Forensic Science and Standards Act of 2012 - Establishes a national forensic science research program to improve, expand, and coordinate federal research in forensic sciences.
Requires the Director of the National Science Foundation (NSF) to enter into a contract with the National Academy of Sciences (NAS) to develop a report identifying the most critical forensic science disciplines that require further research to strengthen the scientific foundation in those disciplines and making recommendations.
Establishes a National Forensic Science Coordinating Office at the NSF to coordinate among federal agencies: (1) the development of a unified federal research strategy to enhance the validity and reliability of forensic science disciplines; (2) the development of a five-year roadmap, updated triennially, for the unified strategy; and (3) any necessary programs, policies, and budgets to support implementation of the roadmap.
Directs NSF to create a merit-reviewed, competitive forensic science research grants program to improve the foundation and practice of forensic science in the United States, based on recommendations in the unified strategy.
Requires NSF to: (1) establish two forensic science research centers to conduct research consistent with the unified strategy, (2) award a grant of up to $10 million to each center, and (3) conduct a comprehensive evaluation of the grants program every four years.
Requires the National Institute of Standards and Technology (NIST) to identify or coordinate the development of forensic science standards to enhance the validity and reliability of forensic science activities.
Instructs NIST to establish a Forensic Science Advisory Committee to provide advice to federal agencies, NIST, and the Department of Justice.
Instructs the Attorney General to promote the adoption of the standards developed under this Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6106 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6106
To establish scientific standards and protocols across forensic
disciplines, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2012
Ms. Eddie Bernice Johnson of Texas (for herself, Ms. Edwards, and Mr.
Lipinski) introduced the following bill; which was referred to the
Committee on Science, Space, and Technology, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish scientific standards and protocols across forensic
disciplines, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forensic Science
and Standards Act of 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 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 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.''.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Research and Science Education.
Referred to the Subcommittee on Technology and Innovation.
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