82 FR 17879 - Notice of Public Comment Period on Advancing Forensic Science

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 70 (April 13, 2017)

It is the Department's mission to ensure public safety and provide federal leadership in preventing and controlling crime. Advancing the practice of forensic science is an important part of that effort. The more effective a forensic system we have, the better equipped we are to solve crimes, more swiftly absolving the innocent and bringing the guilty to justice. The second term of the National Commission on Forensic Science (NCFS) is set to expire on April 23, 2017. As part of the Department's continued efforts to advance the practice of forensic science following NCFS's expiration, the Department is seeking comment on how the Department should move forward to evaluate and improve the underlying science of forensic evidence; improve the operational management systems of forensic science service providers; and improve the understanding of forensic science by legal practitioners.

[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Notices]
[Pages 17879-17881]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07512]


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DEPARTMENT OF JUSTICE

[Docket No. OLP 160]


Notice of Public Comment Period on Advancing Forensic Science

AGENCY: Department of Justice.

ACTION: Request for public comment.

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SUMMARY: It is the Department's mission to ensure public safety and 
provide federal leadership in preventing and controlling crime. 
Advancing the practice of forensic science is an important part of that 
effort. The more effective a forensic system we have, the better 
equipped we are to solve crimes, more swiftly absolving the innocent 
and bringing the guilty to justice. The second term of the National 
Commission on Forensic Science (NCFS) is set to expire on April 23, 
2017. As part of the Department's continued efforts to advance the 
practice of forensic science following NCFS's expiration, the 
Department is seeking comment on how the

[[Page 17880]]

Department should move forward to evaluate and improve the underlying 
science of forensic evidence; improve the operational management 
systems of forensic science service providers; and improve the 
understanding of forensic science by legal practitioners.

DATES: Written public comment regarding the issue for comment should be 
submitted through www.regulations.gov before June 9, 2017.

FOR FURTHER INFORMATION CONTACT: The Office of Legal Policy, 950 
Pennsylvania Avenue NW., Washington, DC 20530, by phone at 202-514-4601 
or via email at [email protected].

SUPPLEMENTARY INFORMATION: In February 2013, the U.S. Department of 
Justice and the National Institute of Standards and Technology (NIST) 
announced a partnership that included the formation of the National 
Commission on Forensic Science (NCFS). The NCFS is one of several 
federal initiatives relating to forensic science that was created 
following the 2009 report by the National Academy of Sciences National 
Research Council on ``Strengthening Forensic Science in the United 
States: A Path Forward.'' NCFS was established under the Federal 
Advisory Committee Act to provide advice and recommendations to the 
Attorney General on: (1) Strengthening the reliability and usefulness 
of the forensic sciences (including medicolegal death investigation); 
(2) enhancing quality assurance and quality control in forensic science 
laboratories and units; (3) identifying and recommending scientific 
guidance and protocols for evidence seizure, testing, analysis, and 
reporting by forensic science laboratories and units; and (4) 
identifying and assessing other needs of the forensic science 
communities to strengthen their disciplines and meet the increasing 
demands generated by the criminal and civil justice systems at all 
levels of government.
    The NCFS charter identifies six goals: (1) To recommend priorities 
for standards development to the Attorney General; (2) to review and 
recommend guidance identified or developed by subject-matter experts; 
(3) to develop proposed guidance concerning the intersection of 
forensic science and the courtroom; (4) to develop policy 
recommendations, including a uniform code of professional 
responsibility and minimum requirements for training, accreditation, 
and certification; (5) to consider the recommendations of the National 
Science and Technology Council's Subcommittee on Forensic Science; and 
(6) to identify and assess the current and future needs of the forensic 
sciences to strengthen their disciplines and meet growing demands. The 
NCFS's supporting documents, including current charter, bylaws, and 
work product development guidance, are available for review at https://www.justice.gov/ncfs and https://www.justice.gov/ncfs/work-products.
    Federal advisory committees operate on two-year renewable terms. 
Term 1 for NCFS began on April 23, 2013, when the original charter was 
filed, and concluded on April 23, 2015. NCFS was renewed for Term 2, 
which expires on April 23, 2017. Over the last 3 years (as of April 9, 
2017), NCFS developed 43 work products, including 20 recommendations to 
the Attorney General, to support these goals. The NCFS has met its 
initial mandate, and in light of the upcoming expiration of its 
charter, the Department is now considering appropriate next steps.
    Issue for Comment--Commenters are requested to identify proposals 
to: (1) Improve the underlying science and validity of forensic 
evidence; (2) improve the operational management systems of forensic 
science service providers; and (3) improve the understanding of 
forensic science by legal practitioners.
    In formulating a proposal, commenters may wish to consider the 
following questions:
    (A) What are the biggest needs in forensic science inside the 
Department and at the federal, state, local, and tribal level?
    (B) What is required to improve forensic science practices at the 
federal, state, local, and tribal levels?
    (C) What is needed to improve capacity at federal, state, local, 
and tribal levels?
    (D) What are the barriers to improving capacity and what resources 
are needed to overcome those barriers?
    (E) What are the specific issues related to digital forensic 
evidence analysis and how can the Department address those needs?
    (F) How should the Department, or any Department entity, coordinate 
with the Organization of Scientific Area Committees?
    (G) What resources and relationships can the Department draw on to 
ensure thoughtful and representative input?
    Proposals may include some combination of a Federal Advisory 
Committee, a new office at the Department, an inter-agency working 
group, regularly scheduled stakeholder meetings, etc. If the commenter 
believes a Federal Advisory Committee structure is appropriate, 
commenters are encouraged to address structural issues such as size, 
membership, work product development process, reporting structure 
(i.e., to whom recommendations are provided), opportunity for public 
comment, and opportunity for robust debate among members.
    Posting of Public Comments: To ensure proper handling of comments, 
please reference ``Docket No. OLP 160'' on all electronic and written 
correspondence. The Department encourages all comments be submitted 
electronically through www.regulations.gov. Paper comments that 
duplicate the electronic submission are not necessary as all comments 
submitted to www.regulations.gov will be posted for public review and 
are part of the official docket record.
    In accordance with the Federal Records Act, please note that all 
comments received are considered part of the public record, and shall 
be made available for public inspection online at www.regulations.gov. 
The comments to be posted may include personally identifiable 
information (such as your name, address, etc.) and confidential 
business information voluntarily submitted by the commenter.
    The Department will post all comments received on 
www.regulations.gov without making any changes to the comments or 
redacting any information, including any personally identifiable 
information provided. It is the responsibility of the commenter to 
safeguard personally identifiable information. You are not required to 
submit personally identifying information in order to comment and the 
Department recommends that commenters not include personally 
identifiable information such as Social Security Numbers, personal 
addresses, telephone numbers, and email addresses that they do not want 
made public in their comments as such submitted information will be 
available to the public via www.regulations.gov. Comments may be 
provided anonymously, but those commenters who do share contact 
information are requested to include brief background information 
regarding commenter subject-matter experience and expertise. Comments 
submitted through www.regulations.gov will not include the email 
address of the commenter unless the commenter chooses to include that 
information as part of his or her comment.


[[Page 17881]]


    Dated: April 10, 2017.
Kira Antell,
Senior Counsel, Office of Legal Policy.
[FR Doc. 2017-07512 Filed 4-12-17; 8:45 am]
 BILLING CODE 4410-18-P