,,ii #aacth ,,congress #b;d ,session ,s4 #bjbb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjad ,mr4 ,rockefeller introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish scientific standards and protocols across forensic disciplines1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,forensic ,science and ,standards ,act of #bjad4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,national forensic science research program4 ,sec4 #e4 ,forensic science research grants program4 ,sec4 #f4 ,forensic science research challenges4 ,sec4 #g4 ,forensic science standards4 ,sec4 #h4 ,forensic ,science ,advisory ,committee4 ,sec4 #i4 ,adoption1 accreditation1 and certification4 ,sec4 #aj4 ,national ,institute of ,standards and ,technology functions4 #b4 ,findings ,congress finds that-- 7#a7 at the direction of ,congress1 the ,national ,academy of ,sciences led a comprehensive review of the state of forensic science and issued its findings in a #bjji report1 ,strengthening ,forensic ,science in the ,united ,states3 ,a ,path ,forward2 7#b7 the report's findings indicate the need for independent scientific research to support the foundation of forensic disciplines2 7#c7 the report stresses the need for standards in methods1 data interpretation1 and reporting1 and the importance of preventing cognitive bias and mitigating human factors2 and 7#d7 according to the report1 forensic science research is not financially well supported1 and there is a need for a unified strategy for developing a forensic science research plan across ,federal agencies4 #c4 ,definitions ,in this ,act3 7#a7 ,advisory ,committee ,the term ,advisory ,committee means the ,forensic ,science ,advisory ,committee established under section #h4 7#b7 ,coordinating ,office ,the term ,coordinating ,office means the ,national ,forensic ,science ,coordinating ,office established under section #d4 7#c7 ,forensic science 7,a7 ,in general ,the term forensic science means the basic and applied scientific research applicable to the collection1 evaluation1 and analysis of physical evidence1 including digital evidence1 for use in investigations and legal proceedings1 including all tests1 methods1 measurements1 and procedures4 7,b7 ,applied scientific research ,in subparagraph 7,a71 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 met4 7,c7 ,basic scientific research ,in subparagraph 7,a71 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 products4 7#d7 ,standards development organization ,the term standards development organization means a domestic or an international organization that plans1 develops1 establishes1 or coordinates voluntary consensus standards using procedures that incorporate openness1 a balance of interests1 consensus1 due process1 and an appeals process4 #d4 ,national forensic science research program 7a7 ,establishment ,there shall be a national forensic science research program to improve1 expand1 and coordinate ,federal research in the forensic sciences4 7b7 ,national ,academy of ,sciences ,report on ,forensic ,science ,the ,director of the ,national ,science ,foundation shall contract with the ,national ,academy of ,sciences to develop1 not later than #ahj days after the date of enactment of this ,act1 a report that-- 7#a7 identifies the most critical forensic science disciplines1 which may include forensic pathology and digital forensics1 that require further research to strengthen the scientific foundation in those disciplines2 and 7#b7 makes recommendations regarding research that will help strengthen the scientific foundation in the forensic science disciplines identified under paragraph 7#a74 7c7 ,national forensic science coordinating office 7#a7 ,establishment ,there is established a ,national ,forensic ,science ,coordinating ,office1 with a director and full-time staff1 to be located at the ,national ,science ,foundation4 ,the ,director of the ,coordinating ,office shall be responsible for carrying out the provisions of this subsection4 7#b7 ,unified ,federal research strategy ,the ,coordinating ,office established under paragraph 7#a7 shall coordinate among relevant ,federal departments1 agencies1 or offices-- 7,a7 the development of a unified ,federal research strategy that-- 7i7 specifies and prioritizes the research necessary to enhance the validity and reliability of the forensic science disciplines2 and 7ii7 is consistent with the recommendations in the ,national ,academy of ,sciences report on forensic science under subsection 7b72 7,b7 the development of a #e-year roadmap1 updated