provide administrative support to the Advisory Committee. 

5 (g) FEDERAL ADVISORY COMMITTEE ACT.—The Ad6 visory Committee established under this section shall not 

7 be subject to section 14 of the Federal Advisory Com8 mittee Act (5 U.S.C. App.). 

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

10 The Attorney General— 

11 (1) shall promote the adoption of forensic 

12 science standards developed under section 7, includ13 ing— 

14 (A) by requiring each Federal forensic lab15 oratory to adopt the forensic science standards; 

16 (B) by encouraging each non-Federal fo17 rensic laboratory to adopt the forensic science 

18 standards; 

19 (C) by promoting accreditation and certifi20 cation requirements based on the forensic 

21 science standards; and 

22 (D) by promoting any recommendations 

23 made by the Advisory Committee for adoption 

24 and implementation of forensic science stand25 ards; and 


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1 (2) may promote the adoption of the forensic 

2 science standards as a condition of Federal funding 

3 or for inclusion in national data sets. 

4 SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECH5 NOLOGY FUNCTIONS. 

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

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

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

9 the semicolon; 

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

11 the end and inserting ‘‘; and’’; and 

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

13 ‘‘(14) to identify and coordinate the develop14 ment of forensic science standards to enhance the 

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

Æ 


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