[Congressional Record Volume 158, Number 104 (Thursday, July 12, 2012)]
[Senate]
[Pages S4952-S4954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER:
  S. 3378. A bill to establish scientific standards and protocols 
across forensic disciplines, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, the criminal justice system relies on 
forensic science to identify and prosecute criminals and exonerate the 
falsely accused. But in a pathbreaking 2009 report to Congress, the 
National Academy of Sciences found that the interpretation of forensic 
evidence is severely compromised by the lack of supporting science and 
standards. They concluded, ``The bottom line is simple: In a number of 
forensic science disciplines, forensic science professionals have yet 
to establish either the validity of their approach or the accuracy of 
their conclusions, and the courts have been utterly ineffective in 
addressing this problem.''
  In a series of recent articles, the Washington Post reported on 
flawed forensic work that may be responsible for the wrongful 
convictions in thousands of criminal cases. An April Post editorial 
urged the Justice Department to conduct a full review of all cases that 
ended in conviction, and a July 11 story reports that the Justice 
Department and the FBI have now launched such a review. The National 
Academy of Sciences, the Washington Post, the Innocence Project, and 
the National Association of Criminal Defense Lawyers, among others, 
have all called for strengthened forensic science and standards.
  The Forensic Science and Standards Act of 2012 responds to this call 
by promoting research. The bill would establish a National Forensic 
Science Coordinating Office, housed at the National Science Foundation, 
NSF, to develop a research strategy and roadmap and to support the 
implementation of that roadmap across relevant Federal agencies.
  NSF would establish a forensic science grant program to award funding 
in areas specifically identified by the research strategy. NSF would be 
directed to award two grants to create forensic science research 
centers to conduct research, build relationships with forensic 
practitioners, and educate students. All agencies with equities in 
forensic science would be encouraged to use prizes and challenges to 
stimulate innovative and creative solutions to satisfy the research 
needs and priorities identified in the research strategy.
  The bill requires standard development. The National Institute of 
Standards and Technology, NIST, would be directed to develop forensic 
science standards, in consultation with standards development 
organizations and other stakeholders. NIST could establish and solicit 
advice from discipline-specific expert working groups to identify 
standards development priorities and opportunities.
  The bill requires implementing uniform standards. To advise on the 
application of the new standards, a Forensic Science Advisory Committee 
chaired by the Director of NIST and the Attorney General would be 
established. The Advisory Committee, composed of research scientists, 
forensic science practitioners, and users from the legal and law 
enforcement communities, would make recommendations to the Attorney 
General on adoption of standards. The Attorney General would direct the 
standards' implementation in Federal forensic science laboratories and 
would encourage adoption in non-Federal laboratories as a condition of 
Federal funding or for inclusion in national databases.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3378

       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

[[Page S4953]]

     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

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     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.''.
                                 ______