[Congressional Record Volume 163, Number 84 (Tuesday, May 16, 2017)]
[House]
[Pages H4205-H4208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STRENGTHENING STATE AND LOCAL CYBER CRIME FIGHTING ACT OF 2017
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1616) to amend the Homeland Security Act of 2002 to
authorize the National Computer Forensics Institute, and for other
purposes, as amended.
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The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1616
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 of 2017''.
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 authorized for fiscal years
2017 through 2022 within the United States Secret Service a
National Computer Forensics Institute (in this section
referred to as the `Institute'). The Institute shall
disseminate information related to the investigation and
prevention of cyber and electronic crime and related threats,
and 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 specified
in subsection (b), the Institute shall ensure, to the extent
practicable, that timely, actionable, and relevant expertise
and information related to cyber and electronic crime and
related threats is shared with State, local, tribal, and
territorial law enforcement officers and prosecutors.
``(d) Equipment.--The Institute may provide State, local,
tribal, and territorial law enforcement officers with
computer equipment, hardware, software, manuals, and tools
necessary to conduct cyber and electronic crime and related
threat investigations and computer and mobile device forensic
examinations.
``(e) Electronic Crime Task Forces.--The Institute shall
facilitate the expansion of the network of Electronic Crime
Task Forces of the United States Secret Service through the
addition of State, local, tribal, and territorial law
enforcement officers educated and trained at the Institute.
``(f) Savings Provision.--All authorized activities and
functions carried out by the Institute at any location as of
the day before the date of the enactment of this section are
authorized to continue to be carried out at any such location
on and after such date.''.
(b) Funding.--For each of fiscal years 2018 through 2022,
amounts appropriated for United States Secret Service,
Operations and Support, may be used to carry out this Act and
the amendments made by this Act.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) 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 Maryland (Mr. Raskin)
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. 1616, 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.
Last Congress, the House passed this legislation by voice vote under
suspension of the rules. I am pleased to support this legislation once
again, and I am confident that this bill will once again receive
bipartisan support.
The United States Department of Justice has declared that cybercrime
is one of the greatest threats facing our country and that it has
enormous implications for our national security, economic prosperity,
and public safety. We have seen this just in the past few days after
cyber vulnerabilities led to widespread computer disruptions around the
world.
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. The institute boasts three
multipurpose classrooms, two network investigations classrooms, a mock
courtroom, and a forensics lab.
The 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 Attorney Mike Doucette and
his staff.
Each professional educated at the institute is a force multiplier for
the Secret Service. The institute itself is a force multiplier for
other law enforcement cyber forensic efforts, complementing vital
training offered by entities like the National White Collar Crime
Center, otherwise known as NW3C. After successful completion of the
NCFI and the NW3C programs, 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.
1616.
I want to thank the gentleman from Texas (Mr. Ratcliffe), a member of
the Judiciary Committee, 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-related crimes.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on Homeland Security,
Washington, DC, May 15, 2017.
Hon. Bob Goodlatte,
Chairman, Committee on Judiciary,
Washington, DC.
Dear Chairman Goodlatte: I write concerning H.R. 1616, the
``Strengthening State and Local Cyber Crime Fighting Act of
2017''. This legislation includes matters that fall within
the Rule X jurisdiction of the Committee on Homeland
Security.
In order to expedite floor consideration of H.R. 1616, the
Committee on Homeland Security agrees to forgo action on this
bill. However, this is conditional on our mutual
understanding that forgoing consideration of the bill would
not prejudice the Committee with respect to the appointment
of conferees or to any future jurisdictional claim over the
subject matters contained in the bill or similar legislation
that fall within the Committee on Homeland Security's Rule X
jurisdiction. I request you urge the Speaker to name members
of the Committee to any conference committee named to
consider such provisions.
Please place a copy of this letter and your response
acknowledging our jurisdictional interest into the
Congressional Record during consideration of the measure on
the House floor.
Sincerely,
Michael T. McCaul,
Chairman.
[[Page H4207]]
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, May 15, 2017.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul: Thank you for consulting with the
Committee on the Judiciary and agreeing to be discharged from
further consideration of H.R. 1616, the ``Strengthening State
and Local Cyber Crime Fighting Act,'' so that the bill may
proceed expeditiously to the House floor.
I agree that your foregoing further action on this measure
does not in any way diminish or alter the jurisdiction of
your committee or prejudice its jurisdictional prerogatives
on this bill or similar legislation in the future. I would
support your effort to seek appointment of an appropriate
number of conferees from your committee to any House-Senate
conference on this legislation.
