,i #aafth ,,congress #ast ,session ,h4 ,r4 #ebbg ,,in ,,the ,,house ,,of ,,representatives ,november #ba1 #bjai,mrs4 ,demings 7for herself1 ,mr4 ,lamb1 ,mr4 ,rutherford1 and ,mr4 ,babin7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish the ,office of ,digital ,law ,enforcement within the ,office of ,justice ,programs1 and to establish grant programs to improve the digital evidence capacity of law enforcement personnel1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,technology in ,criminal ,justice ,act of #bjai4 #b4 ,office of ,digital ,law ,enforcement ,part ,a of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 #aaj4 ,office of digital law enforcement 7a7 ,establishment ,there is established within the ,office an ,office of ,digital ,law ,enforcement1 which shall headed by a ,director appointed by the ,attorney ,general4 ,in carrying out the functions of the ,office of ,digital ,law ,enforcement1 the ,director shall be subject to the authority1 direction1 and control of the ,attorney ,general4 ,such authority1 direction1 and control may be delegated only to the ,assistant ,attorney ,general4 7b7 ,purpose ,the purpose of the ,office of ,digital ,law ,enforcement shall be to support ,federal1 ,state1 and local law enforcement in training1 preparing1 and supporting criminal justice personnel in the conduct of criminal justice activities utilizing digital evidence4 7c7 ,grants 7#a7 ,in general ,in carrying out the purpose described under subsection 7b71 the ,director may make grants to eligible recipients4 7#b7 ,uses ,grants awarded under this subsection shall be used to support the provision of training1 education1 and technical assistance to criminal justice personnel for the purpose of improving the digital evidence capacity 7as such term is defined in section #g of the ,technology in ,criminal ,justice ,act of #bjai7 of law enforcement personnel 7as such term is defined in section #g of the ,technology in ,criminal ,justice ,act of #bjai74 7#c7 ,distribution ,in making grants under this subsection1 the ,director shall ensure that1 to the extent practicable1 distribution of such grants ensures equitable access to relevant training1 education1 and technical assistance across geographic areas and across urban and rural areas of varying population and area4 7#d7 ,eligible recipients ,the ,director may award grants under this subsection to the following eligible recipients3 7,a7 ,the ,national ,domestic ,communications ,assistance ,center 7,,ndcac74 7,b7 ,the ,national ,computer ,forensics ,institute 7,,ncfi74 7,c7 ,the ,law ,enforcement ,cyber ,center4 7,d7 ,the ,national ,white ,collar ,crime ,center 7,,nw#c;,c74 7,e7 ,the ,national ,cyber-,forensics and ,training ,alliance 7,,ncfta74 7,f7 ,regional ,computer ,forensics ,laboratories4 7,g7 ,such other entities as the ,director deems appropriate4 7d7 ,standardization of training curricula ,the ,director shall-- 7#a7 on an ongoing basis1 review curricula used for training and education programs supported by grants under subsection 7c72 7#b7 identify opportunities for standardization of such curricula2 and 7#c7 in awarding grants under subsection 7c71 establish requirements or processes1 as appropriate1 to promote standardization of such curricula4 7e7 ,best practices ,the ,director shall-- 7#a7 identify best practices relevant to digital evidence capacity2 and 7#b7 develop mechanisms to inform ,federal1 ,state1 and local criminal justice personnel of such best practices and promote their adoption4 7f7 ,data on law enforcement access to digital evidence ,the ,director shall-- 7#a7 maintain data relevant to digital evidence capacity1 including challenges to accessing and utilizing digital evidence and digital forensic laboratory backlogs2 and 7#b7 no later than ,january #ca of each calendar year1 submit to ,congress a report summarizing data collected under paragraph 7f77#a7 of this section during the preceding calendar year and identifying key trends1 gaps1 and challenges associated with the data4 ,the report shall be submitted in unclassified format4 4 #c4 ,review of ,federal support for digital law enforcement training and assistance 7a7 ,review required ,the ,attorney ,general and the ,secretary of ,homeland ,security shall jointly conduct a review of existing ,united ,states ,government programs that provide training1 education1 and technical assistance to criminal justice personnel for the purpose of improving digital evidence capacity4 7b7 ,elements of review ,the review required under subsection 7a7 shall examine the following matters3 7#a7 ,identification of existing programs that provide training1 education1 and technical assistance to criminal justice personnel1 and the sources and amounts of ,u4,s4 ,government funding supporting such programs1 for the purpose of improving the digital evidence capacity of law enforcement personnel4 7#b7 ,examination of the purposes1 organizational models1 target audiences1 and effectiveness of these programs4 7#c7 ,identification of gaps in these programs1 and assessment of whether these programs are sufficient to meet the needs of ,federal1 ,state1 and local criminal justice personnel4 7#d7 ,recommendations for opportunities1 if any1 to improve these programs in order to achieve greater efficiency1 coherence1 or effectiveness in the delivery of such training1 