[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7174 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 7174


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2022

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To amend the Homeland Security Act of 2002 to reauthorize the National 
 Computer Forensics Institute of the United States Secret Service, 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 ``National Computer Forensics 
Institute Reauthorization Act of 2022''.

SEC. 2. REAUTHORIZATION OF THE NATIONAL COMPUTER FORENSICS INSTITUTE OF 
              THE DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--Section 822 of the Homeland Security Act of 2002 
(6 U.S.C. 383) is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``In 
                General'' and inserting ``In General; Mission'';
                    (B) by striking ``2022'' and inserting ``2032''; 
                and
                    (C) by striking the second sentence and inserting 
                ``The Institute's mission shall be to educate, train, 
                and equip State, local, territorial, and Tribal law 
                enforcement officers, prosecutors, judges, participants 
                in the United States Secret Service's network of cyber 
                fraud task forces, and other appropriate individuals 
                regarding the investigation and prevention of 
                cybersecurity incidents, electronic crimes, and related 
                cybersecurity threats, including through the 
                dissemination of homeland security information, in 
                accordance with relevant Department guidance regarding 
                privacy, civil rights, and civil liberties 
                protections.'';
            (2) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
            (3) by striking subsection (b) and inserting the following 
        new subsections:
    ``(b) Curriculum.--In furtherance of subsection (a), all education 
and training of the Institute shall be conducted in accordance with 
relevant Federal law and policy regarding privacy, civil rights, and 
civil liberties protections, including best practices for safeguarding 
data privacy and fair information practice principles. Education and 
training provided pursuant to subsection (a) shall relate to the 
following:
            ``(1) Investigating and preventing cybersecurity incidents, 
        electronic crimes, and related cybersecurity threats, including 
        relating to instances involving illicit use of digital assets 
        and emerging trends in cybersecurity and electronic crime.
            ``(2) Conducting forensic examinations of computers, mobile 
        devices, and other information systems.
            ``(3) Prosecutorial and judicial considerations related to 
        cybersecurity incidents, electronic crimes, related 
        cybersecurity threats, and forensic examinations of computers, 
        mobile devices, and other information systems.
            ``(4) Methods to obtain, process, store, and admit digital 
        evidence in court.
    ``(c) Research and Development.--In furtherance of subsection (a), 
the Institute shall research, develop, and share information relating 
to investigating cybersecurity incidents, electronic crimes, and 
related cybersecurity threats that prioritize best practices for 
forensic examinations of computers, mobile devices, and other 
information systems. Such information may include training on methods 
to investigate ransomware and other threats involving the use of 
digital assets.'';
            (4) in subsection (d), as so redesignated--
                    (A) by striking ``cyber and electronic crime and 
                related threats is shared with State, local, tribal, 
                and territorial law enforcement officers and 
                prosecutors'' and inserting ``cybersecurity incidents, 
                electronic crimes, and related cybersecurity threats is 
                shared with recipients of education and training 
                provided pursuant to subsection (a)''; and
                    (B) by adding at the end the following new 
                sentence: ``The Institute shall prioritize providing 
                education and training to individuals from 
                geographically-diverse jurisdictions throughout the 
                United States.'';
            (5) in subsection (e), as so redesignated--
                    (A) by striking ``State, local, tribal, and 
                territorial law enforcement officers'' and inserting 
                ``recipients of education and training provided 
                pursuant to subsection (a)''; and
                    (B) by striking ``necessary to conduct cyber and 
                electronic crime and related threat investigations and 
                computer and mobile device forensic examinations'' and 
                inserting ``for investigating and preventing 
                cybersecurity incidents, electronic crimes, related 
                cybersecurity threats, and for forensic examinations of 
                computers, mobile devices, and other information 
                systems'';
            (6) in subsection (f), as so redesignated--
                    (A) by amending the heading to read as follows: 
                ``Cyber Fraud Task Forces'';
                    (B) by striking ``Electronic Crime'' and inserting 
                ``Cyber Fraud'';
                    (C) by striking ``State, local, tribal, and 
                territorial law enforcement officers'' and inserting 
                ``recipients of education and training provided 
                pursuant to subsection (a)''; and
                    (D) by striking ``at'' and inserting ``by'';
            (7) by redesignating subsection (g), as redesignated 
