[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3378 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives 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.
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 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.

SEC. 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.--
                    (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 digital evidence, for 
                use in investigations and legal proceedings, including 
                all tests, methods, measurements, 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 determine the means by which a recognized 
                and specific need may be met.
                    (C) Basic scientific research.--In subparagraph 
                (A), the term ``basic scientific research'' means a 
                systematic study directed toward fuller knowledge or 
                understanding of the fundamental aspects of phenomena 
                and of observable facts without specific applications 
                towards processes or products.
            (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.

SEC. 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 Academy of Sciences Report on Forensic Science.--The 
Director of the National Science Foundation shall contract with the 
National Academy 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 disciplines; and
            (2) makes recommendations regarding research that will help 
        strengthen the scientific foundation in the forensic science 
        disciplines identified under paragraph (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 paragraph (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 research 
                        necessary to enhance the validity and 
                        reliability of the forensic science 
                        disciplines; and
                            (ii) is consistent with the recommendations 
                        in the National Academy of 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 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) 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 findings under 
                subparagraph (A).
            (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).

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 
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) Publication.--The National Science Foundation shall support, as 
appropriate, the publication of research results under this section in 
scholarly, peer-reviewed scientific journals.
    (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 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) Terms of designation.--
                    (A) In general.--The Director shall designate each 
                forensic science research center for a 4-year term.
                    (B) Revocation.--The Director may revoke a 
                designation under subparagraph (A) if the Director 
                determines that the forensic science research center is 
                not demonstrating adequate performance.
                    (C) Amount of award.--Subject to subsection (f), 
                the Director shall award a grant up to $10,000,000 to 
                each forensic science research center. A grant awarded 
                under this subparagraph 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 activities the center carried out with the 
        funds received under this subsection, including a description 
        of how those activities satisfy the requirement under paragraph 
        (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--
                    (A) to determine whether the program is achieving 
                the objectives of improving the foundation 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 evaluation 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, 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 the America 
        COMPETES Reauthorization 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 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 select each member of the prize advisory 
                board with input from relevant Federal departments, 
                agencies, or offices.
            (2) Prize advisory board.--The prize advisory board shall--
                    (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, advise 
                relevant Federal departments, agencies, or offices in 
                designing prizes or challenges that satisfy the 
                research needs and priorities identified 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 purposes of a prize or challenge.
            (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 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.

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 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;
                    (B) test and validate existing forensics standards, 
                as appropriate; and
                    (C) provide independent validation of forensic 
                science measurements and methods.
            (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 to ensure that products and services 
                        meet necessary performance levels.
            (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 annually, 
        with 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 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 working group shall--
                    (A) be appointed by the Director of the National 
                Institute of Standards and Technology;
                    (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; and
                    (C) balance scientific rigor with practical and 
                regulatory constraints.
            (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 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 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 forensic science disciplines (including 
academic scientists, statisticians, social scientists, engineers, and 
representatives of other related scientific disciplines) and relevant 
forensic science applications (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 Advisory Committee 
established under this section shall not be subject to section 14 of 
the Federal Advisory Committee 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, including--
                    (A) by requiring each Federal forensic laboratory 
                to adopt the forensic science standards;
                    (B) by encouraging each non-Federal forensic 
                laboratory to adopt the forensic science standards;
                    (C) by promoting accreditation and certification 
                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 standards; 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 TECHNOLOGY 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 development of 
        forensic science standards to enhance the validity and 
        reliability of forensic science activities.''.
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