triennially thereafter1 for the unified ,federal research strategy under subparagraph 7,a7 that includes a description of-- 7i7 which department1 agency1 or office will carry out each specific element of the unified ,federal research strategy2 7ii7 short-term and long-term priorities and objectives2 and 7iii7 common metrics and other evaluation criteria that will be used to assess progress toward achieving the priorities and objectives under clause 7ii72 and 7,c7 any necessary programs1 policies1 and budgets to support the implementation of the roadmap under subparagraph 7,b74 7#c7 ,additional duties ,the ,coordinating ,office shall-- 7,a7 evaluate annually the national forensic science research program to determine whether it is achieving its objectives2 and 7,b7 report annually to ,congress the findings under subparagraph 7,a74 7#d7 ,deadlines ,the ,coordinating ,office shall submit to ,congress-- 7,a7 not later than #a year after the date of enactment of this ,act1 the unified ,federal research strategy under paragraph 7#b77;,a72 7,b7 not later than #a year after the date of enactment of this ,act1 the initial #e-year roadmap under paragraph 7#b77;,b72 and 7,c7 not later than #a month after the date it is updated1 each updated #e-year roadmap under paragraph 7#b77;,b74 #e4 ,forensic science research grants program 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 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 #d4 7b7 ,merit review ,each grant under this section shall be awarded on a merit-reviewed1 competitive basis4 7c7 ,publication ,the ,national ,science ,foundation shall support1 as appropriate1 the publication of research results under this section in scholarly1 peer-reviewed scientific journals4 7d7 ,forensic science research centers 7#a7 ,in general ,as part of the forensic science research grants program under subsection 7a71 the ,director of the ,national ,science ,foundation shall establish #b forensic science research centers-- 7,a7 to conduct research consistent with the unified ,federal research strategy under section #d2 7,b7 to build relationships between forensic science practitioners and members of the research community2 7,c7 to encourage and promote the education and training of a diverse group of people to be leaders in the interdisciplinary field of forensic science2 and 7,d7 to broadly disseminate the results of the research under subparagraph 7,a74 7#b7 ,terms of designation 7,a7 ,in general ,the ,director shall designate each forensic science research center for a #d-year term4 7,b7 ,revocation ,the ,director may revoke a designation under subparagraph 7,a7 if the ,director determines that the forensic science research center is not demonstrating adequate performance4 7,c7 ,amount of award ,subject to subsection 7f71 the ,director shall award a grant up to #aj1jjj1jjj to each forensic science research center4 ,a grant awarded under this subparagraph shall be for a period of #d years4 7,d7 ,limitation on use of funds ,no funds authorized under this section may be used to construct or renovate a building or structure4 7#c7 ,reports ,each forensic science research center shall submit an annual report to the ,director1 at such time and in such manner as the ,director may require1 that contains a description of the activities the center carried out with the funds received under this subsection1 including a description of how those activities satisfy the requirement under paragraph 7#b77;,d74 7e7 ,evaluation 7#a7 ,in general ,the ,director of the ,national ,science ,foundation shall conduct a comprehensive evaluation of the forensic science research grants program every #d years-- 7,a7 to determine whether the program is achieving the objectives of improving the foundation and practice of forensic science in the ,united ,states2 and 7,b7 to evaluate the extent to which the program is contributing toward the priorities and objectives described in the roadmap under section #d7;c77#b77;,b74 7#b7 ,report to ,congress ,the ,director of the ,national ,science ,foundation shall report to ,congress the results of each comprehensive evaluation under paragraph 7#a74 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,national ,science ,foundation to carry out this section-- 7#a7 #cg1jjj1jjj for fiscal year #bjad2 7#b7 #dj1jjj1jjj for fiscal year #bjae2 7#c7 #dc1jjj1jjj for fiscal year #bjaf2 7#d7 #df1jjj1jjj for fiscal year #bjag2 and 7#e7 #di1jjj1jjj for fiscal year #bjah4 #f4 ,forensic science research challenges 7a7 ,prizes and challenges 7#a7 ,in general ,a ,federal department1 agency1 or office may assist in satisfying the research needs and priorities identified in the unified ,federal research strategy under section #d by using prizes and challenges under the ,america ,,competes ,reauthorization ,act 7#abd ,stat4 #cihb7 or under any other provision of law1 as appropriate4 7#b7 ,purposes ,the purpose of a prize or challenge under this section1 among other possible purposes1 may be-- 7,a7 to determine or develop the best data collection practices or analytical methods to evaluate a specific type of forensic data2 or 7,b7 to determine the accuracy of an analytical method4 7b7 ,forensic evidence prizes and challenges 7#a7 ,in general ,a ,federal department1 agency1 or office1 or multiple ,federal departments1 agencies1 or offices in cooperation1 carrying out a prize or challenge under this section-- 7,a7 may establish a prize advisory board2 and 7,b7 shall select each member of the prize advisory board with input from relevant ,federal departments1 agencies1 or offices4 7#b7 ,prize advisory board ,the prize advisory board shall-- 7,a7 identify #a or more types of forensic evidence for purposes of a prize or challenge2 7,b7 using the samples under paragraph 7#c71 recommend how to structure a prize or challenge that requires a competitor to develop a forensic data collection practice1 an analytical method1 or a relevant approach or technology to be tested relative to a known outcome or other proposed judging methodology2 and 7,c7 through the ,coordinating ,office1 advise relevant ,federal departments1 agencies1 or offices in designing prizes or challenges that satisfy the research needs and priorities identified in the unified ,federal research strategy under section #d4 7#c7 ,samples ,the ,national ,institute of ,standards and ,technology or the ,department of ,justice shall provide or contract with a non-,federal party to prepare1 for each type of forensic evidence under paragraph 7#b77;,a71 a sufficient set of samples1 including associated digital data that could be shared without limitation and physical specimens that could be shared with qualified parties1 for purposes of a prize or challenge4 7#d7 ,fingerprint data interoperability ,at least #a prize or challenge under this section shall be focused on achieving nationwide fingerprint data interoperability if the prize advisory board1 the ,coordinating ,office1 or a ,federal department1 agency1 or office identifies an area where a prize or challenge will assist in satisfying a strategy related to this issue4 #g4 ,forensic science standards 7a7 ,establishment 7#a7 ,in general ,the ,national ,institute of ,standards and ,technology shall-- 7,a7 identify or coordinate the development of forensic science standards to enhance the validity and reliability of forensic science activities1 including-- 7i7 authoritative methods1 standards1 and technical guidance1 including protocols and best practices1 for forensic measurements1 analysis1 and interpretation2 7ii7 technical standards for products and services used by forensic science practitioners2 7iii7 standard content1 terminology1 and parameters to be used in reporting and testifying on the results and interpretation of forensic science measurements1 tests1 and procedures2 and 7iv7 standards to provide for the interoperability of forensic science-related technology and databases2 7,b7 test and validate existing forensics standards1 as appropriate2 and 7,c7 provide independent validation of forensic science measurements and methods4 7#b7 ,consultation 7,a7 ,in general ,in carrying out its responsibilities under paragraph 7#a71 the ,national ,institute of ,standards and ,technology shall consult with-- 7i7 standards development organizations and other stakeholders1 including relevant ,federal departments1 agencies1 and offices2 and 7ii7 testing laboratories and accreditation bodies to ensure that products and services meet necessary performance levels4 7#c7 ,prioritization ,when prioritizing its responsibilities under paragraph 7#a71 the ,national ,institute of ,standards and ,technology shall consider-- 7,a7 the unified ,federal research strategy under section #d2 and 7,b7 the recommendations of any expert working group under subsection 7b74 7#d7 ,report to ,congress ,the ,director of the ,national ,institute of ,standards and ,technology shall report annually1 with the ,president's budget request1 to ,congress on the progress in carrying out the ,national ,institute of ,standards and ,technology's responsibilities under paragraph 7#a74 7b7 ,expert