        pursuant to paragraph (2), as subsection (j); and
            (8) by inserting after subsection (f), as so redesignated, 
        the following new subsections:
    ``(g) Expenses.--The Director of the United States Secret Service 
may pay for all or a part of the education, training, or equipment 
provided by the Institute, including relating to the travel, 
transportation, and subsistence expenses of recipients of education and 
training provided pursuant to subsection (a).
    ``(h) Annual Reports to Congress.--The Secretary shall include in 
the annual report required pursuant to section 1116 of title 31, United 
States Code, information regarding the activities of the Institute, 
including relating to the following:
            ``(1) Activities of the Institute, including, where 
        possible, an identification of jurisdictions with recipients of 
        education and training provided pursuant to subsection (a) of 
        this section during such year and information relating to the 
        costs associated with such education and training.
            ``(2) Any information regarding projected future demand for 
        such education and training.
            ``(3) Impacts of the Institute's activities on 
        jurisdictions' capability to investigate and prevent 
        cybersecurity incidents, electronic crimes, and related 
        cybersecurity threats.
            ``(4) A description of the nomination process for State, 
        local, territorial, and Tribal law enforcement officers, 
        prosecutors, judges, participants in the United States Secret 
        Service's network of cyber fraud task forces, and other 
        appropriate individuals to receive the education and training 
        provided pursuant to subsection (a).
            ``(5) Any other issues determined relevant by the 
        Secretary.
    ``(i) Definitions.--In this section--
            ``(1) Cybersecurity threat.--The term `cybersecurity 
        threat' has the meaning given such term in section 102 of the 
        Cybersecurity Act of 2015 (enacted as division N of the 
        Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 
        U.S.C. 1501))
            ``(2) Incident.--The term `incident' has the meaning given 
        such term in section 2209(a).
            ``(3) Information system.--The term `information system' 
        has the meaning given such term in section 102 of the 
        Cybersecurity Act of 2015 (enacted as division N of the 
        Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 
        U.S.C. 1501(9))).''.
    (b) Guidance From the Privacy Officer and Civil Rights and Civil 
Liberties Officer.--The Privacy Officer and the Officer for Civil 
Rights and Civil Liberties of the Department of Homeland Security shall 
provide guidance, upon the request of the Director of the United States 
Secret Service, regarding the functions specified in subsection (b) of 
section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as 
amended by subsection (a).
    (c) Template for Information Collection From Participating 
Jurisdictions.--Not later than 180 days after the date of the enactment 
of this Act, the Director of the United States Secret Service shall 
develop and disseminate to jurisdictions that are recipients of 
education and training provided by the National Computer Forensics 
Institute pursuant to subsection (a) of section 822 of the Homeland 
Security Act of 2002 (6 U.S.C. 383), as amended by subsection (a), a 
template to permit each such jurisdiction to submit to the Director 
reports on the impacts on such jurisdiction of such education and 
training, including information on the number of digital forensics 
exams conducted annually. The Director shall, as appropriate, revise 
such template and disseminate to jurisdictions described in this 
subsection any such revised templates.
    (d) Requirements Analysis.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Director of the United States 
        Secret Service shall carry out a requirements analysis of 
        approaches to expand capacity of the National Computer 
        Forensics Institute to carry out the Institute's mission as set 
        forth in subsection (a) of section 822 of the Homeland Security 
        Act of 2002 (6 U.S.C. 383), as amended by subsection (a).
            (2) Submission.--Not later than 90 days after completing 
        the requirements analysis under paragraph (1), the Director of 
        the United States Secret Service shall submit to Congress such 
        analysis, together with a plan to expand the capacity of the 
        National Computer Forensics Institute to provide education and 
        training described in such subsection. Such analysis and plan 
        shall consider the following:
                    (A) Expanding the physical operations of the 
                Institute.
                    (B) Expanding the availability of virtual education 
                and training to all or a subset of potential recipients 
                of education and training from the Institute.
                    (C) Some combination of the considerations set 
                forth in subparagraphs (A) and (B).
    (e) Research and Development.--The Director of the United States 
Secret Service may coordinate with the Under Secretary for Science and 
Technology of the Department of Homeland Security to carry out research 
and development of systems and procedures to enhance the National 
Computer Forensics Institute's capabilities and capacity to carry out 
the Institute's mission as set forth in subsection (a) of section 822 
of the Homeland Security Act of 2002 (6 U.S.C. 383), as amended by 
subsection (a).

            Passed the House of Representatives July 13, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.