I 113th CONGRESS 1st Session H. R. 3064 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. Short title; table of contents (a) Short title This Act may be cited as the Forensic Science and Standards Act of 2013 . (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 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. 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 foundation 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 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. 3. Definitions In this Act: (1) Advisory Committee The term Advisory Committee means the Forensic Science Advisory Committee established under section 8. (2) Coordinating Office The term Coordinating Office means the National Forensic Science Coordinating Office established under section 4. (3) Forensic science 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. (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. 4. National forensic science research program (a) Establishment There shall be a national forensic science research program to improve, expand, and coordinate Federal research in the forensic sciences. (b) National Academies Report on Forensic Science The Director of the National Science Foundation, in consultation with the Director of the National Institute of Standards and Technology, shall enter into an arrangement with the National Academies 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 disciplines; (2) makes recommendations regarding research that will help strengthen the scientific foundation in the forensic science disciplines identified under paragraph (1); and (3) makes recommendations regarding the mix of funding mechanisms that might be most effective at advancing the research identified in paragraph (2). (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 Institute of Standards and Technology. 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 shall coordinate among relevant Federal departments, agencies, or offices— (A) the development of a unified Federal research strategy that— (i) specifies and prioritizes the research necessary to enhance the validity and reliability of the forensic science disciplines; and (ii) is consistent with the recommendations in the National Academies 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 office will carry out each specific element of the unified Federal research strategy; (ii) short-term and long-term priorities and objectives; and (iii) common metrics and other evaluation 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) Annual report The Coordinating Office shall submit an annual report to Congress, not later than 90 days after the submission of the President’s annual budget request, that includes the budget for the program established under this section for each agency that participates in the program, including for all activities pursuant to sections 5, 6, and 7. (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 research strategy under paragraph (2)(A); (B) not later than 1 year after the date of enactment of this Act, the initial 5-year roadmap 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). 5. Forensic science research at the National Science Foundation (a) Grants The National Science Foundation shall award forensic science basic research grants to improve the foundation and practice of forensic science in the United States, consistent with the Foundation’s mission and the recommendations 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) Forensic science research centers (1) In general The Director of the National Science Foundation shall award grants to support one or more forensic science research centers— (A) to conduct research consistent with the unified Federal research strategy under section 4 and with the Foundation’s mission; (B) to help build relationships between forensic science practitioners and members of the research community; (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 (D) to broadly disseminate the results of the research under subparagraph (A). (2) 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 of the National Science Foundation, 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 section. (d) Evaluation (1) In general The Director of the National Science Foundation shall conduct a comprehensive evaluation of its full portfolio of forensic science research and education grants every 4 years— (A) to determine whether the research supported under the grants is contributing to the objectives of improving the foundation and practice of forensic science in the United States; and (B) to evaluate the extent to which the research 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 evaluation under paragraph (1). (e) 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 2014; (2) $37,000,000 for fiscal year 2015; (3) $40,000,000 for fiscal year 2016; (4) $43,000,000 for fiscal year 2017; and (5) $46,000,000 for fiscal year 2018. 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 section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) 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 analytical method. (b) Forensic evidence prizes and challenges (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— (A) may establish a prize advisory board; and (B) shall consult with the Advisory Committee on the appropriateness of the prize or challenge to satisfy the research needs and priorities identified in the unified Federal research strategy under section 4. (2) Samples The National Institute of Standards and Technology or the Department of Justice shall provide or contract with a non-Federal party to prepare 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. (3) 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. 7. Forensic science standards and research at the National Institute of Standards and Technology (a) Establishment (1) In general The National Institute of Standards and Technology shall— (A) conduct research supporting the development and dissemination of methods, standards, and technical guidance for forensic science measurements; (B) identify or coordinate the development of forensic science standards to enhance the validity and reliability of forensic science activities, including— (i) authoritative methods, standards, and technical guidance, including protocols and best practices, for forensic measurements, analysis, and interpretation; (ii) technical standards for products and services used by forensic science practitioners; (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 (iv) standards to provide for the interoperability of forensic science-related technology and databases; and (C) test and validate existing forensics standards, measurements, and methods as appropriate. (2) Consultation (A) In general In carrying out its responsibilities under paragraph (1), the National Institute of Standards and Technology shall consult with— (i) standards development organizations and other stakeholders, including relevant Federal departments, agencies, and offices; and (ii) testing laboratories and accreditation bodies. (3) Prioritization When prioritizing its responsibilities under paragraph (1), the National Institute of Standards and Technology shall consider— (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 every 2 years, not later than 90 days after the submission of 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). (b) Expert working groups (1) In general The Director of the National Institute of Standards and Technology may establish one or more discipline-specific expert working groups to identify gaps, areas of need, and opportunities for standards development with respect to forensic science. Each working group shall balance scientific rigor with practical and regulatory constraints. (2) Members A member of an expert working group shall— (A) be appointed by the Director of the National Institute of Standards and Technology; and (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. (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.). (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 2014; (2) $12,000,000 for fiscal year 2015; (3) $20,000,000 for fiscal year 2016; (4) $27,000,000 for fiscal year 2017; and (5) $35,000,000 for fiscal year 2018. 8. Forensic Science Advisory Committee (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 Forensic Science Advisory Committee. (b) Duties The Advisory Committee shall provide advice to— (1) the Federal departments, agencies, and offices 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 Technology's responsibilities under section 7; and (3) the Department of Justice, including recommendations regarding the Department of Justice's responsibilities under section 9. (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. (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 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 scientists with expertise relevant to forensic sciences (including academic scientists, statisticians, social scientists, engineers, and representatives of other related scientific disciplines) and individuals and organizations with expertise in applications of forensic science (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. 9. Adoption, accreditation, and certification The Attorney General— (1) shall promote the adoption of forensic science standards developed under section 7, including— (A) by requiring each Federal forensic laboratory to adopt such forensic science standards; (B) by encouraging each non-Federal forensic laboratory to adopt such forensic science standards; and (C) by disseminating any recommendations made by the Advisory Committee for adoption and implementation of forensic science standards; (2) shall promote the development of minimum training, accreditation, and certification requirements based on the forensic science standards developed under section 7 and any recommendations made by the Advisory Committee; (3) shall issue guidance concerning the intersection of forensic science and the courtroom; and (4) may require the adoption of the forensic science standards as a condition of Federal funding or for inclusion in national data sets.