[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5227 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5227

To establish the Office of Digital Law Enforcement within the Office of 
   Justice Programs, and to establish grant programs to improve the 
 digital evidence capacity of law enforcement personnel, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2019

  Mrs. Demings (for herself, Mr. Lamb, Mr. Rutherford, and Mr. Babin) 
 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

_______________________________________________________________________

                                 A BILL


 
To establish the Office of Digital Law Enforcement within the Office of 
   Justice Programs, and to establish grant programs to improve the 
 digital evidence capacity of law enforcement personnel, 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 ``Technology in Criminal Justice Act 
of 2019''.

SEC. 2. OFFICE OF DIGITAL LAW ENFORCEMENT.

    Part A of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the 
following:

``SEC. 110. OFFICE OF DIGITAL LAW ENFORCEMENT.

    ``(a) Establishment.--There is established within the Office an 
Office of Digital Law Enforcement, which shall headed by a Director 
appointed by the Attorney General. In carrying out the functions of the 
Office of Digital Law Enforcement, the Director shall be subject to the 
authority, direction, and control of the Attorney General. Such 
authority, direction, and control may be delegated only to the 
Assistant Attorney General.
    ``(b) Purpose.--The purpose of the Office of Digital Law 
Enforcement shall be to support Federal, State, and local law 
enforcement in training, preparing, and supporting criminal justice 
personnel in the conduct of criminal justice activities utilizing 
digital evidence.
    ``(c) Grants.--
            ``(1) In general.--In carrying out the purpose described 
        under subsection (b), the Director may make grants to eligible 
        recipients.
            ``(2) Uses.--Grants awarded under this subsection shall be 
        used to support the provision of training, education, and 
        technical assistance to criminal justice personnel for the 
        purpose of improving the digital evidence capacity (as such 
        term is defined in section 7 of the Technology in Criminal 
        Justice Act of 2019) of law enforcement personnel (as such term 
        is defined in section 7 of the Technology in Criminal Justice 
        Act of 2019).
            ``(3) Distribution.--In making grants under this 
        subsection, the Director shall ensure that, to the extent 
        practicable, distribution of such grants ensures equitable 
        access to relevant training, education, and technical 
        assistance across geographic areas and across urban and rural 
        areas of varying population and area.
            ``(4) Eligible recipients.--The Director may award grants 
        under this subsection to the following eligible recipients:
                    ``(A) The National Domestic Communications 
                Assistance Center (NDCAC).
                    ``(B) The National Computer Forensics Institute 
                (NCFI).
                    ``(C) The Law Enforcement Cyber Center.
                    ``(D) The National White Collar Crime Center 
                (NW3C).
                    ``(E) The National Cyber-Forensics and Training 
                Alliance (NCFTA).
                    ``(F) Regional Computer Forensics Laboratories.
                    ``(G) Such other entities as the Director deems 
                appropriate.
    ``(d) Standardization of Training Curricula.--The Director shall--
            ``(1) on an ongoing basis, review curricula used for 
        training and education programs supported by grants under 
        subsection (c);
            ``(2) identify opportunities for standardization of such 
        curricula; and
            ``(3) in awarding grants under subsection (c), establish 
        requirements or processes, as appropriate, to promote 
        standardization of such curricula.
    ``(e) Best Practices.--The Director shall--
            ``(1) identify best practices relevant to digital evidence 
        capacity; and
            ``(2) develop mechanisms to inform Federal, State, and 
        local criminal justice personnel of such best practices and 
        promote their adoption.
    ``(f) Data on Law Enforcement Access to Digital Evidence.--The 
Director shall--
            ``(1) maintain data relevant to digital evidence capacity, 
        including challenges to accessing and utilizing digital 
        evidence and digital forensic laboratory backlogs; and
            ``(2) no later than January 31 of each calendar year, 
        submit to Congress a report summarizing data collected under 
        paragraph (f)(1) of this section during the preceding calendar 
        year and identifying key trends, gaps, and challenges 
        associated with the data. The report shall be submitted in 
        unclassified format.''.

SEC. 3. REVIEW OF FEDERAL SUPPORT FOR DIGITAL LAW ENFORCEMENT TRAINING 
              AND ASSISTANCE.

