[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5795 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5795

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

    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.

    This Act may be cited as the ``Forensic Science and Standards Act 
of 2016''.

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) Commission.--The term ``Commission'' means the National 
        Commission on Forensic Science, a Federal advisory committee 
        established under section 9.
            (2) Coordinating office.--The term ``Coordinating Office'' 
        means the National Forensic Science Coordinating Office 
        established under section 4(b).
            (3) Forensic science.--The term ``forensic science'' means 
        the scientific and technical practice applied to the 
        collection, evaluation, and analysis of physical and 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 INITIATIVE.

    (a) Establishment.--There is established a National Forensic 
Science Research Initiative to improve, expand, and coordinate Federal 
research in the forensic sciences. Federal participation shall include 
the National Science Foundation, the National Institute of Standards 
and Technology, the Department of Justice, and other Federal agencies 
contributing to research in forensic science.
    (b) National Forensic Science Coordinating Office.--
            (1) Establishment.--There is established a National 
        Forensic Science Coordinating Office, with a full-time director 
        and additional staff, as needed, to be located at the Office of 
        Science and Technology Policy.
            (2) Director.--The Director of the Coordinating Office 
        shall be a senior Federal agency manager with appropriate 
        expertise detailed to the Office of Science and Technology 
        Policy for a period of 3 years. Responsibility for providing a 
        director shall rotate among the Federal agencies participating 
        in the National Forensic Science Research Initiative.
            (3) Duties of the director.--The Director shall be 
        responsible for carrying out this section, including 
        coordinating the development of a unified Federal research 
        strategy under subsection (d), working with Federal agencies to 
        execute the research strategy, and overseeing periodic reviews 
        of the National Forensic Science Research Initiative.
            (4) Funding.--Responsibility to fund the Coordinating 
        Office shall be shared by the Federal agencies participating in 
        the National Forensic Science Research Initiative. Such Federal 
        agencies may dedicate additional full-time or part-time staff 
        to the Coordinating Office, as appropriate, to sustain ongoing 
        activities, facilitate special studies, and provide additional 
        support.
    (c) Report on Forensic Science.--
            (1) Study.--The Director of the National Science 
        Foundation, in consultation with the Director of the National 
        Institute of Standards and Technology, the Attorney General, 
        and the Director of the Coordinating Office shall contract with 
        the National Research Council or a similar external, 
        independent scientific entity to conduct a study and develop a 
        report that--
                    (A) assesses progress made in addressing issues 
                identified in the National Research Council's report 
                entitled ``Strengthening Forensic Science in the United 
                States: A Path Forward'', issued in February, 2009;
                    (B) assesses the role of Federal agencies in 
                contributing to such progress;
                    (C) identifies the most critical challenges in 
                forensic science that require further research to--
                            (i) strengthen the scientific foundation of 
                        existing forensic science disciplines; and
                            (ii) support the development of emerging 
                        forensic science disciplines;
                    (D) makes recommendations regarding research that 
                will help address the challenges identified under 
                subparagraph (C), including recommendations to identify 
                mechanisms to accomplish that research;
                    (E) takes into account previous studies and 
                reports; and
                    (F) takes into account the expertise and needs of 
                Federal, State, local, and tribal forensic science 
                practitioners, law enforcement, the legal community, 
                victim advocate organizations, and organizations that 
                defend the wrongfully convicted.
            (2) Submittal.--The entity contracted under paragraph (1) 
        shall submit the report under that paragraph to the Director of 
        the National Science Foundation, the Director of the National 
        Institute of Standards and Technology, the Attorney General, 
        and Congress.
    (d) Unified Federal Research Strategy.--The Coordinating Office 
shall coordinate with relevant Federal agencies for--
            (1) the development of a unified Federal research strategy 
        that--
                    (A) specifies and prioritizes the short-term and 
                long-term research necessary to enhance the 
                establishment, validity, and reliability of the 
                forensic science disciplines, including specific 
                milestones and objectives as appropriate;
                    (B) describes the role of each Federal agency in 
                supporting the specific areas of research identified in 
                subparagraph (A); and
                    (C) describes common metrics and other evaluation 
                criteria that will be used to assess progress toward 
                achieving the priorities, milestones, and objectives 
                identified under subparagraph (A), consistent with the 
                agency's mission; and
            (2) the development of any necessary programs, policies, 
        and budgets to support the implementation of the research 
        strategy developed under paragraph (1), including mechanisms 
        for joint-agency review of research proposals, for interagency 
        cofunding of research activities, and for information sharing 
        across agencies.
    (e) Consultation.--In developing and implementing the unified 
Federal research strategy, the Director of the Coordinating Office 
shall consult with forensic science practitioners, as appropriate, to 
ensure that the unified Federal research strategy takes into account 
practical applications and implementations of the research identified 
under subsection (d)(1)(A).
    (f) 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--
            (1) the budget for the National Forensic Science Research 
        Initiative for each agency that participates in the program; 
        and
            (2) a description of progress made toward achieving the 
        priorities, milestones, and objectives identified in the 
        unified Federal research strategy for the previous fiscal year.

