[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4568 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4568
To facilitate the development and distribution of forensic science
standards by establishing in the National Institute of Standards and
Technology the Organization of Scientific Area Committees for Forensic
Science, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14, 2020
Mr. Wicker (for himself and Ms. Cantwell) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To facilitate the development and distribution of forensic science
standards by establishing in the National Institute of Standards and
Technology the Organization of Scientific Area Committees for Forensic
Science, 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 Research and
Standards Act of 2020''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 2009, the National Research Council published a
report entitled ``Strengthening Forensic Science in the United
States: A Path Forward'', which provided a roadmap for the
future of forensics research.
(2) The Federal Government, forensic science community, the
research community, and the legal community have taken steps to
move the field of forensic science forward since the release of
this report.
(3) There are still scientific advances to be made to bring
further rigor to the forensic analyses used in courts across
the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(2) Board.--The term ``Board'' means the Forensic Science
Standards Board established under section 5(b)(1).
(3) Forensic science.--The term ``forensic science'' refers
to the application of scientific or technical practices to the
recognition, collection, analysis, and interpretation of
evidence to establish opinions, facts, and findings that can be
used for criminal and civil law or regulatory purposes.
(4) Forensic science community.--The term ``forensic
science community'' means forensic science practitioners,
agencies, and service providers, forensic medicolegal death
investigators, medical examiners or coroners, agencies, and
service providers, various scientists, and forensic
organizational members with applied scientific and technical
knowledge of and proximity to the area of forensic science.
(5) Forensic science practitioner.--The term ``forensic
science practitioner'' means an individual who--
(A) applies scientific or technical practices to
the recognition, collection, analysis, or
interpretation of evidence for criminal and civil law
or regulatory purposes; and
(B) issues test results, provides reports, or
provides interpretations, conclusions, or opinions
through testimony with respect to such evidence.
(6) Organization.--The term ``Organization'' means the
Organization of Scientific Area Committees for Forensic Science
established under section 5(a)(1).
(7) Nongovernmental standards development organizations.--
The term ``nongovernmental standards development organization''
means a standards developing organization as defined in section
2(e) of Office of Management and Budget Circular A-119
(relating to Federal participation in the development and use
of voluntary consensus standards in conformity assessment
activities), or any successor document.
SEC. 4. NATIONAL FORENSIC SCIENCE RESEARCH COORDINATION AND STRATEGY.
(a) Interagency Working Group on Forensic Science.--
(1) Establishment.--The Director of the Office of Science
and Technology Policy shall establish an interagency working
group (referred to in this section as the ``Working Group'')
for the purpose of developing a research strategy for forensic
science.
(2) Membership.--
(A) Composition.--The Working Group shall be
composed of members as follows:
(i) One or more members selected by the
Director of the National Science Foundation as
the Director of the National Science Foundation
considers appropriate.
(ii) One or more members selected by the
Director of the National Institute of Standards
and Technology as the Director of the National
Institute of Standards and Technology considers
appropriate.
(iii) One or more members selected by the
Attorney General as the Attorney General
considers appropriate, which shall include a
representative with expertise in conducting
scientific research.
(iv) One or more members selected by the
Director of the Office of Science and
Technology Policy as the Director considers
appropriate.
(v) Such additional members from such other
Federal agencies responsible for conducting
forensic science research or that have
expertise in conducting and funding scientific
research as the Director of the Office of
Science and Technology Policy considers
appropriate.
(B) Requirement.--Each member of the Working Group
appointed under subparagraph (A) shall be an employee
of the Federal Government.
(3) Chairperson and vice chairperson.--
(A) In general.--The Working Group shall select a
Chairperson and Vice Chairperson from among the members
of the Working Group.
(B) Term.--The terms of the Chairperson and the
Vice Chairperson of the Working Group shall each be for
periods of 2 years.
(C) Rotating basis.--After the initial terms of the
Chairperson and Vice Chairperson of the Working Group,
such positions shall be filled on a rotating basis from
the members of the Working group for successive 2-year
terms.
(4) Research strategy.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act and not less
frequently than once every 2 years thereafter until the
termination of the Working Group, the Working Group
shall publish a research strategy for the Federal
Government on forensic science.
(B) Contents.--The strategy required by
subparagraph (A) shall include the following:
(i) Specification of priority areas,
including specific milestones and objectives as
appropriate, for the short-term and long-term
research necessary--
(I) to enhance the validity and
reliability of forensic science
disciplines, including emerging
disciplines; and
(II) to provide the scientific
basis for the development and updating
of forensic science standards pursuant
to section 5.
(ii) A description of the role of each
relevant Federal agency in supporting the
specific areas of research identified under
clause (i).
(iii) A description of common metrics and
other evaluation criteria that will be used to
assess progress toward achieving the
priorities, milestones, and objectives
identified under clause (i), consistent with
the mission of each Federal agency specified
under clause (ii).
(iv) Recommendations, if any, for policies
to support the implementation of the research
strategy, including opportunities for new or
expanded interagency collaborations.
