[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4740 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 4740

 To direct the Attorney General to make grants to States and units of 
 local government for the prevention, enforcement, and prosecution of 
        cybercrimes against individuals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2016

  Ms. Clark of Massachusetts introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To direct the Attorney General to make grants to States and units of 
 local government for the prevention, enforcement, and prosecution of 
        cybercrimes against individuals, 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 ``Cybercrime Enforcement Training 
Assistance Act of 2016''.

SEC. 2. LOCAL LAW ENFORCEMENT GRANTS.

    (a) In General.--Subject to the availability of appropriations, the 
Attorney General shall award grants under this section to States and 
units of local government for the prevention, enforcement, and 
prosecution of cybercrimes against individuals.
    (b) Application.--
            (1) In general.--To request a grant under this section, the 
        chief executive officer of a State or unit of local government 
        shall submit an application to the Attorney General within 90 
        days after the date on which funds to carry out this section 
        are appropriated for a fiscal year, in such form as the 
        Attorney General may require. Such application shall include 
        the following:
                    (A) A certification that Federal funds made 
                available under this section will not be used to 
                supplant State or local funds, but will be used to 
                increase the amounts of such funds that would, in the 
                absence of Federal funds, be made available for law 
                enforcement activities.
                    (B) An assurance that, not fewer than 30 days 
                before the application (or any amendment to the 
                application) was submitted to the Attorney General, the 
                application (or amendment) was submitted for review to 
                the governing body of the State or unit of local 
                government (or to an organization designated by that 
                governing body).
                    (C) An assurance that, before the application (or 
                any amendment to the application) was submitted to the 
                Attorney General--
                            (i) the application (or amendment) was made 
                        public; and
                            (ii) an opportunity to comment on the 
                        application (or amendment) was provided to 
                        citizens and to neighborhood or community-based 
                        organizations, to the extent applicable law or 
                        established procedure makes such an opportunity 
                        available.
                    (D) An assurance that, for each fiscal year covered 
                by an application, the applicant shall maintain and 
                report such data, records, and information 
                (programmatic and financial) as the Attorney General 
                may reasonably require.
                    (E) A certification, made in a form acceptable to 
                the Attorney General and executed by the chief 
                executive officer of the applicant (or by another 
                officer of the applicant, if qualified under 
                regulations promulgated by the Attorney General), 
                that--
                            (i) the programs to be funded by the grant 
                        meet all the requirements of this section;
                            (ii) all the information contained in the 
                        application is correct;
                            (iii) there has been appropriate 
                        coordination with affected agencies; and
                            (iv) the applicant will comply with all 
                        provisions of this section and all other 
                        applicable Federal laws.
                    (F) A certification that the State or in the case 
                of a unit of local government, the State in which the 
                unit of local government is located, has in effect 
                criminal laws which prohibit cybercrimes against 
                individuals.
                    (G) A certification that any equipment described in 
                subsection (c)(7) purchased using grant funds awarded 
                under this section will be used primarily for 
                investigations and forensic analysis of evidence in 
                matters involving cybercrimes against individuals.
    (c) Use of Funds.--Grants awarded under this section may only be 
used for programs that provide--
            (1) training for State or local law enforcement personnel 
        relating to cybercrimes against individuals, including--
                    (A) training such personnel to identify and protect 
                victims of cybercrimes against individuals;
                    (B) training such personnel to utilize Federal, 
                State, local, and other resources to assist victims of 
                cybercrimes against individuals;
                    (C) training such personnel to identify and 
                investigate cybercrimes against individuals;
                    (D) training such personnel to enforce and utilize 
                the laws that prohibit cybercrimes against individuals;
                    (E) training such personnel to utilize technology 
                to assist in the investigation of cybercrimes against 
                individuals and enforcement of laws that prohibit such 
                crimes; and
                    (F) the payment of overtime incurred as a result of 