education1 and technical assistance1 including through expansion1 consolidation1 or reorganization4 7c7 ,report to ,congress ,upon completion of the review required in subsection 7a71 and not later than #cfj days after the enactment of this ,act1 the ,attorney ,general and the ,secretary of ,homeland ,security shall submit to ,congress a joint report summarizing the conclusions of the review and providing any recommendations to ,congress for legislative action4 #d4 ,center of excellence for digital forensics 7a7 ,designation ,not later than #cfj days after the enactment of this ,act1 the ,attorney ,general1 in consultation with the ,secretary of ,homeland ,security1 shall designate an entity of the ,federal ,government as the ,center of ,excellence for ,digital ,forensics 7hereafter1 the ,center74 7b7 ,mission ,the ,center shall be a clearinghouse for training1 technical expertise1 and legal assistance relating to accessing digital evidence in support of criminal investigations1 including by-- 7#a7 serving as a central repository of knowledge and expertise regarding common types of data relevant to law enforcement investigations1 common technical systems for storing and transmitting such data1 formulation of lawful requests for such data1 and procedures for submitting such requests2 7#b7 building and maintaining a library of analytic and forensic tools1 along with technical expertise on the use of such tools1 to be available to support ,federal1 ,state1 and local law enforcement investigations2 7#c7 developing and maintaining technical support tools to facilitate1 standardize1 and authenticate law enforcement requests for digital evidence2 7#d7 providing training to ,federal1 ,state1 and local law enforcement organizations on procedures and techniques for the acquisition1 exploitation1 preservation1 and utilization of digital evidence1 as well as the protection of privacy and civil liberties in the course of investigations and prosecutions involving digital evidence2 7#e7 producing and maintaining up-to-date training materials and curricula to support training of ,federal1 ,state1 and local law enforcement organizations relating to digital evidence capacity by other training providers2 7#f7 coordinating with international1 ,federal1 and ,state training programs1 as well as relevant non-governmental stakeholders1 to leverage and coordinate existing resources for training1 technical assistance tools1 and informative materials on procedures and techniques relating to digital evidence capacity2 and 7#g7 providing a hotline available for law enforcement officials seeking advice about or assistance relating to digital evidence capacity4 7c7 ,coordination with existing training providers ,the designation required by subsection 7a7 shall be informed by the results of the review conducted under section #c4 7d7 ,termination or modification of designation ,the ,attorney ,general may terminate or modify the designation under subsection 7a7 if the ,attorney ,general1 in consultation with the ,secretary of ,homeland ,security1 determines that the ,center is no longer capable of achieving the missions specified in subsection 7b7 and designates a separate entity of the ,federal ,government to serve as the ,center4 ,not later than #fj days before the effective date of such a termination1 the ,secretary shall provide written notice to ,congress1 including the rationale for such termination4 #e4 ,federal ,government law enforcement technology support to ,state and local law enforcement 7a7 ,program ,the ,attorney ,general and the ,secretary of ,homeland ,security shall jointly establish a ,law ,enforcement ,technology ,support to ,state and ,local ,law ,enforcement program under the direction of the ,director of the ,office of ,digital ,law ,enforcement4 7b7 ,development ,under the program established in subsection 7a71 the ,attorney ,general and the ,secretary shall jointly develop guidelines and processes1 as appropriate1 to authorize the use of funds made available to grantees under the following programs for purposes of acquiring technology to improve the digital evidence capacity of law enforcement personnel3 7#a7 ,the ,edward ,byrne ,memorial ,justice ,assistance ,grant program4 7#b7 ,the ,urban ,area ,security ,initiative4 7#c7 ,the ,state ,homeland ,security ,grant ,program4 7c7 ,dissemination of ,acquisition ,guidance ,through the program established in subsection 7a71 the ,attorney ,general and the ,secretary shall develop guidance on acquisition of law enforcement technologies that support digital evidence capacity1 and regularly disseminate such guidance to ,state and local law enforcement organizations4 ,such guidance shall identify and encourage adoption of effective law enforcement technologies useful across different technological platforms and formats4 7d7 ,public-,private ,partnerships ,subject to the availability of resources1 the ,attorney ,general and the ,secretary shall1 under the program established in subsection 7a71 enter into partnerships with public or private entities to improve the access of ,federal1 ,state1 and local law enforcement personnel to law enforcement technologies that support digital evidence capacity4 ,such partnerships may-- 7#a7 develop collaborative approaches to developing new investigative tools2 7#b7 promote the exchange of technical