,,ii #aadth ,,congress #b;d ,session ,s4 #cbei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ad1 #bjaf,mr4 ,blumenthal 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 title ,this ,act may be cited as the ,forensic ,science and ,standards ,act of #bjaf4 #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 need for a unified strategy for developing a forensic science research plan across ,federal agencies4 #c4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,national ,commission on ,forensic ,science1 a ,federal advisory committee established under section #i4 7#b7 ,coordinating ,office ,the term ,coordinating ,office means the ,national ,forensic ,science ,coordinating ,office established under section #d7;b74 7#c7 ,forensic science ,the term forensic science means the scientific and technical practice1 including all tests1 methods1 measurements1 and procedures1 applied to the collection1 evaluation1 and analysis of physical and digital evidence1 for use in investigations and legal proceedings4 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 ,initiative 7a7 ,establishment 7#a7 ,in general ,there is established a ,national ,forensic ,science ,research ,initiative to improve1 expand1 and coordinate ,federal research in the forensic sciences4 7#b7 ,duties and responsibilities ,the ,director of the ,office of ,science and ,technology ,policy shall carry out the duties and responsibilities of the ,national ,forensic ,science ,research ,initiative4 7#c7 ,federal participation ,federal participation shall include-- 7,a7 the ,national ,science ,foundation2 7,b7 the ,national ,institute of ,standards and ,technology2 7,c7 the ,department of ,justice2 and 7,d7 other ,federal agencies contributing to research in forensic science4 7b7 ,national forensic science coordinating office 7#a7 ,establishment ,there is established a ,national ,forensic ,science ,coordinating ,office1 with a full-time director and additional staff1 as needed1 to be located at the ,office of ,science and ,technology ,policy4 7#b7 ,director ,the ,director of the ,coordinating ,office shall be a senior ,federal agency manager with appropriate expertise detailed to the ,office of ,science and ,technology ,policy for a period of #c years4 ,responsibility for providing a director shall rotate among the ,federal agencies participating in the ,national ,forensic ,science ,research ,initiative4 7#c7 ,duties of the ,director ,the ,director shall be responsible for carrying out this section1 including coordinating the development of a unified ,federal research strategy under subsection 7d71 working with ,federal agencies to execute the research strategy1 and overseeing periodic reviews of the ,national ,forensic ,science ,research ,initiative4 7#d7 ,funding ,responsibility to fund the ,coordinating ,office shall be shared by the ,federal agencies participating in the ,national ,forensic ,science ,research ,initiative4 ,such ,federal agencies may dedicate additional full-time or part-time staff to the ,coordinating ,office1 as appropriate1 to sustain ongoing activities1 facilitate special studies1 and provide additional support4 7c7 ,report on forensic science ,not later than #ahj days after the date of enactment of this ,act-- 7#a7 the ,director of the ,national ,science ,foundation1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 the ,attorney ,general1 and the ,director of the ,coordinating ,office shall contract with the ,national ,research ,council or a similar external1 independent scientific entity to conduct a study and develop a report that-- 7,a7 assesses progress made in addressing issues identified in the ,national ,research ,council's report entitled ,strengthening ,forensic ,science in the ,united ,states3 ,a ,path ,forward1 issued in ,february1 #bjji2 7,b7 identifies the most critical challenges in forensic science that require further research to-- 7i7 strengthen the scientific foundation of existing forensic science disciplines2 and 7ii7 support the development of emerging forensic science disciplines2 7,c7 makes recommendations regarding research that will help address the challenges identified under subparagraph 7,b71 including recommendations to identify mechanisms to accomplish that research2 7,d7 takes into account previous studies and reports2 and 7,e7 takes into account the expertise and needs of ,federal1 ,state1 local1 and tribal forensic science practitioners1 law enforcement1 the legal community1 victim advocate organizations1 and organizations that defend the wrongfully convicted2 and 7#b7 the entity contracted under paragraph 7#a7 shall submit the report under that paragraph to the ,director of the ,national ,science ,foundation1 the ,director of the ,national ,institute of ,standards and ,technology1 the ,attorney ,general1 and ,congress4 7d7 ,unified federal research strategy ,the ,coordinating ,office shall coordinate with relevant ,federal agencies for-- 7#a7 the development of a unified ,federal research strategy that-- 7,a7 specifies and prioritizes the short-term and long-term research necessary to enhance the establishment1 validity1 and reliability of the forensic science disciplines1 including specific milestones and objectives as appropriate2 7,b7 is consistent with the recommendations in the report required by subsection 7c72 7,c7 describes the role of each ,federal agency in supporting the specific areas of research