I 
112TH CONGRESS 
2D SESSION 
H. R. 6106 
To establish scientific standards and protocols across forensic disciplines, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2012 
Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Ms. EDWARDS, and Mr. 
LIPINSKI) introduced the following bill; which was referred to the Com-
mittee on Science, Space, and Technology, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To establish scientific standards and protocols across forensic 
disciplines, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Forensic Science and Standards Act of 2012’’. 
(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. 
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Sec. 4. National forensic science research program. 
Sec. 5. Forensic science research grants program. 
Sec. 6. Forensic science research challenges. 
Sec. 7. Forensic science standards. 
Sec. 8. Forensic Science Advisory Committee. 
Sec. 9. Adoption, accreditation, and certification. 
Sec. 10. National Institute of Standards and Technology functions. 
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’s findings indicate the need for 
independent scientific research to support the foun-
dation of forensic disciplines; 
(3) the report stresses the need for standards 
in methods, data interpretation, and reporting, and 
the importance of preventing cognitive bias and miti-
gating human factors; and 
(4) according to the report, forensic science re-
search is not financially well supported, and there is 
a need for a unified strategy for developing a foren-
sic science research plan across Federal agencies. 
SEC. 3. DEFINITIONS. 
In this Act: 
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(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Forensic Science Advi-
sory Committee established under section 8. 
(2) COORDINATING
OFFICE.—The term ‘‘Co-
ordinating Office’’ means the National Forensic 
Science Coordinating Office established under sec-
tion 4. 
(3) FORENSIC SCIENCE.— 
(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 dig-
ital evidence, for use in investigations and legal 
proceedings, including all tests, methods, meas-
urements, and procedures. 
(B) APPLIED SCIENTIFIC RESEARCH.—In 
subparagraph (A), the term ‘‘applied scientific 
research’’ means a systematic study to gain 
knowledge or understanding necessary to deter-
mine the means by which a recognized and spe-
cific need may be met. 
(C) BASIC
SCIENTIFIC
RESEARCH.—In 
subparagraph (A), the term ‘‘basic scientific re-
search’’ means a systematic study directed to-
ward fuller knowledge or understanding of the 
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fundamental aspects of phenomena and of ob-
servable facts without specific applications to-
wards processes or products. 
(4) 
STANDARDS
DEVELOPMENT
ORGANIZA-
TION.—The term ‘‘standards development organiza-
tion’’ means a domestic or an international organiza-
tion that plans, develops, establishes, or coordinates 
voluntary consensus standards using procedures that 
incorporate openness, a balance of interests, con-
sensus, due process, and an appeals process. 
SEC. 4. NATIONAL FORENSIC SCIENCE RESEARCH PRO-
GRAM. 
(a) ESTABLISHMENT.—There shall be a national fo-
rensic science research program to improve, expand, and 
coordinate Federal research in the forensic sciences. 
(b) NATIONAL ACADEMY OF SCIENCES REPORT ON 
FORENSIC
SCIENCE.—The Director of the National 
Science Foundation shall contract with the National Acad-
emy of Sciences to develop, not later than 180 days after 
the date of enactment of this Act, a report that— 
(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 dis-
ciplines; and 
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(2) makes recommendations regarding research 
that will help strengthen the scientific foundation in 
the forensic science disciplines identified under para-
graph (1). 
(c) NATIONAL FORENSIC SCIENCE COORDINATING 
OFFICE.— 
(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. 
(2) UNIFIED FEDERAL RESEARCH STRATEGY.— 
The Coordinating Office established under para-
graph (1) shall coordinate among relevant Federal 
departments, agencies, or offices— 
(A) the development of a unified Federal 
research strategy that— 
(i) specifies and prioritizes the re-
search necessary to enhance the validity 
and reliability of the forensic science dis-
ciplines; and 
(ii) 
is 
consistent 
with 
the 
rec-
ommendations in the National Academy of 
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Sciences report on forensic science under 
subsection (b); 
(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— 
(i) which department, agency, or of-
fice will carry out each specific element of 
the unified Federal research strategy; 
(ii) short-term and long-term prior-
ities and objectives; and 
(iii) common metrics and other eval-
uation criteria that will be used to assess 
progress toward achieving the priorities 
and objectives under clause (ii); and 
(C) any necessary programs, policies, and 
budgets to support the implementation of the 
roadmap under subparagraph (B). 
(3) ADDITIONAL
DUTIES.—The Coordinating 
Office shall— 
(A) evaluate annually the national forensic 
science research program to determine whether 
it is achieving its objectives; and 
(B) report annually to Congress the find-
ings under subparagraph (A). 