working groups 7#a7 ,in general ,the ,director of the ,national ,institute of ,standards and ,technology may establish #a or more discipline-specific expert working groups to identify gaps1 areas of need1 and opportunities for standards development with respect to forensic science4 7#b7 ,members ,a member of an expert working group shall-- 7,a7 be appointed by the ,director of the ,national ,institute of ,standards and ,technology2 7,b7 have significant academic1 research1 or practical expertise in a discipline of forensic science or in another area relevant to the purpose of the expert working group2 and 7,c7 balance scientific rigor with practical and regulatory constraints4 7#c7 ,federal ,advisory ,committee ,act ,an expert working group established under this subsection shall not be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,national ,institute of ,standards and ,technology to carry out this section-- 7#a7 #ab1jjj1jjj for fiscal year #bjad2 7#b7 #bj1jjj1jjj for fiscal year #bjae2 7#c7 #bg1jjj1jjj for fiscal year #bjaf2 7#d7 #ce1jjj1jjj for fiscal year #bjag2 and 7#e7 #dc1jjj1jjj for fiscal year #bjah4 #h4 ,forensic ,science ,advisory ,committee 7a7 ,establishment ,the ,director of the ,national ,institute of ,standards and ,technology and the ,attorney ,general1 in collaboration with the ,director of the ,national ,science ,foundation1 shall establish a ,forensic ,science ,advisory ,committee4 7b7 ,duties ,the ,advisory ,committee shall provide advice to-- 7#a7 the ,federal departments1 agencies1 and offices implementing the unified ,federal research strategy under section #d2 7#b7 the ,national ,institute of ,standards and ,technology1 including recommendations regarding the ,national ,institute of ,standards and ,technology's responsibilities under section #g2 and 7#c7 the ,department of ,justice1 including recommendations regarding the ,department of ,justice's responsibilities under section #i4 7c7 ,subcommittees ,the ,advisory ,committee may form subcommittees related to specific disciplines in forensic science or as necessary to further its duties under subsection 7b74 ,a subcommittee may include an individual who is not a member of the ,advisory ,committee4 7d7 ,chairs ,the ,director of the ,national ,institute of ,standards and ,technology and the ,attorney ,general1 or their designees1 shall co-chair the ,advisory ,committee4 7e7 ,membership ,the ,director of the ,national ,institute of ,standards and ,technology and the ,attorney ,general1 in consultation with the ,director of the ,national ,science ,foundation1 shall appoint each member of the ,advisory ,committee4 ,the ,advisory ,committee shall include balanced representation between forensic science disciplines 7including academic scientists1 statisticians1 social scientists1 engineers1 and representatives of other related scientific disciplines7 and relevant forensic science applications 7including ,federal1 ,state1 and local representatives of the forensic science community1 the legal community1 victim advocate organizations1 and law enforcement74 7f7 ,administration ,the ,attorney ,general shall provide administrative support to the ,advisory ,committee4 7g7 ,federal ,advisory ,committee ,act ,the ,advisory ,committee established under this section shall not be subject to section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 #i4 ,adoption1 accreditation1 and certification ,the ,attorney ,general-- 7#a7 shall promote the adoption of forensic science standards developed under section #g1 including-- 7,a7 by requiring each ,federal forensic laboratory to adopt the forensic science standards2 7,b7 by encouraging each non-,federal forensic laboratory to adopt the forensic science standards2 7,c7 by promoting accreditation and certification requirements based on the forensic science standards2 and 7,d7 by promoting any recommendations made by the ,advisory ,committee for adoption and implementation of forensic science standards2 and 7#b7 may promote the adoption of the forensic science standards as a condition of ,federal funding or for inclusion in national data sets4 #aj4 ,national ,institute of ,standards and ,technology functions ,section #b7;b7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgb7;b77 is amended-- 7#a7 in paragraph 7#ab71 by striking and after the semicolon2 7#b7 in paragraph 7#ac71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#ad7 to identify and coordinate the development of forensic science standards to enhance the validity and reliability of forensic science activities4 4