H.R. 3490 — Reported in House

IB Union Calendar No. 268 114th CONGRESS 1st Session H. R. 3490 [Report No. 114–345, Parts I and II] IN THE HOUSE OF REPRESENTATIVES September 11, 2015 Mr. Ratcliffe (for himself, Mr. McCaul, and Mr. Palmer) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned November 19, 2015 Reported from the Committee on the Judiciary with an amendment Strike out all after the enacting clause and insert the part printed in italic November 30, 2015 Additional sponsor: Mr. Richmond November 30, 2015 Reported from the Committee on Homeland Security with an amendment Strike out all after the enacting clause and insert the part printed in boldface romanFor text of introduced bill, see copy of bill as introduced on September 11, 2015 A BILL To amend the Homeland Security Act of 2002 to authorize the National Computer Forensics Institute, and for other purposes. 1. Short title This Act may be cited as the Strengthening State and Local Cyber Crime Fighting Act. 2. Authorization of the National Computer Forensics Institute of the Department of Homeland Security (a) In general Subtitle C of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 381 et seq.) is amended by adding at the end the following new section: 822. National Computer Forensics Institute (a) In general There is established in the Department a National Computer Forensics Institute (in this section referred to as the Institute), to be operated by the United States Secret Service, for the dissemination of homeland security information related to the investigation and prevention of cyber and electronic crime and related threats to educate, train, and equip State, local, tribal, and territorial law enforcement officers, prosecutors, and judges. (b) Functions The functions of the Institute shall include the following: (1) Educating State, local, tribal, and territorial law enforcement officers, prosecutors, and judges on current— (A) cyber and electronic crimes and related threats; (B) methods for investigating cyber and electronic crime and related threats and conducting computer and mobile device forensic examinations; and (C) prosecutorial and judicial challenges related to cyber and electronic crime and related threats, and computer and mobile device forensic examinations. (2) Training State, local, tribal, and territorial law enforcement officers to— (A) conduct cyber and electronic crime and related threat investigations; (B) conduct computer and mobile device forensic examinations; and (C) respond to network intrusion incidents. (3) Training State, local, tribal, and territorial law enforcement officers, prosecutors, and judges on methods to obtain, process, store, and admit digital evidence in court. (c) Principles In carrying out the functions under subsection (b), the Institute shall ensure, to the extent practicable, that timely, actionable, and relevant expertise and homeland security information related to cyber and electronic crime and related threats is shared with State, local, tribal, and territorial law enforcement officers, prosecutors, and judges. (d) Equipment The Institute is authorized to provide State, local, tribal, and territorial law enforcement officers, prosecutors, and judges with computer equipment, hardware, software, manuals, and tools necessary to conduct cyber and electronic crime and related threats investigations and computer and mobile device forensic examinations. (e) Electronic crime task forces The Institute shall facilitate the expansion of the Secret Service’s network of Electronic Crime Task Forces through the addition of task force officers of State, local, tribal, and territorial law enforcement officers, prosecutors, and judges educated and trained at the Institute, in addition to academia and private sector stakeholders. (f) Coordination with Federal Law Enforcement Training Center The Institute shall seek opportunities to coordinate with the Federal Law Enforcement Training Center within the Department to help enhance, to the extent practicable, the training provided by the Center to stakeholders, including by helping to ensure that such training reflects timely, actionable, and relevant expertise in homeland security information related to cyber and electronic crime and related threats. . (b) No additional funding No additional funds are authorized to be appropriated to carry out this Act and the amendment made by this Act. This Act and such amendment shall be carried out using amounts otherwise available for such purposes. (c) Clerical amendment The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 821 the following new item: Sec. 822. National Computer Forensics Institute. . 1. Short title This Act may be cited as the Strengthening State and Local Cyber Crime Fighting Act. 2. Authorization of the National Computer Forensics Institute of the Department of Homeland Security (a) In general Subtitle C of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 381 et seq.) is amended by adding at the end the following new section: 822. National Computer Forensics Institute (a) In general There is established in the Department a National Computer Forensics Institute (in this section referred to as the Institute), to be operated by the United States Secret Service, for the dissemination of homeland security information related to the investigation and prevention of cyber and electronic crime and related threats to educate, train, and equip State, local, tribal, and territorial law enforcement officers, prosecutors, and judges. (b) Functions The functions of the Institute shall include the following: (1) Educating State, local, tribal, and territorial law enforcement officers, prosecutors, and judges on current— (A) cyber and electronic crimes and related threats; (B) methods for investigating cyber and electronic crime and related threats and conducting computer and mobile device forensic examinations; and (C) prosecutorial and judicial challenges related to cyber and electronic crime and related threats, and computer and mobile device forensic examinations. (2) Training State, local, tribal, and territorial law enforcement officers to— (A) conduct cyber and electronic crime and related threat investigations; (B) conduct computer and mobile device forensic examinations; and (C) respond to network intrusion incidents. (3) Training State, local, tribal, and territorial law enforcement officers, prosecutors, and judges on methods to obtain, process, store, and admit digital evidence in court. (c) Principles In carrying out the functions under subsection (b), the Institute shall ensure, to the extent practicable, that timely, actionable, and relevant expertise and homeland security information related to cyber and electronic crime and related threats is shared with State, local, tribal, and territorial law enforcement officers, prosecutors, and judges. (d) Equipment The Institute is authorized to provide State, local, tribal, and territorial law enforcement officers, prosecutors, and judges with computer equipment, hardware, software, manuals, and tools necessary to conduct cyber and electronic crime and related threats investigations and computer and mobile device forensic examinations. (e) Electronic crime task forces The Institute shall facilitate the expansion of the Secret Service’s network of Electronic Crime Task Forces through the addition of task force officers of State, local, tribal, and territorial law enforcement officers, prosecutors, and judges educated and trained at the Institute, in addition to academia and private sector stakeholders. (f) Coordination with Federal Law Enforcement Training Center The Institute shall seek opportunities to coordinate with the Federal Law Enforcement Training Center within the Department to help enhance, to the extent practicable, the training provided by the Center to stakeholders, including by helping to ensure that such training reflects timely, actionable, and relevant expertise in homeland security information related to cyber and electronic crime and related threats. . (b) No additional funding No additional funds are authorized to be appropriated to carry out this Act and the amendment made by this Act. This Act and such amendment shall be carried out using amounts otherwise available for such purposes. (c) Clerical amendment The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 821 the following new item: Sec. 822. National Computer Forensics Institute. . 3. Training materials Not later than six months after the date of the enactment of this Act, the Director of the United States Secret Service shall report to the appropriate congressional oversight committees on plans to incorporate best practices into training materials on chain of custody for digital evidence, including physical devices and the digital evidence that may be contained on such devices. 4. Rule of construction Nothing in this Act may be construed to abridge the rights afforded by the Fourth and Fifth Amendments to the United States Constitution. November 30, 2015 Reported from the Committee on Homeland Security with an amendment