I will seek to place our letters on H.R. 1616 into the
Congressional Record during floor consideration of the bill.
I appreciate your cooperation regarding this legislation and
look forward to continuing to work together as this measure
moves through the legislative process.
Sincerely,
Bob Goodlatte,
Chairman.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I, too, rise in support of H.R. 1616, the Strengthening
State and Local Cyber Crime Fighting Act. This bill establishes the
National Computer Forensics Institute as an official Federal program to
be managed by the Department of Homeland Security and operated by the
U.S. Secret Service. I strongly support it because it addresses a
serious problem and advances a solution that is critically important to
the safety of our people.
Cybercrime poses an enormous threat to national security, economic
prosperity, and public safety. The range of threats and the challenges
that they present for law enforcement multiply just as rapidly as
technology evolves, causing serious insecurity in the personal lives,
the work lives, and the finances of our people.
Over the past decade, our law enforcement community has recorded a
significant increase in the quantity, quality, complexity, and danger
of sophisticated cybercrimes targeting private industry, including our
financial services sector and private individuals. These crimes include
intrusions; hacking attacks; the surreptitious installation of
malicious software; identity theft; and massive data breaches that have
compromised and exposed the personal, financial, business, medical, and
professional information of millions of U.S. citizens.
How many of our people have suffered the disruption, indignity, and
anxiety of identity theft, for example?
For Americans who have been victimized by cybercrime, especially our
seniors, it is a terrifying and demoralizing experience. For small
businesses affected, it is costly and enormously draining.
Just as cyber warfare has transformed the nature of war in this
century, cybercrime has transformed the nature of crime, adversely
affecting the members of our law enforcement and intelligence services.
To date, the National Computer Forensics Institute has risen to the
occasion, training more than 4,000 State and local law enforcement
officers and 1,600 prosecutors. With this legislation, the institute
will continue to educate State and local law enforcement officials,
prosecutors, and judges on current trends in cyber and electronic crime
investigations and best practices taken across the country. The
institute will train officers on proper procedures to conduct these
important investigations that are affecting more and more Americans
every year.
In addition, the National Computer Forensics Institute will continue
to work to protect our citizens' personal information from unwarranted
governmental intrusion by establishing national standards for
conducting these investigations. The institute will protect these
important privacy interests along with the security of our businesses,
our homes, our finances, and our personal effects.
For these reasons, I proudly support H.R. 1616.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, at this time I am pleased to yield as
much time as he may consume to the gentleman from Texas (Mr.
Ratcliffe), the chief sponsor of the legislation.
Mr. RATCLIFFE. Mr. Speaker, I rise today in support of H.R. 1616, the
Strengthening State and Local Cyber Crime Fighting Act of 2017.
Let me start out by thanking Chairman Goodlatte for his support and
allowing this bill to come to the floor and Senator Grassley, chairman
of the Senate Judiciary Committee, and Ranking Member Feinstein for
their support in introducing a companion measure over in the Senate.
Mr. Speaker, the bicameral, bipartisan support on this issue
underscores its critical importance and the need for this issue to
transcend political parties and partisan politics.
Mr. Speaker, this is Police Week in the United States. It is our
chance to show appreciation for some of the most important unsung
heroes in our Nation. I couldn't be more grateful for the opportunity
to use my time before this legislative body today to thank each and
every member of this country's brave dedicated men and women of law
enforcement. From patrolling our streets to pursuing criminals of every
kind, it is these men and women in blue who keep our communities safe
and uphold the pillars of law and order in society each and every day.
Every American should be grateful for those who run towards danger and
who march into harm's way to keep us safe.
Nearly a decade ago I had the privilege of being appointed the United
States Attorney under former President George W. Bush. Serving as the
President's top Federal law enforcement official gave me the chance to
work shoulder to shoulder with hundreds of great police officers and
police departments across the 33,000 square miles of the Eastern
District of Texas. It also instilled in me an incredible sense of
gratitude for those in law enforcement who wake up each and every day
simply wanting to make the world around them a safer place to live for
all of us.
I could say it 1,000 times and it wouldn't do justice to the service
that they provide: Thank you. Thank you for all you do. We are all
grateful.
And while the simple truth is that we can never really repay those in
law enforcement for the incredible sacrifices they make each and every
day, as a lawmaker, I want to do everything within my power to give
them the tools to help them keep us safe.
Today this body has a unique opportunity to stand up for those who
selflessly and dependably stand up for all of us. H.R. 1616, the
Strengthening State and Local Cyber Crime Fighting Act of 2017, does
exactly that by authorizing into law the National Computer Forensics
Institute, or NCFI.
