S.3259 - Forensic Science and Standards Act of 2016114th Congress (2015-2016)
| Sponsor: | Sen. Blumenthal, Richard [D-CT] (Introduced 07/14/2016) |
|---|---|
| Committees: | Senate - Commerce, Science, and Transportation |
| Latest Action: | Senate - 07/14/2016 Read twice and referred to the Committee on Commerce, Science, and Transportation. (All Actions) |
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Text: S.3259 — 114th Congress (2015-2016)All Information (Except Text)
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Introduced in Senate (07/14/2016)
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3259 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 3259
To establish scientific standards and protocols across forensic
disciplines, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14, 2016
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
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.
This Act may be cited as the ``Forensic Science and Standards Act
of 2016''.
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 need for a unified
strategy for developing a forensic science research plan across
Federal agencies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Commission on Forensic Science, a Federal advisory committee
established under section 9.
(2) Coordinating office.--The term ``Coordinating Office''
means the National Forensic Science Coordinating Office
established under section 4(b).
(3) Forensic science.--The term ``forensic science'' means
the scientific and technical practice, including all tests,
methods, measurements, and procedures, applied to the
collection, evaluation, and analysis of physical and digital
evidence, for use in investigations and legal proceedings.
(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 INITIATIVE.
(a) Establishment.--
(1) In general.--There is established a National Forensic
Science Research Initiative to improve, expand, and coordinate
Federal research in the forensic sciences.
(2) 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 Initiative.
(3) Federal participation.--Federal participation shall
include--
(A) the National Science Foundation;
(B) the National Institute of Standards and
Technology;
(C) the Department of Justice; and
(D) other Federal agencies contributing to research
in forensic science.
(b) National Forensic Science Coordinating Office.--
(1) Establishment.--There is established a National
Forensic Science Coordinating Office, with a full-time director
and additional staff, as needed, to be located at the Office of
Science and Technology Policy.
(2) 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 3 years. Responsibility for providing a
director shall rotate among the Federal agencies participating
in the National Forensic Science Research Initiative.
(3) Duties of the director.--The Director shall be
responsible for carrying out this section, including
coordinating the development of a unified Federal research
strategy under subsection (d), working with Federal agencies to
execute the research strategy, and overseeing periodic reviews
of the National Forensic Science Research Initiative.
(4) Funding.--Responsibility to fund the Coordinating
Office shall be shared by the Federal agencies participating in
the National Forensic Science Research Initiative. Such Federal
agencies may dedicate additional full-time or part-time staff
to the Coordinating Office, as appropriate, to sustain ongoing
activities, facilitate special studies, and provide additional
support.
(c) Report on Forensic Science.--Not later than 180 days after the
date of enactment of this Act--
(1) the Director of the National Science Foundation, in
consultation with the Director of the National Institute of
Standards and Technology, the Attorney General, and the
Director of the Coordinating Office shall contract with the
National Research Council or a similar external, independent
scientific entity to conduct a study and develop a report
that--
(A) assesses progress made in addressing issues
identified in the National Research Council's report
entitled ``Strengthening Forensic Science in the United
States: A Path Forward'', issued in February, 2009;
(B) identifies the most critical challenges in
forensic science that require further research to--
(i) strengthen the scientific foundation of
existing forensic science disciplines; and
(ii) support the development of emerging
forensic science disciplines;
(C) makes recommendations regarding research that
will help address the challenges identified under
subparagraph (B), including recommendations to identify
mechanisms to accomplish that research;
(D) takes into account previous studies and
reports; and
(E) takes into account the expertise and needs of
Federal, State, local, and tribal forensic science
practitioners, law enforcement, the legal community,
victim advocate organizations, and organizations that
defend the wrongfully convicted; and
(2) the entity contracted under paragraph (1) shall submit
the report under that paragraph to the Director of the National
Science Foundation, the Director of the National Institute of
Standards and Technology, the Attorney General, and Congress.
(d) Unified Federal Research Strategy.--The Coordinating Office
shall coordinate with relevant Federal agencies for--
(1) the development of a unified Federal research strategy
that--
(A) specifies and prioritizes the short-term and
long-term research necessary to enhance the
establishment, validity, and reliability of the
forensic science disciplines, including specific
milestones and objectives as appropriate;
(B) is consistent with the recommendations in the
report required by subsection (c);
(C) describes the role of each Federal agency in
supporting the specific areas of research identified in
subparagraph (A); and
(D) describes common metrics and other evaluation
criteria that will be used to assess progress toward
achieving the priorities, milestones, and objectives
identified under subparagraph (A); and
(2) the development of any necessary programs, policies,
and budgets to support the implementation of the research
strategy developed under paragraph (1), including mechanisms
for joint-agency review of research proposals, for interagency
co-funding of research activities, and for information sharing
across agencies.
(e) Consultation.--In developing and implementing the unified
Federal research strategy, the Director of the Coordinating Office
shall consult with forensic science practitioners, as appropriate, to
ensure that the unified Federal research strategy takes into account
practical applications and implementations of the research identified
under subsection (d)(1)(A).
