[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
[[Page S4954]]
Federal departments, agencies, and offices; and
(ii) testing laboratories and accreditation bodies to
ensure that products and services meet necessary performance
levels.
(3) Prioritization.--When prioritizing its responsibilities
under paragraph (1), the National Institute of Standards and
Technology shall consider--
(A) the unified Federal research strategy under section 4;
and
(B) the recommendations of any expert working group under
subsection (b).
(4) Report to congress.--The Director of the National
Institute of Standards and Technology shall report annually,
with the President's budget request, to Congress on the
progress in carrying out the National Institute of Standards
and Technology's responsibilities under paragraph (1).
(b) Expert Working Groups.--
(1) In general.--The Director of the National Institute of
Standards and Technology may establish 1 or more discipline-
specific expert working groups to identify gaps, areas of
need, and opportunities for standards development with
respect to forensic science.
(2) Members.--A member of an expert working group shall--
(A) be appointed by the Director of the National Institute
of Standards and Technology;
(B) have significant academic, research, or practical
expertise in a discipline of forensic science or in another
area relevant to the purpose of the expert working group; and
(C) balance scientific rigor with practical and regulatory
constraints.
(3) Federal advisory committee act.--An expert working
group established under this subsection shall not be subject
to the Federal Advisory Committee Act (5 U.S.C. App.).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the National Institute of Standards and
Technology to carry out this section--
(1) $5,000,000 for fiscal year 2013;
(2) $12,000,000 for fiscal year 2014;
(3) $20,000,000 for fiscal year 2015;
(4) $27,000,000 for fiscal year 2016; and
(5) $35,000,000 for fiscal year 2017.
SEC. 8. FORENSIC SCIENCE ADVISORY COMMITTEE.
(a) Establishment.--The Director of the National Institute
of Standards and Technology and the Attorney General, in
collaboration with the Director of the National Science
Foundation, shall establish a Forensic Science Advisory
Committee.
(b) Duties.--The Advisory Committee shall provide advice
to--
(1) the Federal departments, agencies, and offices
implementing the unified Federal research strategy under
section 4;
(2) the National Institute of Standards and Technology,
including recommendations regarding the National Institute of
Standards and Technology's responsibilities under section 7;
and
(3) the Department of Justice, including recommendations
regarding the Department of Justice's responsibilities under
section 9.
(c) Subcommittees.--The Advisory Committee may form
subcommittees related to specific disciplines in forensic
science or as necessary to further its duties under
subsection (b). A subcommittee may include an individual who
is not a member of the Advisory Committee.
(d) Chairs.--The Director of the National Institute of
Standards and Technology and the Attorney General, or their
designees, shall co-chair the Advisory Committee.
(e) Membership.--The Director of the National Institute of
Standards and Technology and the Attorney General, in
consultation with the Director of the National Science
Foundation, shall appoint each member of the Advisory
Committee. The Advisory Committee shall include balanced
representation between forensic science disciplines
(including academic scientists, statisticians, social
scientists, engineers, and representatives of other related
scientific disciplines) and relevant forensic science
applications (including Federal, State, and local
representatives of the forensic science community, the legal
community, victim advocate organizations, and law
enforcement).
(f) Administration.--The Attorney General shall provide
administrative support to the Advisory Committee.
(g) Federal Advisory Committee Act.--The Advisory Committee
established under this section shall not be subject to
section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.).
SEC. 9. ADOPTION, ACCREDITATION, AND CERTIFICATION.
The Attorney General--
(1) shall promote the adoption of forensic science
standards developed under section 7, including--
(A) by requiring each Federal forensic laboratory to adopt
the forensic science standards;
(B) by encouraging each non-Federal forensic laboratory to
adopt the forensic science standards;
(C) by promoting accreditation and certification
requirements based on the forensic science standards; and
(D) by promoting any recommendations made by the Advisory
Committee for adoption and implementation of forensic science
standards; and
(2) may promote the adoption of the forensic science
standards as a condition of Federal funding or for inclusion
in national data sets.
SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
FUNCTIONS.
Section 2(b) of the National Institute of Standards and
Technology Act (15 U.S.C. 272(b)) is amended--
(1) in paragraph (12), by striking ``and'' after the
semicolon;
(2) in paragraph (13), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(14) to identify and coordinate the development of
forensic science standards to enhance the validity and
reliability of forensic science activities.''.
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