(v) A description of the options, if any,
for a Federal Government role in helping to
ensure the viability of a nongovernmental
standards development organization for the
promulgation of forensic science standards
developed under section 5.
(vi) A description of changes or progress
since the publication of the previous research
strategy.
(5) Consultation required.--In developing the research
strategy under paragraph (4), the Working Group shall consult
with stakeholders, including forensic science practitioners,
forensic science working groups within the Office of Justice
Programs of the Department of Justice, the Organization of
Scientific Area Committees (OSAC) for Forensic Science of the
National Institute of Standards and Technology, statisticians,
criminal justice stakeholders, and research scientists to
ensure that the strategy takes into account practical
applications and implementation of the research.
(6) Termination.--The Working Group established under
paragraph (1) shall terminate on the date that is 10 years
after the date on which such working group is established.
(b) Implementation.--The Director of the National Science
Foundation, the Director of the National Institute of Standards and
Technology, and the Attorney General, shall continue to advance the
foundation and practice of forensic science in the United States by--
(1) conducting or supporting research in forensic science,
consistent with the Federal research strategy developed under
subsection (a)(3);
(2) building relationships between members of the forensic
science community and researchers at universities;
(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).
SEC. 5. FACILITATING DEVELOPMENT AND DISTRIBUTION OF FORENSIC SCIENCE
STANDARDS.
(a) Organization of Scientific Area Committees for Forensic
Science.--
(1) Establishment.--The Secretary of Commerce, acting
through the Director of the National Institute of Standards and
Technology, shall establish in the National Institute of
Standards and Technology an organization to facilitate the
development of forensic science standards.
(2) Designation.--The organization established under
paragraph (1) shall be known as the ``Organization of
Scientific Area Committees for Forensic Science''.
(3) Composition.--The Organization shall be composed of the
following:
(A) The Forensic Science and Standards Board
established under subsection (b).
(B) Each scientific area committee established
under subsection (c).
(4) Duties of the organization.--The duties of the
Organization are as follows:
(A) Facilitating the development and distribution
of scientifically sound, consensus-based documentary
standards and guidelines for forensic science,
including through formal collaboration with
nongovernmental standards development organizations.
(B) Establishing a registry of scientifically sound
forensic science standards and guidelines approved and
endorsed by the Organization.
(C) Establish a process for regularly re-evaluating
existing standards and guidelines published for
placement on the registry established under
subparagraph (B).
(D) Promoting the adoption of the standards and
guidelines described in subparagraph (A) by the
forensic science community and as included in the
registry established under subparagraph (B).
(b) Forensic Science Standards Board.--
(1) Establishment.--The Secretary, acting through the
Director, shall establish in the Organization a board to
oversee the operations of the Organization and its committees.
(2) Designation.--The board established under paragraph (1)
shall be known as the ``Forensic Science Standards Board''.
(3) Composition.--The Board shall be composed of the
following:
(A) Members selected by the Secretary to serve on
the Board from among--
(i) members of the forensic science
community;
(ii) scientists and engineers with relevant
expertise at institutions of higher education
and other nonprofit research organizations;
(iii) statisticians;
(iv) a representative of each of the task
groups established under subsection (d), as the
Secretary considers appropriate; and
(v) such other communities or sectors as
the Secretary considers appropriate.
(B) The chairpersons of the scientific area
committees established under subsection (c).
(4) Duties.--The duties of the Board are as follows:
(A) Overseeing all operations of the Organization,
including the committees of the Organization.
(B) Establishing governance rules and policies for
the Organization.
(C) Facilitating communication within the
Organization and between the Organization, the criminal
justice community, and the forensic science community.
(D) Overseeing the reviewing and approving process
of standards to be added to the registry established
under subsection (a)(4)(B).
(5) Authority to approve standards for listing in registry
of forensic science standards and guidelines.--The Board may
approve standards for listing on the registry established under
subsection (a)(4)(B).
(c) Scientific Area Committees.--
(1) Establishment.--The Secretary, acting through the
Director, shall establish one or more scientific area
committees to carry out the work of the Organization.
(2) Membership.--
(A) Composition.--Each scientific area committee
established under paragraph (1) shall be composed of
the following:
(i) The chairperson of the scientific area
committee.
(ii) The vice chairperson of the scientific
area committee.
(iii) Each chairperson of a subcommittee
established in the scientific area committee
under paragraph (3).
(B) Chairperson and vice chairperson.--
(i) In general.--For each scientific area
committee established under paragraph (1), the
Secretary shall appoint a chairperson and a
vice chairperson for the scientific area
committee from among individuals with expertise
in the subject area of the scientific area
committee.
(ii) Service.--Each chairperson and vice
chairperson appointed under clause (i) shall
serve as a chairperson or vice chairperson at
the pleasure of the Secretary.
(3) Subcommittees.--
(A) Establishment.--The Secretary may establish
such subcommittees in a scientific area committee
established under paragraph (1) as the Secretary
considers appropriate to assist in the work of the
scientific area committee.