As the chairman said, the NCFI is a critical national training center
located in Hoover, Alabama, that is operated by the United States
Secret Service for the purpose of training our State and local law
enforcement officers, prosecutors, and judges on how to investigate
cyber and electronic crimes, on how to conduct computer and mobile
device forensics examinations, to respond to network intrusions, and to
preserve the chain of custody for digital evidence.
Mr. Speaker, in today's digital world, it is rarely that drop of
blood or strand of hair that solves a crime or a case. Instead, far
more frequently, it is proof of a text message that was sent or an
online purchase that was made or geolocation data on a mobile device.
Since its creation, the NCFI has trained and equipped more than 6,000
law enforcement officials from all 50 States on how to handle digital
evidence and solve and prosecute cybercrimes. By authorizing the NCFI
into Federal law, Congress can ensure that the NCFI remains our
Nation's premier cybercrime training center for State and local law
enforcement officials for many years to come.
This isn't some theoretical program at the NCFI. The proverbial
rubber is already hitting the road. In fact, three different law
enforcement agencies in my own district have had their folks trained at
the NCFI, folks like Don Waddle, a 25-year veteran of the Greenville
Police Department in my home district. In a hearing I chaired last year
about the impact of the training that Don received at NCFI, he talked
about the value that not just he got as a law enforcement officer, but
the community that he serves.
He told me: I am not the main benefactor of this training. The
citizens of
[[Page H4208]]
Greenville and Hunt County and the entire northeast Texas area reap the
benefits of this training with better recovery rates for stolen
property, as well as more perpetrators being taken off of our streets.
{time} 1630
Don is like thousands of detectives and prosecutors and judges across
the country who because of their NCFI training are better able to serve
their communities and do their law enforcement jobs in an ever-
increasing digital world.
Mr. Speaker, the need for this bill could not be more clear.
Cybercrime has surpassed drug trafficking as the most profitable
criminal enterprise in the world. Today, let's vote to help fight
cybercrime by passing this commonsense legislation to support our law
enforcement and give our officers a leg up on the criminals who are
increasingly using digital means in cyberspace to evade justice.
I urge my colleagues to vote ``yes'' on H.R. 1616. I once again thank
Chairman Goodlatte and my Senate colleagues for their support.
Mr. GOODLATTE. Mr. Speaker, I yield such time as he may consume to
the gentleman from Maryland (Mr. Raskin).
Mr. RASKIN. Mr. Speaker, I thank the chairman for yielding me time.
Just to close, I want to echo Congressman Ratcliffe in observing it is
National Police Week, so we have the opportunity to highlight the
successful efforts that have already taken place to combat cybercrime.
As the operator of the National Computer Forensics Institute, the
Secret Service has demonstrated its excellence and diligence in
pursuing cybercrime both domestically and internationally. Its
investigations have produced more than 4,000 arrests, involving more
than a billion dollars in fraud, and saving the public billions of
dollars more in potential fraud that would have taken place absent
their intervention.
H.R. 1616 will strengthen these efforts in continuing to combat cyber
and electronic crime.
Mr. GOODLATTE. Mr. Speaker, I yield such time as he may consume to
the gentleman from Alabama (Mr. Palmer).
Mr. PALMER. Mr. Speaker, I thank Congressman Ratcliffe and the
committee for their work on this bill.
The internet is an ever-increasing medium for criminals to carry out
crimes, such as sex trafficking, credit card theft, and identity theft.
We are currently witnessing an unprecedented global cyber attack.
Attacks such as this threaten our economy and our national security.
This highlights the need for law enforcement to be trained at local,
State, and national levels to recognize and combat this activity.
Prior to 2008, training for State and local law enforcement and
cybercrimes was difficult to find. Recognizing this problem in 2007,
the State of Alabama 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.
The National Computer Forensics Institute, NCFI, opened its doors in
May of 2008. State and local law enforcement officers come from all
across the Nation to be trained at this one-of-a-kind facility, where
they are trained by Secret Service agents on the same equipment and
same software that our Secret Service agents use.
NCFI has trained law enforcement officers, prosecutors, and judges
from all 50 States, and its graduates represent over 500 agencies. They
are not only trained in solving crimes but also in prosecution.
I am pleased that the work that NCFI does is being recognized, and I
am proud to be an original cosponsor of H.R. 1616. I urge my colleagues
to support it.
Mr. GOODLATTE. Mr. Speaker, I urge my colleagues to support this good
legislation.
I yield back the balance of my time.
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. 1616, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________