[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.

[[Page H4206]]

  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.

                          ____________________