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(4) DEADLINES.—The Coordinating Office shall 
submit to Congress— 
(A) not later than 1 year after the date of 
enactment of this Act, the unified Federal re-
search strategy under paragraph (2)(A); 
(B) not later than 1 year after the date of 
enactment of this Act, the initial 5-year road-
map under paragraph (2)(B); and 
(C) not later than 1 month after the date 
it is updated, each updated 5-year roadmap 
under paragraph (2)(B). 
SEC. 5. FORENSIC SCIENCE RESEARCH GRANTS PROGRAM. 
(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 rec-
ommendations in the unified Federal research strategy 
under section 4. 
(b) MERIT REVIEW.—Each grant under this section 
shall be awarded on a merit-reviewed, competitive basis. 
(c) PUBLICATION.—The National Science Founda-
tion shall support, as appropriate, the publication of re-
search results under this section in scholarly, peer-re-
viewed scientific journals. 
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(d) FORENSIC SCIENCE RESEARCH CENTERS.— 
(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— 
(A) to conduct research consistent with the 
unified Federal research strategy under section 
4; 
(B) to build relationships between forensic 
science practitioners and members of the re-
search community; 
(C) to encourage and promote the edu-
cation and training of a diverse group of people 
to be leaders in the interdisciplinary field of fo-
rensic science; and 
(D) to broadly disseminate the results of 
the research under subparagraph (A). 
(2) TERMS OF DESIGNATION.— 
(A) IN GENERAL.—The Director shall des-
ignate each forensic science research center for 
a 4-year term. 
(B) REVOCATION.—The Director may re-
voke a designation under subparagraph (A) if 
the Director determines that the forensic 
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science research center is not demonstrating 
adequate performance. 
(C) AMOUNT OF AWARD.—Subject to sub-
section (f), the Director shall award a grant up 
to $10,000,000 to each forensic science re-
search center. A grant awarded under this sub-
paragraph shall be for a period of 4 years. 
(D) LIMITATION ON USE OF FUNDS.—No 
funds authorized under this section may be 
used to construct or renovate a building or 
structure. 
(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 ac-
tivities the center carried out with the funds received 
under this subsection, including a description of how 
those activities satisfy the requirement under para-
graph (2)(D). 
(e) EVALUATION.— 
(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— 
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(A) to determine whether the program is 
achieving the objectives of improving the foun-
dation and practice of forensic science in the 
United States; and 
(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). 
(2) REPORT TO CONGRESS.—The Director of 
the National Science Foundation shall report to 
Congress the results of each comprehensive evalua-
tion under paragraph (1). 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the National Science 
Foundation to carry out this section— 
(1) $34,000,000 for fiscal year 2013; 
(2) $37,000,000 for fiscal year 2014; 
(3) $40,000,000 for fiscal year 2015; 
(4) $43,000,000 for fiscal year 2016; and 
(5) $46,000,000 for fiscal year 2017. 
SEC. 6. FORENSIC SCIENCE RESEARCH CHALLENGES. 
(a) PRIZES AND CHALLENGES.— 
(1) IN GENERAL.—A Federal department, agen-
cy, or office may assist in satisfying the research 
needs and priorities identified in the unified Federal 
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research strategy under section 4 by using prizes 
and challenges under the America COMPETES Re-
authorization 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; or 
(B) to determine the accuracy of an ana-
lytical method. 
(b) FORENSIC
EVIDENCE
PRIZES
AND
CHAL-
LENGES.— 
(1) IN GENERAL.—A Federal department, agen-
cy, or office, or multiple Federal departments, agen-
cies, or offices in cooperation, carrying out a prize 
or challenge under this section— 
(A) may establish a prize advisory board; 
and 
(B) shall select each member of the prize 
advisory board with input from relevant Federal 
departments, agencies, or offices. 
(2) PRIZE ADVISORY BOARD.—The prize advi-
sory board shall— 
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(A) identify 1 or more types of forensic 
evidence for purposes of a prize or challenge; 
(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 
(C) through the Coordinating Office, ad-
vise relevant Federal departments, agencies, or 
offices in designing prizes or challenges that 
satisfy the research needs and priorities identi-
fied in the unified Federal research strategy 
under section 4. 
(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 pur-
poses of a prize or challenge. 
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(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 Co-
ordinating 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. 
