[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3064 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3064

    To establish scientific standards and protocols across forensic 
                  disciplines, and for other purposes.


_______________________________________________________________________


                    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.

    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 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.

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.--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.

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 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).

SEC. 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.

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 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.

SEC. 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.

SEC. 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.

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 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.
                                 <all>