(f) Annual Report.--The Coordinating Office shall submit an annual
report to Congress, not later than 90 days after the submission of the
President's annual budget request, that includes--
(1) the budget for the National Forensic Science Research
Initiative for each agency that participates in the program;
and
(2) a description of progress made toward achieving the
priorities, milestones, and objectives identified in the
unified Federal research strategy for the previous fiscal year.
SEC. 5. IMPLEMENTATION OF FORENSIC SCIENCE RESEARCH RECOMMENDATIONS.
(a) Establishment.--Federal agencies participating in the National
Forensic Science Research Initiative, including the National Science
Foundation, the National Institute of Standards and Technology, and the
Department of Justice, in partnership with the Director of the
Coordinating Office, shall improve the foundation and practice of
forensic science in the United States by--
(1) conducting or supporting research consistent with the
unified Federal research strategy developed under section 4(d);
(2) building relationships between forensic science
practitioners and members of the research community;
(3) encouraging and promoting the education and training of
a diverse group of people to be leaders in the
interdisciplinary field of forensic science; and
(4) broadly disseminating the results of the research
conducted or supported under paragraph (1).
(b) 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--
(1) be conducted by individuals qualified to evaluate the
scientific merit of the proposed research activity; and
(2) evaluate the proposed research activity by criteria
that include--
(A) 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 outcomes;
(B) the potential for the research activity to
explore creative, original, or transformative concepts;
(C) the qualifications of the individual, team, or
organization proposing the research activity and the
adequacy of the research plans; and
(D) the adequacy of the resources available to the
individual, team, or organization proposing the
research activity.
(c) 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 agencies,
policymakers, and the public.
SEC. 6. FORENSIC SCIENCE RESEARCH CHALLENGES.
(a) Prizes and Challenges.--
(1) In general.--A Federal agency may assist in satisfying
the research needs and priorities identified in the unified
Federal research strategy developed under section 4(d) by using
prizes and challenges under the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 6621 et seq.) 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;
(B) to quantify or improve the efficiency,
reliability, or accuracy of an analytical method;
(C) to design new methodologies to integrate
evidence collection, documentation, and analysis at
crime scenes; or
(D) to address other topics as proposed by the
forensic science community.
(b) 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 prepare, if necessary for a prize
carried out under this section, a sufficient set of data or 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.
SEC. 7. FORENSIC SCIENCE RESEARCH AT THE NATIONAL SCIENCE FOUNDATION.
(a) 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 States, consistent with
the Foundation's mission and the recommendations in the unified Federal
research strategy developed under section 4(d).
(b) Forensic Science Research Centers.--
(1) In general.--The Director of the National Science
Foundation shall award grants to support one or more forensic
science research centers--
(A) to conduct research consistent with the unified
Federal research strategy developed under section 4(d)
and with the Foundation's mission;
(B) to help 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 conducted under subparagraph (A).
(2) 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 of the National Science
Foundation, 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 section.
(c) Evaluation.--
(1) 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 4 years--
(A) 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 States; and
(B) 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 4(d).
(2) Report to congress.--The Director of the National
Science Foundation shall report to Congress the results of each
comprehensive evaluation under paragraph (1).
SEC. 8. FORENSIC SCIENCE AND STANDARDS AT NIST.
(a) In General.--The Director of the National Institute of
Standards and Technology shall--
(1) conduct research supporting the development and
dissemination of methods, standards, and technical guidance for
forensic science measurements; and
(2) identify and coordinate the development of voluntary
consensus forensic science standards, including--
(A) methods, standards, and technical guidance,
including protocols and best practices, for analysis
and interpretation;
(B) technical standards useful in the development
of products employed by forensic science practitioners;
(C) standard content, terminology, and parameters
to be used in reporting the results and interpretation
of forensic science measurements, tests, and
procedures; and
(D) standards for the interoperability of forensic
science-related technology and databases.
(b) Validation Program.--The Director of the National Institute of
Standards and Technology shall--
(1) develop forensic science measurement standards,
standard reference materials, standard reference data, and
other reference materials to support forensic science
disciplines and associated measurements;
(2) test and validate existing forensic science standards,
as appropriate; and
(3) provide independent validation of forensic science
measurements and methods, as appropriate.
(c) Consultation.--In carrying out its responsibilities under
subsection (a), the Director of the National Institute of Standards and
Technology, as appropriate, shall consult with, and in carrying out its
responsibilities under subsection (a)(1) may partner or contract with--
(1) standards development organizations and other
stakeholders, including the Department of Justice and other
relevant Federal agencies; and
(2) testing laboratories, State and local forensic science
practitioners, and certification and accreditation bodies.
(d) Prioritization.--When prioritizing its responsibilities under
subsection (a), the Director of the National Institute of Standards and
Technology shall consider--
(1) the unified Federal research strategy developed under
section 4(d); and
(2) the recommendations of the scientific area committees
established under subsection (f).
(e) Public Review and Comment.--The Director of the National
Institute of Standards and Technology shall ensure that any proposed
voluntary consensus standards, guidelines, or methods developed by the
National Institute of Standards and Technology under this section are
publically available, and that the forensic community has an
opportunity for public review and comment on voluntary consensus
standards.