    (a) Review Required.--The Attorney General and the Secretary of 
Homeland Security shall jointly conduct a review of existing United 
States Government programs that provide training, education, and 
technical assistance to criminal justice personnel for the purpose of 
improving digital evidence capacity.
    (b) Elements of Review.--The review required under subsection (a) 
shall examine the following matters:
            (1) Identification of existing programs that provide 
        training, education, and technical assistance to criminal 
        justice personnel, and the sources and amounts of U.S. 
        Government funding supporting such programs, for the purpose of 
        improving the digital evidence capacity of law enforcement 
        personnel.
            (2) Examination of the purposes, organizational models, 
        target audiences, and effectiveness of these programs.
            (3) Identification of gaps in these programs, and 
        assessment of whether these programs are sufficient to meet the 
        needs of Federal, State, and local criminal justice personnel.
            (4) Recommendations for opportunities, if any, to improve 
        these programs in order to achieve greater efficiency, 
        coherence, or effectiveness in the delivery of such training, 
        education, and technical assistance, including through 
        expansion, consolidation, or reorganization.
    (c) Report to Congress.--Upon completion of the review required in 
subsection (a), and not later than 360 days after the enactment of this 
Act, 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 
action.

SEC. 4. CENTER OF EXCELLENCE FOR DIGITAL FORENSICS.

    (a) Designation.--Not later than 360 days after the enactment of 
this Act, the Attorney General, in consultation with the Secretary of 
Homeland Security, shall designate an entity of the Federal Government 
as the Center of Excellence for Digital Forensics (hereafter, the 
``Center'').
    (b) Mission.--The Center shall be a clearinghouse for training, 
technical expertise, and legal assistance relating to accessing digital 
evidence in support of criminal investigations, including by--
            (1) serving as a central repository of knowledge and 
        expertise regarding common types of data relevant to law 
        enforcement investigations, common technical systems for 
        storing and transmitting such data, formulation of lawful 
        requests for such data, and procedures for submitting such 
        requests;
            (2) building and maintaining a library of analytic and 
        forensic tools, along with technical expertise on the use of 
        such tools, to be available to support Federal, State, and 
        local law enforcement investigations;
            (3) developing and maintaining technical support tools to 
        facilitate, standardize, and authenticate law enforcement 
        requests for digital evidence;
            (4) providing training to Federal, State, and local law 
        enforcement organizations on procedures and techniques for the 
        acquisition, exploitation, preservation, and utilization of 
        digital evidence, as well as the protection of privacy and 
        civil liberties in the course of investigations and 
        prosecutions involving digital evidence;
            (5) producing and maintaining up-to-date training materials 
        and curricula to support training of Federal, State, and local 
        law enforcement organizations relating to digital evidence 
        capacity by other training providers;
            (6) coordinating with international, Federal, and State 
        training programs, as well as relevant non-governmental 
        stakeholders, to leverage and coordinate existing resources for 
        training, technical assistance tools, and informative materials 
        on procedures and techniques relating to digital evidence 
        capacity; and
            (7) providing a hotline available for law enforcement 
        officials seeking advice about or assistance relating to 
        digital evidence capacity.
    (c) Coordination With Existing Training Providers.--The designation 
required by subsection (a) shall be informed by the results of the 
review conducted under section 3.
    (d) Termination or Modification of Designation.--The Attorney 
General may terminate or modify the designation under subsection (a) if 
the Attorney General, in consultation with the Secretary of Homeland 
Security, determines that the Center is no longer capable of achieving 
the missions specified in subsection (b) and designates a separate 
entity of the Federal Government to serve as the Center. Not later than 
60 days before the effective date of such a termination, the Secretary 
shall provide written notice to Congress, including the rationale for 
such termination.

SEC. 5. FEDERAL GOVERNMENT LAW ENFORCEMENT TECHNOLOGY SUPPORT TO STATE 
              AND LOCAL LAW ENFORCEMENT.

    (a) 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 Enforcement.
    (b) Development.--Under the program established in subsection (a), 
the Attorney General and the Secretary shall jointly develop guidelines 
and processes, as appropriate, 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 personnel:
            (1) The Edward Byrne Memorial Justice Assistance Grant 
        program.
            (2) The Urban Area Security Initiative.
            (3) The State Homeland Security Grant Program.
    (c) Dissemination of Acquisition Guidance.--Through the program 
established in subsection (a), the Attorney General and the Secretary 
shall develop guidance on acquisition of law enforcement technologies 
that support digital evidence capacity, and regularly disseminate such 
guidance to State and local law enforcement organizations. Such 
guidance shall identify and encourage adoption of effective law 
enforcement technologies useful across different technological 
platforms and formats.
    (d) Public-Private Partnerships.--Subject to the availability of 
resources, the Attorney General and the Secretary shall, under the 
program established in subsection (a), enter into partnerships with 
public or private entities to improve the access of Federal, State, and 
local law enforcement personnel to law enforcement technologies that 
support digital evidence capacity. Such partnerships may--
            (1) develop collaborative approaches to developing new 
        investigative tools;
            (2) promote the exchange of technical experts between the 
        technology and law enforcement communities;
            (3) build public access data sets that may aid law 
        enforcement investigations;
            (4) exchange information on technical approaches relating 
        to digital evidence capacity, consistent with relevant laws and 
        policies;
            (5) develop training modules and content to support 
        training of criminal justice personnel on relevant topics 
        relating to digital evidence capacity; and
            (6) address other such matters as the Attorney General and 
        the Secretary deem appropriate.