experts between the technology and law enforcement communities2 7#c7 build public access data sets that may aid law enforcement investigations2 7#d7 exchange information on technical approaches relating to digital evidence capacity1 consistent with relevant laws and policies2 7#e7 develop training modules and content to support training of criminal justice personnel on relevant topics relating to digital evidence capacity2 and 7#f7 address other such matters as the ,attorney ,general and the ,secretary deem appropriate4 #f4 ,department of ,justice ,technology ,policy ,advisory ,board 7a7 ,establishment ,there is established a ,department of ,justice ,technology ,policy ,advisory ,board 7hereinafter in this section referred to as the ,board71 which shall be composed of #aa members appointed in accordance with subsection 7c7 and shall conduct its business in accordance with this chapter4 7b7 ,purpose ,the purpose of the ,board shall be to-- 7#a7 foster sustained dialogue between the technology and law enforcement communities on policy issues of mutual concern2 and 7#b7 advise the ,attorney ,general on-- 7,a7 relevant developments in technologies relating to law enforcement1 forensics1 communications1 and cybersecurity1 and their implications for the ,department of ,justice2 7,b7 strategies and technical approaches for improving digital evidence capacity2 7,c7 strategies and technical approaches for improving law enforcement activities relating to the prevention1 investigation1 and prosecution of cyber crime2 and 7,d7 such other matters as requested by the ,attorney ,general4 7c7 ,members 7#a7 ,members ,the members of the ,board shall be senior non-government leaders with knowledge or expertise1 whether by experience or training1 in the fields of technology1 communications1 computer science1 cybersecurity1 digital forensics1 law enforcement1 relevant laws relating to digital searches and the use of digital evidence1 and related fields1 who shall be appointed by the ,attorney ,general4 7#b7 ,term ,the term of a ,board member shall be #d years4 7#c7 ,vacancies ,any vacancy in the membership of the ,board shall not affect the powers of the ,board and shall be filled in the same manner as the original appointment4 7#d7 ,chairman ,the ,members of the ,board shall elect one member to serve as ,chairman of the ,board4 7d7 ,compensation and ,expenses 7#a7 ,compensation ,a ,member of the ,board shall receive no compensation for the member's services as such4 7#b7 ,expenses ,a member of the ,board shall be allowed necessary travel expenses 7or in the alternative1 mileage for use of a privately owned vehicle and a per diem in lieu of subsistence not to exceed the rate and amount prescribed in sections #egjb and #egjd of title #e1 ,united ,states ,code71 and other necessary expenses incurred by the member in the performance of duties vested in the ,panel1 without regard to the provisions of subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 the ,standardized ,government ,travel ,regulations1 or section #egca of title #e1 ,united ,states ,code4 7e7 ,support ,the ,attorney ,general shall provide support for the performance of the ,board's functions and shall ensure compliance with the requirements of the ,federal ,advisory ,committee ,act of #aigb 7#e ,u4,s4,c41 ,appendix71 the ,government in the ,sunshine ,act of #aigf 7#e ,u4,s4,c4 #eeb;b71 governing ,federal statutes and regulations1 and ,department of ,justice policies and procedures4 #g4 ,definitions ,for purposes of this ,act3 7#a7 ,digital evidence capacity ,the term digital evidence capacity shall include1 in investigations and prosecutions involving digital evidence1 the capacity1 or activities supporting the capacity1 to-- 7,a7 acquire digital evidence in accordance with current surveillance1 civil rights1 and criminal justice laws2 7,b7 ensure digital evidence acquisition activities-- 7i7 minimize the acquisition of digital information not necessary to an investigation1 including the acquisition of information pertaining to non-targeted persons2 7ii7 are conducted in accordance with proper legal processes such as warrants1 court orders1 and notice when required2 and 7iii7 favor less intrusive investigative techniques when they would suffice2 7,c7 handle and preserve digital evidence appropriately1 including by ensuring-- 7i7 the integrity of the evidentiary chain of custody2 7ii7 preventing inadvertent corruption or destruction of the evidence2 and 7iii7 promoting the prompt return of seized digital devices and the prompt return or destruction of seized digital information not used in prosecution of the crime for which it was acquired2 7,d7 extract1 analyze1 and exploit digital evidence2 7,e7 ensure the appropriate use of digital evidence1 including by limiting the repurposing of seized digital information2 7,f7 use digital evidence in criminal legal proceedings2 and 7,g7 ensure appropriate protections relating to privacy and security are applied to activities involving the acquisition1 preservation1 analysis and exploitation1 and use of digital information4 7#b7 ,criminal justice personnel ,the term criminal justice personnel shall mean employees of any unit of ,federal1 ,state1 or local government who have responsibilities pertaining to criminal justice1 as defined by section 7a77#a7 of title #cd1 ,united ,states ,code4