                such training;
            (2) training for State or local prosecutors, judges, and 
        judicial personnel, relating to cybercrimes against 
        individuals, including--
                    (A) training such personnel to identify, 
                investigate, prosecute, or adjudicate cybercrimes 
                against individuals;
                    (B) training such personnel to utilize laws that 
                prohibit cybercrimes against individuals;
                    (C) training such personnel to utilize Federal, 
                State, local, and other resources to assist victims of 
                cybercrimes against individuals; and
                    (D) training such personnel to utilize technology 
                to assist in the prosecution or adjudication of acts of 
                cybercrimes against individuals, including the use of 
                technology to protect victims of such crimes;
            (3) training for State or local emergency dispatch 
        personnel relating to cybercrimes against individuals, 
        including--
                    (A) training such personnel to identify and protect 
                victims of cybercrimes against individuals;
                    (B) training such personnel to utilize Federal, 
                State, local, and other resources to assist victims of 
                cybercrimes against individuals;
                    (C) training such personnel to utilize technology 
                to assist in the identification of and response to 
                cybercrimes against individuals; and
                    (D) the payment of overtime incurred as a result of 
                such training;
            (4) assistance to State or local law enforcement agencies 
        in enforcing laws that prohibit cybercrimes against 
        individuals, including expenses incurred in performing 
        enforcement operations, such as overtime payments;
            (5) assistance to State or local law enforcement agencies 
        in educating the public in order to prevent, deter, and 
        identify violations of laws that prohibit cybercrimes against 
        individuals;
            (6) assistance to State or local law enforcement agencies 
        to establish task forces that operate solely to conduct 
        investigations, forensic analyses of evidence, and prosecutions 
        in matters involving cybercrimes against individuals;
            (7) assistance to State or local law enforcement and 
        prosecutors in acquiring computers, computer equipment, and 
        other equipment necessary to conduct investigations and 
        forensic analysis of evidence in matters involving cybercrimes 
        against individuals, including expenses incurred in the 
        training, maintenance, or acquisition of technical updates 
        necessary for the use of such equipment for the duration of a 
        reasonable period of use of such equipment;
            (8) assistance in the facilitation and promotion of 
        sharing, with State and local law enforcement officers and 
        prosecutors, of the expertise and information of Federal law 
        enforcement agencies about the investigation, analysis, and 
        prosecution of matters involving laws that prohibit cybercrimes 
        against individuals, including the use of multijurisdictional 
        task forces; or
            (9) assistance to State and local law enforcement and 
        prosecutors in processing interstate extradition requests for 
        violations of laws involving cybercrimes against individuals, 
        including expenses incurred in the extradition of an offender 
        from one State to another.
    (d) Report to the Secretary.--On the date that is one year after 
the date on which a State or unit of local government receives a grant 
under this section, and annually thereafter, the chief executive of 
such State or unit of local government shall submit to the Attorney 
General a report which contains--
            (1) a summary of the activities carried out during the 
        previous year with any grant received by such State or unit of 
        local government;
            (2) an evaluation of the results of such activities; and
            (3) such other information as the Attorney General may 
        reasonably require.
    (e) Report to Congress.--Not later than November 1 of each even-
numbered fiscal year, the Attorney General shall submit to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate a report that contains a 
compilation of the information contained in the report submitted under 
subsection (d).
    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $20,000,000 for each of fiscal years 
        2017 through 2021.
            (2) Limitation.--Of the amount made available under 
        paragraph (1) in any fiscal year, not more than 5 percent may 
        be used for evaluation, monitoring, technical assistance, 
        salaries, and administrative expenses.
    (g) Definitions.--In this section:
            (1) The term ``cybercrimes against individuals'' means the 
        criminal offenses applicable in the relevant State or unit of 
        local government that involve the use of a computer to cause 
        personal harm to an individual, such as the use of a computer 
        to harass, threaten, stalk, extort, coerce, cause fear, 
        intimidate, without consent distribute intimate images of, or 
        violate the privacy of, an individual, except that--
                    (A) use of a computer need not be an element of 
                such an offense; and
                    (B) such term does not include the use of a 
                computer to cause harm to a commercial entity, 
                government agency, or any non-natural persons.
            (2) The term ``computer'' includes a computer network and 
        an interactive electronic device.

SEC. 3. NATIONAL RESOURCE CENTER GRANT.

