[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3490 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 268
114th CONGRESS
  1st Session
                                H. R. 3490

                  [Report No. 114-345, Parts I and II]

 To amend the Homeland Security Act of 2002 to authorize the National 
         Computer Forensics Institute, and for other purposes.


_______________________________________________________________________


                    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 roman]
    [For 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.


 


    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 ``Strengthening State and Local Cyber 
Crime Fighting Act''.

SEC. 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:

``SEC. 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.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening State and Local Cyber 
Crime Fighting Act''.

SEC. 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:

``SEC. 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.''.

SEC. 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.

SEC. 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.
                                                 Union Calendar No. 268

114th CONGRESS

  1st Session

                               H. R. 3490

                  [Report No. 114-345, Parts I and II]

_______________________________________________________________________

                                 A BILL

 To amend the Homeland Security Act of 2002 to authorize the National 
         Computer Forensics Institute, and for other purposes.

_______________________________________________________________________

                           November 30, 2015

   Reported from the Committee on Homeland Security with an amendment