SEC. 5. IMPLEMENTATION OF FORENSIC SCIENCE RESEARCH RECOMMENDATIONS.

    (a) Establishment.--Federal agencies participating in the National 
Forensic Science Research Initiative, including the National Science 
Foundation, the National Institute of Standards and Technology, and the 
Department of Justice, in partnership with the Director of the 
Coordinating Office, shall improve the foundation and practice of 
forensic science in the United States by--
            (1) conducting or supporting research consistent with the 
        unified Federal research strategy developed under section 4(d);
            (2) building relationships between forensic science 
        practitioners and members of the research community;
            (3) encouraging and promoting the education and training of 
        a diverse group of people to be leaders in the 
        interdisciplinary field of forensic science; and
            (4) broadly disseminating the results of the research 
        conducted or supported under paragraph (1).
    (b) Merit Review.--All external forensic science research grants 
awarded by Federal agencies under this section shall be subject to a 
competitive, merit-review process, by individuals qualified to evaluate 
the scientific merit of the proposed research activity, including 
review of--
            (1) the ability of each proposed research activity to 
        advance knowledge and understanding relevant to the forensic 
        sciences and to benefit society or advance desired societal 
        outcomes;
            (2) the potential for the research activity to explore 
        creative, original, or transformative concepts;
            (3) the qualifications of the individual, team, or 
        organization proposing the research activity and the adequacy 
        of the research plans; and
            (4) the adequacy of the resources available to the 
        individual, team, or organization proposing the research 
        activity.
    (c) Publication.--All research conducted from grants awarded under 
this section by Federal agencies shall take into consideration the 
requirements of peer-reviewed scientific journals and encourage the 
communication and open exchange of data and results to other agencies, 
policymakers, and the public.

SEC. 6. FORENSIC SCIENCE RESEARCH CHALLENGES.

    (a) Prizes and Challenges.--
            (1) In general.--A Federal agency may assist in satisfying 
        the research needs and priorities identified in the unified 
        Federal research strategy developed under section 4(d) by using 
        prizes and challenges under the America COMPETES 
        Reauthorization Act (Public Law 111-358) 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;
                    (B) to quantify or improve the efficiency, 
                reliability, or accuracy of an analytical method;
                    (C) to design new methodologies to integrate 
                evidence collection, documentation, and analysis at 
                crime scenes; or
                    (D) to address other topics as proposed by the 
                forensic science community.
    (b) Forensic Data Sets.--The National Institute of Standards and 
Technology or the Department of Justice shall provide or contract with 
a non-Federal party to prepare, if necessary for a prize carried out 
under this section, a sufficient set of data or 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.

SEC. 7. 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 developed under section 4(d).
    (b) Forensic Science Research Centers.--
            (1) In general.--As part of the National Forensic Science 
        Research Initiative, taking into account the unified Federal 
        research strategy developed under section 4(d), the Director of 
        the National Science Foundation, in collaboration with other 
        Federal agencies contributing to research in forensic science, 
        shall establish one or more multidisciplinary research centers 
        led by public-private partnerships between universities, 
        industry, State or local entities, and Federal agencies. Each 
        multidisciplinary research center shall be created with the 
        following objectives:
                    (A) Conducting basic and translational research 
                relevant for forensic science.
                    (B) Encouraging the application of the research 
                conducted under subparagraph (A) to practical uses.
                    (C) Educating undergraduate and graduate students 
                and developing a workforce in fields relevant to 
                forensic science.
    (c) Evaluation.--
            (1) In general.--The Director of the National Science 
        Foundation shall conduct a comprehensive evaluation of the 
        Foundation's 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 unified Federal research strategy 
                developed under section 4(d).
            (2) Report to congress.--The Director of the National 
        Science Foundation shall report to Congress the results of each 
        comprehensive evaluation under paragraph (1).
    (d) 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 2017;
            (2) $37,000,000 for fiscal year 2018;
            (3) $40,000,000 for fiscal year 2019;
            (4) $43,000,000 for fiscal year 2020; and
            (5) $46,000,000 for fiscal year 2021.

