[Congressional Record Volume 161, Number 172 (Monday, November 30, 2015)]
[House]
[Pages H8420-H8423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STRENGTHENING STATE AND LOCAL CYBER CRIME FIGHTING ACT
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3490) to amend the Homeland Security Act of 2002 to
authorize the National Computer Forensics Institute, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3490
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,
[[Page H8421]]
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from Puerto Rico (Mr.
Pierluisi) each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.R. 3490 currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the National Computer Forensics Institute serves a vital
purpose in preparing State and local law enforcement to combat computer
and cybercrime, and I am pleased to support this legislation.
The United States Department of Justice has declared that cybercrime
``is one of the greatest threats facing our country'' and that
cybercrime has ``enormous implications for our national security,
economic prosperity, and public safety.''
The Justice Department has also stated that ``the range of threats
and the challenges they present for law enforcement expand just as
rapidly as technology evolves.''
With this in mind, the National Computer Forensics Institute serves
the vital purpose of providing legal and judicial professionals a free
comprehensive education on current cybercrime trends, investigative
methods, and prosecutorial and judicial challenges.
The National Computer Forensics Institute is a 32,000-square-foot
facility located in Hoover, Alabama. This Institute boasts three
multipurpose classrooms, two network investigations classrooms, a mock
courtroom, and a forensics lab.
Special agents of the United States Secret Service staff the
Institute and work diligently training attendees in modern counter-
cybercrime procedures and evidence collection. When the attendees
leave, they take with them the critical knowledge and equipment
required to conduct autonomous and thorough cybercrime investigations
at their home agencies.
Since its creation in 2008, the Institute has earned praise for its
work in preparing America's local law enforcement in how to deal with
these important technology issues.
Over the last 7 years, the Institute has instructed law enforcement
professionals from every State in the country and from over 500
different law enforcement agencies.
In fact, law enforcement in my own district has benefited from NCFI
training, including Lynchburg Commonwealth's Attorney Mike Doucette and
his staff.
Each professional educated at the Institute is a force multiplier for
the Secret Service. After successful completion of the program, the
students can bring their new knowledge back to their local agency to
inform their colleagues how to properly conduct computer forensic
investigations.
Mr. Speaker, I firmly believe that, for our Nation to successfully
combat the cybercrime threat, we must support legislation such as H.R.
3490. I want to thank the gentleman from Texas (Mr. Ratcliffe) for
sponsoring this important legislation.
Authorizing the existing National Computer Forensics Institute in
Federal law will cement its position as a high-tech cybercrime training
facility and will help law enforcement professionals nationwide in
their efforts to combat cyber- and computer crimes.
Mr. Speaker, I reserve the balance of my time.
Mr. PIERLUISI. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 3490, the Strengthening State
and Local Cyber Crime Fighting Act. This bill establishes the National
Computer Forensics Institute as an official Federal program which will
be managed by the Department of Homeland Security and operated by the
United States Secret Service.
I support this bill because it addresses a topic that is critically
important to our country. Cybercrime poses an enormous threat to
national security, economic prosperity, and public safety. The range of
threats and the challenges they present for law enforcement expand just
as rapidly as technology evolves.
In fact, Mr. Speaker, during the past decade, our Federal law
enforcement community has observed a significant increase in the
quality, quantity, and complexity of cybercrimes targeting private
industry, including our financial services sector.
These crimes include intrusions, hacking attacks, the installation of
malicious software, and data breaches that have exposed the personal
information of millions of U.S. citizens as well as members of our law
enforcement and intelligence services.
To date, the National Computer Forensics Institute has trained more
than 800 State and local law enforcement officers and approximately 238
prosecutors. With this legislation, the Institute will continue to
educate State and local law enforcement officers, prosecutors, and
judges on current trends in cyber- and electronic crimes investigations
and the Institute will train them on proper procedures to conduct these
important investigations.
In addition, the National Computer Forensics Institute will continue
to work to protect our citizens' personal information from unwarranted
government intrusion. By establishing national standards for conducting
cybercrime investigations, the Institute will promote these important
privacy interests.
Finally, it is important to highlight the successful efforts that
have already taken place to combat the ever-growing threat of
cybercrime. As the operator of the National Computer Forensics
Institute, the Secret Service has demonstrated its expertise in
pursuing cybercrime investigations.