identified in subparagraph 7,a72 and 7,d7 describes common metrics and other evaluation criteria that will be used to assess progress toward achieving the priorities1 milestones1 and objectives identified under subparagraph 7,a72 and 7#b7 the development of any necessary programs1 policies1 and budgets to support the implementation of the research strategy developed under paragraph 7#a71 including mechanisms for joint-agency review of research proposals1 for interagency co-funding of research activities1 and for information sharing across agencies4 7e7 ,consultation ,in developing and implementing the unified ,federal research strategy1 the ,director of the ,coordinating ,office shall consult with forensic science practitioners1 as appropriate1 to ensure that the unified ,federal research strategy takes into account practical applications and implementations of the research identified under subsection 7d77#a77;,a74 7f7 ,annual report ,the ,coordinating ,office shall submit an annual report to ,congress1 not later than #ij days after the submission of the ,president's annual budget request1 that includes-- 7#a7 the budget for the ,national ,forensic ,science ,research ,initiative for each agency that participates in the program2 and 7#b7 a description of progress made toward achieving the priorities1 milestones1 and objectives identified in the unified ,federal research strategy for the previous fiscal year4 #e4 ,implementation of forensic science research recommendations 7a7 ,establishment ,federal agencies participating in the ,national ,forensic ,science ,research ,initiative1 including the ,national ,science ,foundation1 the ,national ,institute of ,standards and ,technology1 and the ,department of ,justice1 in partnership with the ,director of the ,coordinating ,office1 shall improve the foundation and practice of forensic science in the ,united ,states by-- 7#a7 conducting or supporting research consistent with the unified ,federal research strategy developed under section #d7;d72 7#b7 building relationships between forensic science practitioners and members of the research community2 7#c7 encouraging and promoting the education and training of a diverse group of people to be leaders in the interdisciplinary field of forensic science2 and 7#d7 broadly disseminating the results of the research conducted or supported under paragraph 7#a74 7b7 ,merit review ,each external forensic science research grant awarded by a ,federal agency under this section shall be subject to a competitive merit review process that shall-- 7#a7 be conducted by individuals qualified to evaluate the scientific merit of the proposed research activity2 and 7#b7 evaluate the proposed research activity by criteria that include-- 7,a7 the ability of each proposed research activity to advance knowledge and understanding relevant to the forensic sciences and to benefit society or advance desired societal outcomes2 7,b7 the potential for the research activity to explore creative1 original1 or transformative concepts2 7,c7 the qualifications of the individual1 team1 or organization proposing the research activity and the adequacy of the research plans2 and 7,d7 the adequacy of the resources available to the individual1 team1 or organization proposing the research activity4 7c7 ,publication ,research conducted from grants awarded under this section by ,federal agencies shall take into consideration the requirements of peer-reviewed scientific journals and encourage the communication and open exchange of data and results to other agencies1 policymakers1 and the public4 #f4 ,forensic science research challenges 7a7 ,prizes and challenges 7#a7 ,in general ,a ,federal agency may assist in satisfying the research needs and priorities identified in the unified ,federal research strategy developed under section #d7;d7 by using prizes and challenges under the ,america ,,competes ,reauthorization ,act of #bjaj 7#db ,u4,s4,c4 #ffba et seq47 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 7,b7 to quantify or improve the efficiency1 reliability1 or accuracy of an analytical method2 7,c7 to design new methodologies to integrate evidence collection1 documentation1 and analysis at crime scenes2 or 7,d7 to address other topics as proposed by the forensic science community4 7b7 ,forensic data sets ,the ,director of the ,national ,institute of ,standards and ,technology or the ,attorney ,general shall provide or contract with a non-,federal party to prepare1 if necessary for a prize carried out under this section1 a sufficient set of data or 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 #g4 ,forensic science research at the ,national ,science ,foundation 7a7 ,grants ,the ,director of the ,national ,science ,foundation shall award forensic science basic research grants to improve the foundation and practice of forensic science in the ,united ,states1 consistent with the ,foundation's mission and the recommendations in the unified ,federal research strategy developed under section #d7;d74 7b7 ,forensic science research centers 7#a7 ,in general ,the ,director of the ,national ,science ,foundation shall award grants to support one or more forensic science research centers-- 7,a7 to conduct research consistent with the unified ,federal research strategy developed under section #d7;d7 and with the ,foundation's mission2 7,b7 to help 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 