Consortium of Forensic Science Organizations (CFSO) IAI Update – 2017 Matthew Gamette – ASCLD Rep/CFSO Chair Ken Martin – IAI Rep/CFSO Vice Chair Ken Melson – AAFS Rep Beth Lavach – CFSO Lobbyist

The Consortium of Forensic Science Organizations (CFSO) AAFS ASCLD IAFN IAI NAME SOFT/ABFT The mission of the CFSO is to speak with a single forensic science voice in matters of mutual interest to its member organizations, to influence public policy at the national level and to make a compelling case for greater federal funding for public crime laboratories and medical examiner offices.

CFSO Highlights - 2016-2017 CFSO has this year become very focused on working with governmental agencies as well as Congress While we voted on the priorities for this year, we have also been put in a position of having to prioritize JFAA over everything else due to political realities – other things have not been lessened just not as much activity

Communications: 2017 Jan 12 Rapid DNA introduction notice Jan 24 PCAST Report Court Decisions February 27 CFSO Newsletter March 7 Legislative Brief March 27 Hearing Notice April 12 OMB Plan Info April 14 NCFS Information April 19 CFSO Newsletter April 25 and 26 Rapid DNA Legislation Info May 16 Newsletter May 30 Markey/Brown Letter (INTERDICT) August 4 Rapid DNA and Budget update CFSO Newsletters May 2017 April 2017 February 2017 Summer 2016 CBER update for membership House and Senate JFAA Support Letter GAO Letter on DNA backlog reduction JFAA Letter of thanks Coverdell Letter and Advocacy Packet

2016-current: Legislative Success’ JFAA Coverdell, Reducing Rape Kit Backlog, Sexual Assault Nurse Examiners, Violence Against Women, Prison Rape Elimination, DNA R&D, Post Conviction DNA Testing, Kirk Bloodsworth, Best Practices for Evidence Retention, Needs Assessment, and other administrative matters Survivor’s Rights Bill Passage with our edits Rapid DNA passed with our edits and rewrites Cognitive bias legislation discussions and information sharing—red line of many drafts Edits of Innocence Protection Act accepted in final bill Funding for OSAC Funding for Coverdell Language in Appropriations bills House Hearing on the needs of Forensic Science

Advocacy Visits with CFSO BOD Members: Blumenthal, Brown, Carter, Chaffetz, Conyers, Cornyn, Crapo, Cruz, Culberson, Fienstein, Flake, Forbes, Gohmert, Goodlatte, Gowdy, Graham, Grassley, Hatch, Honda, Issa, Isaakson, Jackson-Lee, Kaine, Kobuchar, Franken, Labrador, Leahy, Lee, Marino, McCain, McCarthy, McConnell, Mikulski, Paul, Peters, Poe, Reed (R.I.), Risch, Ryan, Sanders, Sensenbrenner, Sessions, Shaheen, Shelby, Simpson, Smith (Lamar), Thune, Toomy, Vitter, Whitehouse, Wyden (many on multiple occasions) Majority and Minority--Senate CJS Appropriations, House CJS Appropriations, Senate Judiciary, House Judiciary, Science Committee (House and Senate) (Beth at least weekly and many times more frequently). Senate and House Commerce Committees. In-person Hill visits 2016---January (x2), February, April, May, June, August (x2), September, October, December 2017---January, February

JFAA EDITS Edits by CFSO Title: Rewrite to focus on all forensic science not just DNA Rape Kit Backlog: Increase to 75% for direct testing grants DNA R&D researching if it has been used as funding has decreased Post Conviction DNA Testing: supported NDAA on language to clarify information about definition of applicant Kirk Bloodsworth: requested them to review to help labs that have no state or local evidence preservation laws. Best Practices: changed biological to forensic Oversight and Accountability: add language to clarify that “no section of this act should be taxed more than 7.5% for admin costs” Added: a needs assessment for personnel, equipment, resources

Needs Assessment SEC. 17. NEEDS ASSESSMENT OF FORENSIC LABORATORIES. (a) STUDY AND REPORT.—Not later than October 1, 2018, the Attorney General shall conduct a study and submit a report to the Committee of the Judiciary of the Senate and the Committee on the Judiciary of the House of  Representatives on the status and needs of the forensic  science community. (b) REQUIREMENTS.—The report required under  subsection (a) shall— examine the status of current workload,  backlog, personnel, equipment, and equipment needs of public crime laboratories and medical examiner and coroner offices; include an overview of academic forensic science resources and needs, from a broad forensic science perspective, including non-traditional crime laboratory disciplines such as forensic anthropology, forensic entomology, and others as determined appropriate by the Attorney General; (3) consider— (A) the National Institute of Justice study, Forensic Sciences: Review of Status and Needs, published in 1999; (B) the Bureau of Justice Statistics census reports on Publicly Funded Forensic Crime Laboratories, published in 2002, 2005, 2009, and 2014; (C) the National Academy of Sciences report, Strengthening Forensic Science: A Path Forward, published in 2009; and (D) the Bureau of Justice Statistics survey of forensic providers recommended by the National Commission of Forensic Science and approved by the Attorney General on September 8, 2014; (4) provide Congress with a comprehensive view of the infrastructure, equipment, and personnel needs of the broad forensic science community.