    (a) In General.--Subject to the availability of appropriations, the 
Attorney General shall award a grant under this section to an eligible 
entity for the purpose of the establishment and maintenance of a 
National Resource Center on Cybercrimes Against Individuals to provide 
resource information, training, and technical assistance to improve the 
capacity of individuals, organizations, governmental entities, and 
communities to prevent, enforce, and prosecute cybercrimes against 
individuals.
    (b) Application.--To request a grant under this section, an 
eligible entity shall submit an application to the Attorney General not 
later than 90 days after the date on which funds to carry out this 
section are appropriated for fiscal year 2017 in such form as the 
Attorney General may require. Such application shall include the 
following:
            (1) An assurance that, for each fiscal year covered by an 
        application, the applicant shall maintain and report such data, 
        records, and information (programmatic and financial) as the 
        Attorney General may reasonably require.
            (2) A certification, made in a form acceptable to the 
        Attorney General, that--
                    (A) the programs funded by the grant meet all the 
                requirements of this section;
                    (B) all the information contained in the 
                application is correct; and
                    (C) the applicant will comply with all provisions 
                of this section and all other applicable Federal laws.
    (c) Use of Funds.--The eligible entity awarded a grant under this 
section shall use such amounts for the establishment and maintenance of 
a National Resource Center on Cybercrimes Against Individuals, which 
shall--
            (1) offer a comprehensive array of technical assistance and 
        training resources to Federal, State, and local governmental 
        agencies, community-based organizations, and other 
        professionals and interested parties, related to cybercrimes 
        against individuals, including programs and research related to 
        victims;
            (2) maintain a resource library which shall collect, 
        prepare, analyze, and disseminate information and statistics 
        related to--
                    (A) the incidence of cybercrimes against 
                individuals;
                    (B) the enforcement, and prosecution of laws 
                relating to cybercrimes against individuals; and
                    (C) the provision of supportive services and 
                resources for victims of cybercrimes against 
                individuals; and
            (3) conduct research related to--
                    (A) the causes of cybercrimes against individuals;
                    (B) the effect of cybercrimes against individuals 
                on victims of such crimes; and
                    (C) model solutions to prevent or deter cybercrimes 
                against individuals or to enforce the laws relating to 
                cybercrimes against individuals.
    (d) Duration of Grant.--
            (1) In general.--The grant awarded under this section shall 
        be awarded for a period of 5 years.
            (2) Renewal.--A grant under this section may be renewed for 
        additional 5-year periods if the Attorney General determines 
        that the funds made available to the recipient were used in a 
        manner described in subsection (c), and if the recipient 
        resubmits an application described in subsection (b) in such 
        form, and at such time as the Attorney General may reasonably 
        require.
    (e) Subgrants.--The eligible entity awarded a grant under this 
section may make subgrants to other nonprofit private organizations 
with relevant subject matter expertise in order to establish and 
maintain the National Resource Center on Cybercrimes Against 
Individuals in accordance with subsection (c).
    (f) Report to the Secretary.--On the date that is one year after 
the date on which an eligible entity receives a grant under this 
section, and annually thereafter for the duration of the grant period, 
the entity shall submit to the Attorney General a report which 
contains--
            (1) a summary of the activities carried out under the grant 
        program during the previous year;
            (2) an evaluation of the results of such activities; and
            (3) such other information as the Attorney General may 
        reasonably require.
    (g) Report to Congress.--Not later than November 1 of each even-
numbered fiscal year, the Attorney General shall submit to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate a report that contains a 
compilation of the information contained in the report submitted under 
subsection (d).
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $4,000,000 for each of fiscal 
years 2017 through 2021.
    (i) Definitions.--In this section:
            (1) Cybercrimes against individuals.--The term 
        ``cybercrimes against individuals'' has the meaning given such 
        term in section 2(g).
            (2) Eligible entity.--The term ``eligible entity'' means a 
        nonprofit private organization that focuses on cybercrimes 
        against individuals and that--
                    (A) provides documentation to the Attorney General 
                demonstrating experience working directly on issues of 
                cybercrimes against individuals; and
                    (B) includes on the entity's advisory board 
                representatives who have a documented history of 
                working directly on issues of cybercrimes against 
                individuals and who are geographically and culturally 
                diverse.
                                 <all>