SEC. 7. FORENSIC SCIENCE STANDARDS. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—The National Institute of 
Standards and Technology shall— 
(A) identify or coordinate the development 
of forensic science standards to enhance the va-
lidity and reliability of forensic science activi-
ties, including— 
(i) authoritative methods, standards, 
and technical guidance, including protocols 
and best practices, for forensic measure-
ments, analysis, and interpretation; 
(ii) technical standards for products 
and services used by forensic science prac-
titioners; 
(iii) standard content, terminology, 
and parameters to be used in reporting 
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and testifying on the results and interpre-
tation of forensic science measurements, 
tests, and procedures; and 
(iv) standards to provide for the inter-
operability of forensic science-related tech-
nology and databases; 
(B) test and validate existing forensics 
standards, as appropriate; and 
(C) provide independent validation of fo-
rensic science measurements and methods. 
(2) CONSULTATION.— 
(A) IN GENERAL.—In carrying out its re-
sponsibilities under paragraph (1), the National 
Institute of Standards and Technology shall 
consult with— 
(i) standards development organiza-
tions and other stakeholders, including rel-
evant Federal departments, agencies, and 
offices; and 
(ii) testing laboratories and accredita-
tion bodies to ensure that products and 
services meet necessary performance levels. 
(3) PRIORITIZATION.—When prioritizing its re-
sponsibilities under paragraph (1), the National In-
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stitute of Standards and Technology shall con-
sider— 
(A) the unified Federal research strategy 
under section 4; and 
(B) the recommendations of any expert 
working group under subsection (b). 
(4) REPORT TO CONGRESS.—The Director of 
the National Institute of Standards and Technology 
shall report annually, with the President’s budget re-
quest, to Congress on the progress in carrying out 
the National Institute of Standards and Tech-
nology’s responsibilities under paragraph (1). 
(b) EXPERT WORKING GROUPS.— 
(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. 
(2) MEMBERS.—A member of an expert work-
ing group shall— 
(A) be appointed by the Director of the 
National Institute of Standards and Tech-
nology; 
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(B) have significant academic, research, or 
practical expertise in a discipline of forensic 
science or in another area relevant to the pur-
pose of the expert working group; and 
(C) balance scientific rigor with practical 
and regulatory constraints. 
(3) FEDERAL ADVISORY COMMITTEE ACT.—An 
expert working group established under this sub-
section 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 to the National Institute 
of Standards and Technology to carry out this section— 
(1) $5,000,000 for fiscal year 2013; 
(2) $12,000,000 for fiscal year 2014; 
(3) $20,000,000 for fiscal year 2015; 
(4) $27,000,000 for fiscal year 2016; and 
(5) $35,000,000 for fiscal year 2017. 
SEC. 8. FORENSIC SCIENCE ADVISORY COMMITTEE. 
(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 Ad-
visory Committee. 
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(b) DUTIES.—The Advisory Committee shall provide 
advice to— 
(1) the Federal departments, agencies, and of-
fices implementing the unified Federal research 
strategy under section 4; 
(2) the National Institute of Standards and 
Technology, including recommendations regarding 
the National Institute of Standards and Tech-
nology’s responsibilities under section 7; and 
(3) the Department of Justice, including rec-
ommendations regarding the Department of Jus-
tice’s responsibilities under section 9. 
(c) SUBCOMMITTEES.—The Advisory Committee may 
form subcommittees related to specific disciplines in foren-
sic science or as necessary to further its duties under sub-
section (b). A subcommittee may include an individual who 
is not a member of the Advisory Committee. 
(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. 
(e) MEMBERSHIP.—The Director of the National In-
stitute of Standards and Technology and the Attorney 
General, in consultation with the Director of the National 
Science Foundation, shall appoint each member of the Ad-
visory Committee. The Advisory Committee shall include 
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balanced representation between forensic science dis-
ciplines (including academic scientists, statisticians, social 
scientists, engineers, and representatives of other related 
scientific disciplines) and relevant forensic science applica-
tions (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 Advisory Committee. 
(g) FEDERAL ADVISORY COMMITTEE ACT.—The Ad-
visory Committee established under this section shall not 
be subject to section 14 of the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
SEC. 9. ADOPTION, ACCREDITATION, AND CERTIFICATION. 
The Attorney General— 
(1) shall promote the adoption of forensic 
science standards developed under section 7, includ-
ing— 
(A) by requiring each Federal forensic lab-
oratory to adopt the forensic science standards; 
(B) by encouraging each non-Federal fo-
rensic laboratory to adopt the forensic science 
standards; 
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(C) by promoting accreditation and certifi-
cation requirements based on the forensic 
science standards; and 
(D) by promoting any recommendations 
made by the Advisory Committee for adoption 
and implementation of forensic science stand-
ards; and 
(2) may promote the adoption of the forensic 
science standards as a condition of Federal funding 
or for inclusion in national data sets. 
SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY 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 develop-
ment of forensic science standards to enhance the 
validity and reliability of forensic science activities.’’. 
Æ 
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