The Secret Service's investigations have resulted in over 4,900
arrests, associated with more than $1.4 billion in fraud losses and the
prevention of over $11 billion in potential fraud losses during the
past 5 years.
In closing, Mr. Speaker, this legislation will assist law enforcement
in continuing to combat the threats cybercrime poses to national
security, economic prosperity, and public safety.
Mr. Speaker, I urge my colleagues to join me in supporting this
important legislation.
I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield 5 minutes to the gentleman from
Texas (Mr. Ratcliffe), the chief sponsor of this legislation.
Mr. RATCLIFFE. Mr. Speaker, I thank the chairman for his leadership
on these issues.
Mr. Speaker, I rise today in support of H.R. 3490, the Strengthening
State and Local Cyber Crime Fighting Act. This bill will authorize the
National Computer Forensics Institute, or NCFI, which is located in
Hoover, Alabama.
Mr. Speaker, when FBI Director Jim Comey recently testified before
the House Judiciary Committee, he told us that ``an element of
virtually every national security threat and crime problem the FBI
faces is cyber-based or facilitated.''
[[Page H8422]]
I want to pause and let that sink in for a minute because it makes a
perfect case for this bill. The fact that our Federal law enforcement
is seeing a cyber element to almost every national security threat and
crime problem is incredibly compelling because you can be certain that
our State and local law enforcement are seeing the same trend, but with
a lot fewer opportunities to learn how to address it.
Now, we have all seen the crime shows on TV where pieces of DNA
evidence--a strand of hair or a drop of blood--are used to solve a
case. But in today's world, we have to rely upon digital evidence, an
email that was sent or an online purchase that was made or geolocation
technology that places an individual at the scene of the crime.
Mr. Speaker, today's cybercriminals present new challenges to law
enforcement, prosecutors, and judges. It no longer takes a
sophisticated cybercriminal to compromise personal and sensitive
information of U.S. companies and everyday Americans. Any criminal can
now easily obtain from the dark Web the cyber exploit tools that are
needed to create this type of havoc.
And so, with the ever-increasing number of cyberattacks, it is vital
that our State and local law enforcement, prosecutors, and judges be
properly trained to respond to cybercrime and to protect the American
people.
The NCFI, which my bill authorizes, does just that. The NCFI was
created in 2007 by the State of Alabama and is now operated by the
United States Secret Service for the purpose of training State and
local law enforcement officers, prosecutors, and judges on how to
investigate cyber- and electronic crimes, on methods for conducting
computer and mobile device forensic examinations, and on performing
network intrusion investigations.
The NCFI has already garnered a reputation as the premier crime-
training center in the Nation, supporting State and local law
enforcement investigators, prosecutors, and judges. To date, it has
already trained and equipped more than 4,500 local law enforcement
officials from all 50 States.
These NCFI graduates--all of whom are now equipped to hit back on
cybercrime--represent more than 1,500 agencies nationwide, including
agencies from Texas' Fourth Congressional District that I represent,
like the Greenville Police Department, the Hunt County District
Attorney's Office, and the Collin County Sheriff's Office.
Kelli Aiken, an assistant district attorney from Hunt County, told us
that her training at the NCFI had ``transformed their evidence
collection and prosecution, leading to more successful apprehensions,
more prosecutions, and more convictions.''
So you see, Mr. Speaker, this isn't some highly theoretical bill
where the rubber never meets the road. This piece of legislation takes
what is already working and formalizes these practices to better
amplify their impact going forward.
This bill gives our law enforcement across the country the necessary
tools and training to successfully fight cybercriminals in the 21st
century. That is why I am honored to introduce it and why I am grateful
for its vote today here in the House.
Mr. PIERLUISI. Mr. Speaker, I yield back the balance of my time.
{time} 1630
Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from
Alabama (Mr. Palmer).
Mr. PALMER. Mr. Speaker, I thank the chairman.
As has been noted, prior to 2008, training for State and local law
enforcement in cybercrimes was difficult to find.
Recognizing this problem in 2007, the State of Alabama took the lead
and offered the Secret Service and the Department of Homeland Security
property and funds to construct a state-of-the-art facility if the
Federal Government would fund the training and allow the Secret Service
to operate it. I am proud to say this facility is located in my
district in the city of Hoover.
