MOU on Forensic Science 

between NIST and US DOJ 

June VCAT Meeting

Mark D. Stolorow

Director, Law Enforcement Standards Office

June 11, 2013
Background / Chronology

• 2005 – Congress directed National 

Academies (NAS) to study the state of 

forensic science in US

• 2006 – National Research Council 

(NRC) created Committee “Identifying 

the Needs of the Forensic Science 

Community”

MOU on Forensic Science 
NAS Report on Forensic Science 

• 2009 – Published “Strengthening 

Forensic Science in the United 

States - A Path Forward” 

• 13 recommendations provided to 

Congress

• Recommends establishing a 

National Institute of Forensic 

Science (NIFS)

MOU on Forensic Science 

Harry T. Edwards

U.S. Court of 

Appeals (DC)

Co-Chair, 

Forensic Science 

Committee
Background / Chronology

• 2009 – National Science & Technology 

Council charters a new Subcommittee on 

Forensic Science (SOFS) 

• SOFS co-chaired by NIST, DOJ and OSTP 

• 2013 – SOFS delivers final report to OSTP 

containing 11 recommendations

• Included recommendation for a Forensic 

Scientific Working Group (SWG) Program 

Management Office

MOU on Forensic Science 
Background / Chronology

• 2011 – NIST and DOJ initiate high level 

bilateral discussions on forensic science 

• 2013 – NIST and DOJ sign MOU to create a 

National Commission on Forensic Science

– Chartered by DOJ under authority of FACA

– Co-chaired by NIST and DOJ 

– 30 commissioners appointed jointly by NIST & DOJ

– Balance of scientists, practitioners and criminal 

justice advocates 

MOU on Forensic Science 
National Commission 

on Forensic Science 

“. . . to provide recommendations and advice to 

DOJ concerning national methods and strategies 

for:

– strengthening the validity and reliability of the 

forensic sciences (including medico-legal death 

investigation);

– enhancing QA/QC in forensic science laboratories 

and units;

– identifying and recommending scientific guidance 

and protocols for evidence seizure, testing, 

analysis and reporting by laboratories and units;

MOU on Forensic Science 
National Commission 

on Forensic Science 

. . . to provide recommendations and advice to 

DOJ concerning national methods and strategies 

for: (continued)

– identifying and assessing other needs of the 

forensic science communities to strengthen their 

disciplines and meet the increasing demands 

generated by the criminal and civil justice systems 

at all levels of government.”

MOU on Forensic Science 
Role of NIST 

• Administer and coordinate “Guidance 

Groups”

• Conduct research supporting the 

development and dissemination of methods, 

standards and technical guidance for 

forensic science measurements

• Test and validate select existing forensic 

science practices and standards

MOU on Forensic Science 
Role of DOJ 

• Advise Attorney General (AG) on priorities for 

standards development

• Endorse guidance to AG from “Guidance 

Groups”

• Propose guidance concerning intersection of 

forensic science and the courtroom

• Develop policy recommendations for ethics, 

training, accreditation and certification

MOU on Forensic Science 
MOU on Forensic Science

DOJ NIST

1) Notice of Inquiry (NOI) questions 

on Federal Registry (June/July)

2) SWG chairs meeting (June 18)

3) Public meeting planned (Fall)

NIST Operating Units (OUs)

Measurement Science Efforts

Crime

Laboratories

Guidance 

Groups

Federal Advisory Committee (FACA, 1972)

National Commission 

on Forensic Science

(DOJ & NIST co-chairs 

plus 30 members)

The status quo may be 

challenging to change

21 Current 

Scientific Working 

Groups (SWGs)

?

We need to learn 

what is not known 

(the knowledge gaps)

Direct 

authority 

only over 

federal labs 

(FBI, DEA, ATF)

Attorney 

General
Guidance Groups

• Currently 21 Scientific Working Groups (SWGs)

• Uncoordinated ad hoc specific discipline groups – DNA – Anthropology 

– Facial Recognition – Digital Evidence

– Document Examination – Dogs & Orthogonal Detection

– Seized Drugs Analysis – Disaster Victim Identification

– Toxicology – Friction Ridge Analysis

– Fire & Explosive Scenes – Geological Materials

– Gunshot Residue – Firearms & Toolmarks

– Imaging Technology – Trace Materials Analysis

– Voice Identification – Medico-Legal Death Investigation

– Bloodstain Pattern Analysis – Shoeprint and Tire Tread Evidence

– Wildlife Forensic Analysis

MOU on Forensic Science 
Guidance Groups

• Current 21 SWGs’ members primarily limited to 

forensic science practitioners

• To be replaced by Guidance Groups that will:

– Be consolidated by common science categories

– Add members from academic and research scientists 

and statisticians in addition to practitioners

– Harmonize standards development process compliant 

with openness and balance requirements

– Develop prioritized list of research needs

MOU on Forensic Science 
Guidance Groups

• Guidance Groups to be:

– Responsible for strengthening forensic science 

practice through adoption and promulgation of 

standards in areas including:

• Professional responsibility

• Requirements for training, accreditation and certification

• Needs assessment in education and research for 

development of the science

• Standards for discipline-specific best practices

MOU on Forensic Science 
Guidance Groups

NIST will seek public input in creating framework 

for Guidance Groups – How will NIST do this?

• NOI to be published in Federal Register

• SWG Chairs Meeting at NIST on June 18, 2013

• Relevant stakeholder forum will be convened 

at NIST in fall 2013 

MOU on Forensic Science 
 NIST Path Forward

• Administer and coordinate “Guidance Groups” and 

work toward future permanent organizational home 

• Co-chair National Commission on Forensic Science 

• Develop a coherent research, measurement and 

standards program to:

– Test and validate selected existing forensic science 

practices and standards

– Quantify metrics and uncertainty measurements for 

disciplines including those currently using subjective, 

experiential test interpretation criteria

– Identify gaps and develop new technologies to solve 

current and future forensic science challenges 

MOU on Forensic Science