JFAA New Coverdell Authorization: 2012 = $10M 2013 = $11M 2014 = $12M **Found an offset of 11M to fund JFAA Coverdell Authorization **Only program to increase funding in the JFAA Reauthorization

JFAA--Coverdell Changed 75% formula to 85% Coverdell AUTHORIZED FY17 to FY21 tier increase to combat the Cut-Go rules of the House. Agreed to new language on accreditation (1) in section 2802(2) (42 U.S.C. 3797k(2)), by inserting after ‘‘bodies’’ the following: ‘‘and is accredited by an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement, or attests, in a manner that is legally binding and enforceable, to use a portion of the grant amount to prepare and apply for such accreditation not more than 2 years after the date on which a grant is awarded under section 2801’’; Changed 75% formula to 85% Changed minimum requirement a state receives from .06% to 1% Inserted impression evidence after latent prints Added: impression evidence, digital evidence and fire evidence to funding allowances

JFAA--Coverdell Added: to address emerging forensic science issues (such as statistics, contextual bias, and uncertainty of measurement) and emerging forensic science technology (such as high throughput automation, statistical software, and new types of instrumentation Added: to educate and train forensic pathologists Added: To work with the States and units of local government to direct funding to medicolegal death investigation systems to facilitate accreditation of medical examiner and coroner offices and certification of medicolegal death investigators Signed by the President December 16, 2016

Sexual Assault Survivors Bill Comments submitted to Ranking and via Ranking to Author Edits: Modified the notice section to A) Make it clear the lab is not responsible for notification B) Notification is made upon written request C) Notices only triggered if destruction occur prior to statute of limitations D) If destruction occurs pursuant to statute of limitations, no notice required Definition of survivor to include deceased victims Victim not having genetic information of suspect and vice versa OJP included in policy decisions to include the interests of practitioners Signed by President 10/7/2016

Rapid DNA Act Authorize criminal justice agencies using Rapid DNA devices and requisite quality assurance methods approved by the FBI to upload reference sample profiles generated by such devices to CODIS Directs the FBI to issue standards and procedures for the use of Rapid DNA instruments outside of an accredited laboratory environment and the use of DNA analyses for reference samples derived from Rapid DNA instruments Authorizes the FBI to waive the current requirement that samples collected from federal or District of Columbia offenders be sent to the FBI for processing in cases where samples are processed using FBI approved Rapid DNA instruments, quality assurance standards, and infrastructure Maintains this capability be limited to governmental law enforcement agencies and provides a measure that all matches be verified by an accredited lab prior to that information being used at trial. Final passage House and Senate 8/2/17

Pending Legislation Re-authorization of SAFER: All edits accepted to date Beginning draft of Narcotics Bill SANE Nurse Bill Rape Kit Backlog Resolution OFS OFM OSAC

FY18 Appropriations: Funding Coverdell: DOJ $10.6, House 0, Senate $13.5m DNA: DOJ $105m, House $125m, Senate $125m OSAC: DOJ $4m, House $4m, Senate $4m

FY18 Appropriations: Senate Language DOJ Task Force on Crime Reduction and Public Safety 90 days after enactment How DOJ will assist State and Locals with opioid crisis How State and Locals will be included in decisions regarding grant programs How DOJ will continue to coordinate with NIST on OSAC Training for Forensic Services OJP should explore ways to provide multi-jurisdictional resources in collaboration with universities, nonprofits for law enforcement. Byrne funding can be used. OSAC $3m to OSAC for its continuation and $1m to support technical merit evaluations NIST to provide DOJ SWGs funding DEA Encouraged to work with State and Locals on drug crisis

Non-Legislative efforts: ABA meeting at Fordham Law School (Web) Attended all the NCFS meetings Made comments on NCFS documents CFSO presentations to PCAST meeting and ongoing efforts CFSO presentations at ASCLD, AAFS, AFQAM, IAI, IABPA, NWAFS, MAFS, Sexual assault coalition meeting NIJ grant administration meetings Increased positive media presence (Science, internet blogs, magazine articles, newspapers) Review and comment on DOJ ULTR and FSDR Approaches OSTP/PCAST Interaction Information provided Lab visits Presentations given Information sharing with membership Increased involvement with Federal Agencies (FBI, NIST, DOJ/AG, OSTP, NIJ, OMB, GAO, DOD) National Sexual Assault Symposium (Web)

Recent and Near Future Work… Invited to White House meeting (OSTP) NCFS presentations Federal Opioid Meeting AG Sessions/DAG Rosenstein OLP/NIJ/OJP/NIST/CDC all have new leadership OMB DOJ Federal Registry RFI NIST Federal Registry RFI

Representing the leaders of the forensic science community through the Advocacy Committee this year has been a privilege and an honor. Finding the correct amount of information to provide as we represent you is always a challenge. We increased the communication this year and would love more feedback. It has been a great year; thank-you for allowing us to serve you!

What can IAI members do? Letters to respective members of Congress when requested – instructions forthcoming You are a key Member of the CFSO The size of your membership Your mission matches well with Coverdell and your disciplines are under fire Your responsiveness to grassroots requests has been considerable and effective Think of pro-active efforts you’d like to see put in place Contact or forward them to President Jorz, who will forward them to the IAI’s CFSO Representative