conducted under subparagraph 7,a74 7#b7 ,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 ,director of the ,national ,science ,foundation1 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 section4 7c7 ,evaluation 7#a7 ,in general ,the ,director of the ,national ,science ,foundation shall conduct a comprehensive evaluation of the ,foundation's full portfolio of forensic science research and education grants every #d years-- 7,a7 to determine whether the research supported under the grants is contributing to 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 research is contributing toward the priorities and objectives described in the unified ,federal research strategy developed under section #d7;d74 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 #h4 ,forensic science and standards at ,,nist 7a7 ,in general ,the ,director of the ,national ,institute of ,standards and ,technology shall-- 7#a7 conduct research supporting the development and dissemination of methods1 standards1 and technical guidance for forensic science measurements2 and 7#b7 identify and coordinate the development of voluntary consensus forensic science standards1 including-- 7,a7 methods1 standards1 and technical guidance1 including protocols and best practices1 for analysis and interpretation2 7,b7 technical standards useful in the development of products employed by forensic science practitioners2 7,c7 standard content1 terminology1 and parameters to be used in reporting the results and interpretation of forensic science measurements1 tests1 and procedures2 and 7,d7 standards for the interoperability of forensic science-related technology and databases4 7b7 ,validation program ,the ,director of the ,national ,institute of ,standards and ,technology shall-- 7#a7 develop forensic science measurement standards1 standard reference materials1 standard reference data1 and other reference materials to support forensic science disciplines and associated measurements2 7#b7 test and validate existing forensic science standards1 as appropriate2 and 7#c7 provide independent validation of forensic science measurements and methods1 as appropriate4 7c7 ,consultation ,in carrying out its responsibilities under subsection 7a71 the ,director of the ,national ,institute of ,standards and ,technology1 as appropriate1 shall consult with1 and in carrying out its responsibilities under subsection 7a77#a7 may partner or contract with-- 7#a7 standards development organizations and other stakeholders1 including the ,department of ,justice and other relevant ,federal agencies2 and 7#b7 testing laboratories1 ,state and local forensic science practitioners1 and certification and accreditation bodies4 7d7 ,prioritization ,when prioritizing its responsibilities under subsection 7a71 the ,director of the ,national ,institute of ,standards and ,technology shall consider-- 7#a7 the unified ,federal research strategy developed under section #d7;d72 and 7#b7 the recommendations of the scientific area committees established under subsection 7f74 7e7 ,public review and comment ,the ,director of the ,national ,institute of ,standards and ,technology shall ensure that any proposed voluntary consensus standards1 guidelines1 or methods developed by the ,national ,institute of ,standards and ,technology under this section are publically available1 and that the forensic community has an opportunity for public review and comment on voluntary consensus standards4 7f7 ,center of excellence 7#a7 ,in general ,the ,director of the ,national ,institute of ,standards and ,technology shall establish and operate a competitively selected ,center of ,excellence focusing on measurement sciences1 technology1 and standards in forensic science with the following objectives3 7,a7 ,to improve the standards of practice in the forensic sciences in the ,united ,states4 7,b7 ,to produce research collaborations among the ,national ,institute of ,standards and ,technology1 academia1 forensic science practitioners1 and industry focused on accelerating innovations and new technology development in the forensic sciences4 7,c7 ,to fund the development of new forensics techniques1 including automated testing methodologies1 and to help transition these techniques to industry and practitioners4 7,d7 ,to evaluate new and existing forensic techniques in terms of reliability1 cost effectiveness1 and other metrics1 as appropriate1 and to help transition these techniques to industry and practitioners4 7,e7 ,to provide training opportunities for undergraduate1 graduate1 and postdoctoral students in measurement science1 as is relevant to the forensic disciplines4 7,f7 ,to encourage interdisciplinary research in the forensic sciences by leveraging access to unique ,national ,institute of ,standards and ,technology facilities and expertise1 as appropriate4 7,g7 ,to broadly disseminate the results of the ,national ,institute of ,standards and ,technology forensic science research4 7#b7 ,evaluation ,the ,director of the ,national ,institute of ,standards and ,technology shall conduct a comprehensive evaluation of the ,center of ,excellence every #d years-- 7,a7 to determine whether the ,center of ,excellence is achieving the objectives outlined in paragraph 7#a72 and 7,b7 to evaluate the extent to which the ,center of ,excellence is contributing toward the priorities and objectives described in the unified ,federal research strategy