SEC. 6. DEPARTMENT OF JUSTICE TECHNOLOGY POLICY ADVISORY BOARD.

    (a) Establishment.--There is established a Department of Justice 
Technology Policy Advisory Board (hereinafter in this section referred 
to as the ``Board''), which shall be composed of 11 members appointed 
in accordance with subsection (c) and shall conduct its business in 
accordance with this chapter.
    (b) Purpose.--The purpose of the Board shall be to--
            (1) foster sustained dialogue between the technology and 
        law enforcement communities on policy issues of mutual concern; 
        and
            (2) advise the Attorney General on--
                    (A) relevant developments in technologies relating 
                to law enforcement, forensics, communications, and 
                cybersecurity, and their implications for the 
                Department of Justice;
                    (B) strategies and technical approaches for 
                improving digital evidence capacity;
                    (C) strategies and technical approaches for 
                improving law enforcement activities relating to the 
                prevention, investigation, and prosecution of cyber 
                crime; and
                    (D) such other matters as requested by the Attorney 
                General.
    (c) Members.--
            (1) Members.--The members of the Board shall be senior non-
        government leaders with knowledge or expertise, whether by 
        experience or training, in the fields of technology, 
        communications, computer science, cybersecurity, digital 
        forensics, law enforcement, relevant laws relating to digital 
        searches and the use of digital evidence, and related fields, 
        who shall be appointed by the Attorney General.
            (2) Term.--The term of a Board member shall be 4 years.
            (3) 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 appointment.
            (4) Chairman.--The Members of the Board shall elect one 
        member to serve as Chairman of the Board.
    (d) Compensation and Expenses.--
            (1) Compensation.--A Member of the Board shall receive no 
        compensation for the member's services as such.
            (2) Expenses.--A member of the Board shall be allowed 
        necessary travel expenses (or in the alternative, 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 5702 and 5704 of title 5, United States Code), and 
        other necessary expenses incurred by the member in the 
        performance of duties vested in the Panel, without regard to 
        the provisions of subchapter I of chapter 57 of title 5, United 
        States Code, the Standardized Government Travel Regulations, or 
        section 5731 of title 5, United States Code.
    (e) 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 1972 (5 
U.S.C., Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 
552b), governing Federal statutes and regulations, and Department of 
Justice policies and procedures.

SEC. 7. DEFINITIONS.

    For purposes of this Act:
            (1) Digital evidence capacity.--The term ``digital evidence 
        capacity'' shall include, in investigations and prosecutions 
        involving digital evidence, the capacity, or activities 
        supporting the capacity, to--
                    (A) acquire digital evidence in accordance with 
                current surveillance, civil rights, and criminal 
                justice laws;
                    (B) ensure digital evidence acquisition 
                activities--
                            (i) minimize the acquisition of digital 
                        information not necessary to an investigation, 
                        including the acquisition of information 
                        pertaining to non-targeted persons;
                            (ii) are conducted in accordance with 
                        proper legal processes such as warrants, court 
                        orders, and notice when required; and
                            (iii) favor less intrusive investigative 
                        techniques when they would suffice;
                    (C) handle and preserve digital evidence 
                appropriately, including by ensuring--
                            (i) the integrity of the evidentiary chain 
                        of custody;
                            (ii) preventing inadvertent corruption or 
                        destruction of the evidence; and
                            (iii) 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 acquired;
                    (D) extract, analyze, and exploit digital evidence;
                    (E) ensure the appropriate use of digital evidence, 
                including by limiting the repurposing of seized digital 
                information;
                    (F) use digital evidence in criminal legal 
                proceedings; and
                    (G) ensure appropriate protections relating to 
                privacy and security are applied to activities 
                involving the acquisition, preservation, analysis and 
                exploitation, and use of digital information.
            (2) Criminal justice personnel.--The term ``criminal 
        justice personnel'' shall mean employees of any unit of 
        Federal, State, or local government who have responsibilities 
        pertaining to criminal justice, as defined by section (a)(1) of 
        title 34, United States Code.
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