(B) Membership.--Each subcommittee established
under subparagraph (A) shall be composed of such
members selected by the Secretary from among the
following:
(i) Forensic science practitioners.
(ii) Scientists and engineers at
institutions of higher education and other
nonprofit research organizations.
(iii) Statisticians.
(iv) Representatives of the legal
community.
(v) Such others as the Secretary considers
appropriate for purposes of this section.
(4) Duties.--The duties of a scientific area committee
established under paragraph (1) shall be as follows:
(A) Coordinating the operation and activities of
specific forensic science discipline subcommittees in
order to encourage communication across all subject and
discipline specific subcommittees.
(B) Providing opportunity to the public to engage
the forensic science community in matters relating to
priorities, standards, and guidelines.
(C) Covering topics of high importance to the
forensic community, such as matters relating to the
following:
(i) Biology.
(ii) Chemistry, including--
(I) matters relating to seized
drugs and toxicology; and
(II) matters relating to trace
evidence.
(iii) Scene examination.
(iv) Medicine.
(v) Digital and multimedia.
(vi) Physics and pattern interpretation.
(vii) Computational forensic algorithms.
(D) Furthering the development of standards under
subsection (e)(1) and other guidelines.
(d) Resource Task Groups.--
(1) Establishment.--The Secretary, acting through the
Board, shall establish legal, human factors, quality, and
statistics task groups to support and assist the Organization
with matters relating to questions of law, human factors,
ethical and social implications of technology, workflow
processes, quality assurance, and statistics.
(2) Membership.--The Secretary, acting through the Board,
shall ensure that each task group established under paragraph
(1) is composed of voting members of the subcommittees
established under subsection (c)(3) who have relevant
expertise.
(3) Chairpersons.--The Secretary, acting through the Board,
shall appoint a chairperson of each task group established
under paragraph (1).
(e) Forensic Science Standards Development Process.--
(1) Standards development process.--The Secretary, acting
through the Organization, shall implement a process to
facilitate the development of scientifically sound, consensus-
based forensic standards and guidelines, consistent with the
duties described for each entity established under this
section.
(2) Technical review.--
(A) Process required.--The Secretary shall
establish a process for technical peer review to
provide feedback on a draft of a standard or guideline
to a relevant subcommittee of a scientific area
committee before such standard or guideline is
submitted to a nongovernmental standards development
organization or submitted for inclusion in a registry
of forensic standards or guidelines.
(B) Participants.--The process established under
subparagraph (A)--
(i) may include members of the
Organization; and
(ii) shall include additional volunteer
experts from the forensic science community and
the academic research community.
(3) Public comment.--
(A) In general.--The Secretary shall provide for
public comment on draft standards prior to inclusion in
the registry of forensic science standards and
guidelines established under subsection (a)(4)(B).
(B) Comments from research task groups.--The
Secretary shall ensure that--
(i) each resource task group established
under subsection (d) may submit, as a group,
comments on draft standards described in
subparagraph (A); and
(ii) any comments submitted under clause
(i), and any adjudication of such comments by
the Organization, are made available to the
public.
(4) Submission to standards developing organization.--The
Secretary shall ensure that standards proposed by the
Organization and approved for the registry of forensic science
standards and guidelines established under subsection (a)(4)(B)
are submitted to a nongovernmental standards development
organization for review and formal adoption as standard.
(5) Grants.--The Secretary, acting through the Director,
shall award grants through a competitive process--
(A) to support activities under paragraph (3); and
(B) to ensure that the standards approved for
inclusion in the registry of forensic science standards
and guidelines required by subsection (a)(4)(B) are
submitted to a nongovernmental standards development
organization.
(f) Forensic Standards for Authenticating Digital Evidence.--
(1) Furthering development of standards.--
(A) In general.--The Digital or Multimedia
Subcommittee, or any successor thereto, shall develop
standards for validating or assessing the authenticity
of digital content, including content created by
technologies that synthesize or manipulate digital
content such as deepfakes.
(B) Collaboration.--In carrying out subparagraph
(A), the subcommittee described in such subparagraph
shall collaborate with the forensic science community
and experts who study advanced techniques for digital
content manipulation, including those in academia and
government entities such as the Defense Advanced
Research Projects Agency (DARPA).
(2) Resource development.--The Organization shall develop
and compile resources and materials for use by the forensic
science community in developing standards to authenticate
digital materials.
(3) Congressional briefing.--Not later than 1 year after
the date of the enactment of this Act, the Secretary, acting
through the Director, shall provide the appropriate committees
of Congress a briefing on the status of efforts undertaken
pursuant to this subsection.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000 for each of fiscal
years 2021 through 2026, of which $1,000,000 shall be available in each
of fiscal years 2021 through 2026 to carry out subsection (e)(4).
SEC. 6. FOUNDATIONAL RESEARCH.
The Director shall conduct foundational studies to--
(1) identify and document the technical merit and validity
of select forensic science methods, practices, and disciplines,
including their capabilities, limitations, and knowledge gaps;
and
(2) identify opportunities for advancements in forensic
methods, practices, and disciplines through additional research
and improvements to practice.
<all>