Since the NCFI opened its doors in May of 2008, State and local law
enforcement officers, as has been mentioned already, have come from all
across the Nation for vital training in this one-of-a-kind facility,
where they are trained by Secret Service agents on the same equipment
and software that our Secret Service agents use. NCFI has trained law
enforcement officers, prosecutors, and judges from all 50 States, and
literally has graduates from hundreds of agencies around the country.
I am very proud of the work that NCFI is doing, that it is being
recognized, and I am proud to be a cosponsor of H.R. 3490.
Mr. GOODLATTE. At this time, Mr. Speaker, I yield back the balance of
my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 3490, the
Strengthening the State and Local Cyber Crime Fighting Act, which
amends the Homeland Security Act of 2002 to establish in the Department
of Homeland Security a National Computer Forensics Institute.
As the Ranking Member on the Subcommittee on Crime, Terrorism,
Homeland Security and Investigations, as well as a senior Member of the
Committee on Homeland Security, I am well aware of the threats that our
nation faces in cyberspace.
H.R. 3490 directs the U.S. Secret Service to disseminate homeland
security information related to the investigation and prevention of
cyber and electronic crime, including threats or acts of terrorism, to
educate, train, and equip state, local, tribal, and territorial law
enforcement officers, prosecutors, and judges.
I am pleased that H.R. 3490 includes two important amendments that I
offered during the Homeland Security Markup.
The first Jackson Lee Amendment provides local, state, territorial
and tribal law enforcement access to the cybercrime expertise of the
Secret Service in collecting, retaining and processing evidence found
on digital devices.
This amendment makes vital federal cybercrime investigative resource
available to local, state, territorial and tribal law enforcement.
The U.S. Secret Service maintains Electronic Crimes Task Forces
focusing on identifying and locating international cyber criminals
connected to cyber intrusions, bank fraud, data breaches, and other
computer-related crimes.
The Secret Service's Cyber Intelligence Section has directly
contributed to the arrest of transnational cyber criminals responsible
for the theft of hundreds of millions of credit card numbers and the
loss of approximately $600 million to financial and retail
institutions.
The Secret Service also runs the National Computer Forensic
Institute, which provides law enforcement officers, prosecutors, and
judges with cyber training and information to combat cybercrime.
The second Jackson Lee Amendment to H.R. 3490 provides assurances
that nothing in this Act shall be construed to abridge or impair the
rights of persons in the United States protection by the Fourth and
Fifth Amendments to the United States Constitution.
As the work law enforcement and national security personnel must rely
more and more on their ability to access information in cyber space or
what might be stored on personal devices, it is important that the
public knows and understands that their Constitutional rights must and
will be protected.
I know that the Chairs and Ranking Members of the House Committees on
the Judiciary and Homeland Security, and many other colleagues have
worked side-by-side to assure that our efforts to combat terrorism at
home do not diminish the liberties that we all cherish.
I urge all Members to vote for H.R. 3490.
Mr. RICHMOND. Mr. Speaker, I rise in support of H.R. 3490, the
``Strengthening State and Local Cyber Crime Fighting Act''.
H.R. 3490 amends the Homeland Security Act of 2002 to authorize the
National Computer Forensics Institute, or NCFI, as operated by the U.S.
Secret Service to educate and train State, local, tribal, and
territorial law enforcement officers, prosecutors, and judges about
techniques and procedures related to the investigation and prevention
of cyber, electronic, and information security crimes, including
threats or acts of terrorism.
The training model used at the Institute is based upon the Secret
Service's successful cyber investigative strategy, which relies on
partnering with and sharing information between academia, private
industry and law enforcement to combat the ever-evolving threat of
cyber crime.
This bipartisan measure, authored by the Chairman of the Committee's
Cybersecurity Subcommittee Chairman, the gentleman from Texas, Mr.
Ratcliffe, does a couple of important things.
First, to ensure that the important work of the NCFI continues, it
authorizes this federally funded training center, which has operated in
Hoover, Alabama since 2008, in the Homeland Security Act.
Second, it seeks to raise the quality of cyber forensic training
provided throughout the Department of Homeland Security by directing
[[Page H8423]]
the NCFI to seek opportunities to coordinate with the Federal Law
Enforcement Training Center (FLETC), 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.
Lastly, it directs the Secret Service to expand its network of
Electronic Crime Task Forces through the addition of task force
officers, prosecutors, and judges educated and trained at the
Institute, in addition to academia and private sector stakeholders.
For these reasons, I urge my colleagues to support this legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 3490, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________