developed under section #d7;d74 7#c7 ,report requirement ,the ,director of the ,national ,institute of ,standards and ,technology shall report to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on the ,judiciary of the ,senate1 the ,committee on ,science1 ,space1 and ,technology and the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,director of the ,coordinating ,office the results of each comprehensive evaluation under paragraph 7#b74 7g7 ,scientific area committees 7#a7 ,in general ,the ,director of the ,national ,institute of ,standards and ,technology shall establish scientific area committees to identify gaps in and opportunities for standards development in the forensic sciences4 ,the scientific area committees shall be administered by the ,director of the ,national ,institute of ,standards and ,technology4 7#b7 ,duties 7,a7 ,in general ,the scientific area committees shall be the primary mechanism for identifying and coordinating the development of voluntary consensus forensic science standards as described in subsection 7a74 ,the scientific area committees shall submit1 for consideration by forensic science stakeholders and by the ,commission established in section #i1 recommendations on these forensic science standards4 ,in accomplishing this objective1 the scientific area committees shall-- 7i7 encourage information exchange within the forensic science community1 to include researchers1 practitioners1 law enforcement1 and legal professionals2 7ii7 ensure that standards development is appropriate to the needs of the forensic science community and relevant to practical applications2 7iii7 take into account existing studies and reports2 and 7iv7 support public participation in the standards development process and the broad adoption of forensic science standards by holding public meetings and disseminating work products for public review and comment to the extent practicable4 7,b7 ,validation of recommendations ,a recommendation on a forensic science standard under subparagraph 7,a7 may not be published in the ,federal ,register until it has been subject to the validation program described in subsection 7b74 7#c7 ,members ,the scientific area committees shall have significant representation from forensic science practitioners1 academic researchers1 and statisticians to balance scientific rigor with practical and regulatory constraints1 and1 to the extent practicable1 the majority of the scientific area committees shall have a minimum representation of #ej percent from forensic science practitioners4 ,each member of a scientific area committee shall have significant academic1 research1 or practical expertise in a discipline of forensic science or in another area relevant to the purpose of the scientific area committee4 7#d7 ,federal ,advisory ,committee ,act ,a scientific area committee established under this subsection shall not be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 #i4 ,national ,commission on ,forensic ,science 7a7 ,establishment ,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 establish a ,national ,commission on ,forensic ,science4 7b7 ,duties ,the ,commission shall-- 7#a7 provide advice to ,federal agencies implementing the unified ,federal research strategy developed under section #d7;d72 7#b7 provide advice to the ,national ,institute of ,standards and ,technology1 including recommendations regarding the ,national ,institute of ,standards and ,technology's responsibilities under section #h2 7#c7 receive and review recommendations on standards development from the scientific area committees established under section #h7;g7 and1 based on its review1 advise the ,department of ,justice on the promotion of forensic science standards2 and 7#d7 provide advice to the ,department of ,justice1 including recommendations regarding the development of a forensic science uniform code of professional responsibility and the ,department of ,justice's responsibilities under section #aj4 7c7 ,subcommittees ,the ,commission 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 ,commission4 7d7 ,chairs ,the ,director of the ,national ,institute of ,standards and ,technology and the ,attorney ,general1 or their designees1 shall co-chair the ,commission4 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 ,commission4 ,the ,commission shall include balanced representation among-- 7#a7 independent scientists with expertise in forensic science disciplines and other related disciplines1 including statistics1 social sciences1 and engineering2 7#b7 forensic science practitioners1 including forensic science experts at ,federal1 ,state1 local1 and tribal forensic laboratories2 and 7#c7 users and parties subject to the use of forensic evidence in the legal system1 including the legal community1 victim advocate organizations1 and law enforcement4 7f7 ,administration ,the ,attorney ,general shall provide administrative support to the ,commission4 #aj4 ,adoption1 accreditation1 and certification ,the ,attorney ,general shall promote the adoption of forensic science standards developed under section #h1 including-- 7#a7 by requiring1 as appropriate1 each laboratory under the ,department of ,justice to adopt the forensic science standards2 7#b7 by encouraging other ,federal forensic laboratories 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 ,commission for adoption and implementation of forensic science standards4