SEC. 8. FORENSIC SCIENCE AND STANDARDS AT NIST.

    (a) In General.--The National Institute of Standards and Technology 
shall--
            (1) conduct research supporting the development and 
        dissemination of methods, standards, and technical guidance for 
        forensic science measurements;
            (2) identify and coordinate the development of voluntary 
        consensus forensic science standards, including--
                    (A) methods, standards, and technical guidance, 
                including protocols and best practices, for analysis 
                and interpretation;
                    (B) technical standards useful in the development 
                of products employed by forensic science practitioners;
                    (C) standard content, terminology, and parameters 
                to be used in reporting the results and interpretation 
                of forensic science measurements, tests, and 
                procedures; and
                    (D) standards for the interoperability of forensic 
                science-related technology and databases; and
            (3) develop forensic science measurement standards, 
        standard reference materials, standard reference data, and 
        other reference materials to support forensic science 
        disciplines and associated measurements.
    (b) Validation Program.--In order to ensure the scientific 
integrity of forensic science standards, the National Institute of 
Standards and Technology shall--
            (1) test and validate existing forensic science standards, 
        as appropriate; and
            (2) provide independent validation of forensic science 
        measurements and methods, as appropriate.
    (c) Consultation.--In carrying out its responsibilities under 
subsection (a), the National Institute of Standards and Technology, as 
appropriate, shall consult with, and in carrying out its 
responsibilities under subsection (a)(1) may partner or contract with--
            (1) standards development organizations and other 
        stakeholders, including the Department of Justice and other 
        relevant Federal agencies; and
            (2) testing laboratories, State and local forensic science 
        practitioners, and certification and accreditation bodies.
    (d) Prioritization.--When prioritizing its responsibilities under 
subsection (a), the National Institute of Standards and Technology 
shall consider--
            (1) the unified Federal research strategy developed under 
        section 4(d); and
            (2) the recommendations of the scientific area committees 
        established under subsection (g).
    (e) Public Review and Comment.--The Director of the National 
Institute of Standards and Technology shall ensure that any proposed 
voluntary consensus standards, guidelines, or methods developed by the 
National Institute of Standards and Technology under this section are 
publically available, and that the forensic community has an 
opportunity for public review and comment on voluntary consensus 
standards.
    (f) Center of Excellence.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology shall establish and operate a 
        competitively selected Center of Excellence focusing on 
        measurement sciences, technology, and standards in forensic 
        science with the following objectives:
                    (A) To improve the standards of practice in the 
                forensic sciences in the United States.
                    (B) To produce research collaborations among the 
                National Institute of Standards and Technology, 
                academia, forensic science practitioners, and industry 
                focused on accelerating innovations and new technology 
                development in the forensic sciences.
                    (C) To fund the development of new forensics 
                techniques, including automated testing methodologies, 
                and to help transition these techniques to industry and 
                practitioners.
                    (D) To evaluate new and existing forensic 
                techniques in terms of reliability, cost effectiveness, 
                and other metrics, as appropriate, and to help 
                transition these techniques to industry and 
                practitioners.
                    (E) To provide training opportunities for 
                undergraduate, graduate, and postdoctoral students in 
                measurement science, as is relevant to the forensic 
                disciplines.
                    (F) To encourage interdisciplinary research in the 
                forensic sciences by leveraging access to unique 
                National Institute of Standards and Technology 
                facilities and expertise, as appropriate.
                    (G) To broadly disseminate the results of the 
                National Institute of Standards and Technology forensic 
                science research.
            (2) Evaluation.--The Director of the National Institute of 
        Standards and Technology shall conduct a comprehensive 
        evaluation of the Center of Excellence every 4 years--
                    (A) to determine whether the Center of Excellence 
                is achieving the objectives outlined in paragraph (1); 
                and
                    (B) to evaluate the extent to which the Center of 
                Excellence is contributing toward the priorities and 
                objectives described in the unified Federal research 
                strategy developed under section 4(d).
            (3) Report requirement.--The Director of the National 
        Institute of Standards and Technology shall report to the 
        Committee on Commerce, Science, and Transportation and the 
        Committee on the Judiciary of the Senate, the Committee on 
        Science, Space, and Technology and the Committee on the 
        Judiciary of the House of Representatives, and the Director of 
        the Coordinating Office the results of each comprehensive 
        evaluation under paragraph (2).
    (g) Scientific Area Committees.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology shall establish scientific area 
        committees to identify gaps in and opportunities for standards 
        development in the forensic sciences. The scientific area 
        committees shall be administered by the Director of the 
        National Institute of Standards and Technology.
            (2) Duties.--The scientific area committees shall be the 
        primary mechanism for identifying and coordinating the 
        development of voluntary consensus forensic science standards 
        as described in subsection (a). The scientific area committees 
        shall submit, for consideration by forensic science 
        stakeholders and by the Commission established in section 9, 
        recommendations on these forensic science standards. In 
        accomplishing this objective, the scientific area committees 
        shall--
                    (A) encourage information exchange within the 
                forensic science community, to include researchers, 
                practitioners, law enforcement, and legal 
                professionals;
                    (B) ensure that standards development is 
                appropriate to the needs of the forensic science 
                community and relevant to practical applications;
                    (C) take into account existing studies and reports;
                    (D) by holding public meetings and disseminating 
                work products for public review and comment to the 
                extent practicable, support public participation in the 
                standards development process and the broad adoption of 
                forensic science standards; and
                    (E) ensure that proposed standards have been 
                validated by the National Institute of Standards and 
                Technology under section 8(b) prior to publication in 
                the Federal Register.
            (3) Members.--The scientific area committees shall have 
        significant representation from forensic science practitioners, 
        academic researchers, and statisticians to balance scientific 
        rigor with practical and regulatory constraints, and, to the 
        extent practicable, the majority of the scientific area 
        committees shall have a minimum representation of 50 percent 
        from forensic science practitioners. Each member of a 
        scientific area committee shall have significant academic, 
        research, or practical expertise in a discipline of forensic 
        science or in another area relevant to the purpose of the 
        scientific area committee.
            (4) Federal advisory committee act.--A scientific area 
        committee established under this subsection shall not be 
        subject to the Federal Advisory Committee Act (5 U.S.C. App.).
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated out of otherwise available appropriations to the National 
Institute of Standards and Technology to carry out this section--
            (1) $10,000,000 for fiscal year 2017;
            (2) $15,000,000 for fiscal year 2018;
            (3) $20,000,000 for fiscal year 2019;
            (4) $27,000,000 for fiscal year 2020; and
            (5) $35,000,000 for fiscal year 2021.