(f) Center of Excellence.--
(1) 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 sciences, technology, and standards in forensic
science with the following objectives:
(A) To improve the standards of practice in the
forensic sciences in the United States.
(B) To produce research collaborations among the
National Institute of Standards and Technology,
academia, forensic science practitioners, and industry
focused on accelerating innovations and new technology
development in the forensic sciences.
(C) To fund the development of new forensics
techniques, including automated testing methodologies,
and to help transition these techniques to industry and
practitioners.
(D) To evaluate new and existing forensic
techniques in terms of reliability, cost effectiveness,
and other metrics, as appropriate, and to help
transition these techniques to industry and
practitioners.
(E) To provide training opportunities for
undergraduate, graduate, and postdoctoral students in
measurement science, as is relevant to the forensic
disciplines.
(F) To encourage interdisciplinary research in the
forensic sciences by leveraging access to unique
National Institute of Standards and Technology
facilities and expertise, as appropriate.
(G) To broadly disseminate the results of the
National Institute of Standards and Technology forensic
science research.
(2) Evaluation.--The Director of the National Institute of
Standards and Technology shall conduct a comprehensive
evaluation of the Center of Excellence every 4 years--
(A) to determine whether the Center of Excellence
is achieving the objectives outlined in paragraph (1);
and
(B) 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 4(d).
(3) Report requirement.--The Director of the National
Institute of Standards and Technology shall report to the
Committee on Commerce, Science, and Transportation and the
Committee on the Judiciary of the Senate, the Committee on
Science, Space, and Technology and the Committee on the
Judiciary of the House of Representatives, and the Director of
the Coordinating Office the results of each comprehensive
evaluation under paragraph (2).
(g) Scientific Area Committees.--
(1) 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 sciences. The scientific area
committees shall be administered by the Director of the
National Institute of Standards and Technology.
(2) Duties.--
(A) 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
(a). The scientific area committees shall submit, for
consideration by forensic science stakeholders and by
the Commission established in section 9,
recommendations on these forensic science standards. In
accomplishing this objective, the scientific area
committees shall--
(i) encourage information exchange within
the forensic science community, to include
researchers, practitioners, law enforcement,
and legal professionals;
(ii) ensure that standards development is
appropriate to the needs of the forensic
science community and relevant to practical
applications;
(iii) take into account existing studies
and reports; and
(iv) 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 practicable.
(B) Validation of recommendations.--A
recommendation on a forensic science standard under
subparagraph (A) may not be published in the Federal
Register until it has been subject to the validation
program described in subsection (b).
(3) Members.--The scientific area committees shall have
significant representation from forensic science practitioners,
academic researchers, and statisticians to balance scientific
rigor with practical and regulatory constraints, and, to the
extent practicable, the majority of the scientific area
committees shall have a minimum representation of 50 percent
from forensic science practitioners. Each member of a
scientific area committee shall have significant academic,
research, or practical expertise in a discipline of forensic
science or in another area relevant to the purpose of the
scientific area committee.
(4) Federal advisory committee act.--A scientific area
committee established under this subsection shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 9. NATIONAL COMMISSION ON FORENSIC SCIENCE.
(a) Establishment.--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 establish a
National Commission on Forensic Science.
(b) Duties.--The Commission shall--
(1) provide advice to Federal agencies implementing the
unified Federal research strategy developed under section 4(d);
(2) provide advice to the National Institute of Standards
and Technology, including recommendations regarding the
National Institute of Standards and Technology's
responsibilities under section 8;
(3) receive and review recommendations on standards
development from the scientific area committees established
under section 8(g) and, based on its review, advise the
Department of Justice on the promotion of forensic science
standards; and
(4) provide advice to the Department of Justice, including
recommendations regarding the development of a forensic science
uniform code of professional responsibility and the Department
of Justice's responsibilities under section 10.
(c) Subcommittees.--The Commission 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 Commission.
(d) Chairs.--The Director of the National Institute of Standards
and Technology and the Attorney General, or their designees, shall co-
chair the Commission.
(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 Commission. The Commission shall include balanced
representation among--
(1) independent scientists with expertise in forensic
science disciplines and other related disciplines, including
statistics, social sciences, and engineering;
(2) forensic science practitioners, including forensic
science experts at Federal, State, local, and tribal forensic
laboratories; and
(3) users and parties subject to the use of forensic
evidence in the legal system, including the legal community,
victim advocate organizations, and law enforcement.
(f) Administration.--The Attorney General shall provide
administrative support to the Commission.
SEC. 10. ADOPTION, ACCREDITATION, AND CERTIFICATION.
The Attorney General shall promote the adoption of forensic science
standards developed under section 8, including--
(1) by requiring, as appropriate, each laboratory under the
Department of Justice to adopt the forensic science standards;
(2) by encouraging other Federal forensic laboratories to
adopt the forensic science standards;
(3) by promoting accreditation and certification
requirements based on the forensic science standards; and
(4) by promoting any recommendations made by the Commission
for adoption and implementation of forensic science standards.
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