SEC. 9. NATIONAL COMMISSION ON FORENSIC SCIENCE.

    (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 
National Commission on Forensic Science.
    (b) Duties.--The Commission shall--
            (1) provide advice to the Federal agencies implementing the 
        unified Federal research strategy developed under section 4(d);
            (2) provide advice to the National Institute of Standards 
        and Technology, including recommendations regarding the 
        National Institute of Standards and Technology's 
        responsibilities under section 8;
            (3) receive and review recommendations on standards 
        development from the scientific area committees established 
        under section 8(g) and, based on its review, advise the 
        Department of Justice on the promotion of forensic science 
        standards; and
            (4) provide advice to the Department of Justice, including 
        recommendations regarding the development of a forensic science 
        uniform code of professional responsibility and the Department 
        of Justice's responsibilities under section 10.
    (c) Subcommittees.--The Commission 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 Commission.
    (d) Chairs.--The Director of the National Institute of Standards 
and Technology and the Attorney General, or their designees, shall co-
chair the Commission.
    (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 Commission. The Commission shall include balanced 
representation among--
            (1) independent scientists with expertise in forensic 
        science disciplines and other related disciplines, including 
        statistics, social sciences, and engineering;
            (2) forensic science practitioners, including forensic 
        science experts at Federal, State, local, and tribal forensic 
        laboratories; and
            (3) users and parties subject to the use of forensic 
        evidence in the legal system, including the legal community, 
        victim advocate organizations, and law enforcement.
    (f) Administration.--The Attorney General shall provide 
administrative support to the Commission.

SEC. 10. ADOPTION, ACCREDITATION, AND CERTIFICATION.

    The Attorney General shall promote the adoption of forensic science 
standards developed under section 8, including--
            (1) by requiring, as appropriate, each laboratory under the 
        Department of Justice to adopt the forensic science standards;
            (2) by encouraging other Federal forensic laboratories to 
        adopt the forensic science standards;
            (3) by promoting accreditation and certification 
        requirements based on the forensic science standards; and
            (4) by promoting any recommendations made by the Commission 
        for adoption and implementation of forensic science standards.
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