[Congressional Record Volume 168, Number 105 (Tuesday, June 21, 2022)]
[House]
[Pages H5691-H5693]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL COMPUTER FORENSICS INSTITUTE REAUTHORIZATION ACT OF 2022
Mr. SWALWELL. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 7174) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 7174
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
[[Page H5692]]
``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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Swalwell) and the gentlewoman from Iowa (Mrs. Miller-
Meeks) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. SWALWELL. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and to include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. SWALWELL. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H.R. 7174, the National Computer
Forensics Institute Reauthorization Act of 2022, introduced in this
House by Ms. Slotkin of Michigan.
Ms. Slotkin's legislation addresses ransomware threats that are on
the rise and are costing American companies and the American people
millions of dollars each year. In fact, former Cisco CEO John Chambers
estimates that in the year 2022, we will see approximately $120,000, on
average, in costs to 60,000 American businesses who will be victims of
ransomware attacks.
Ransomware attacks have targeted our most critical industries, from
the energy sector to food processing to schools and even hospitals.
State and local law enforcement are on the front lines of protecting
against this threat and often are the first people called when an
attack occurs, and they are on the ground in communities to respond.
Recently, FBI Director Chris Wray told Congress that within an hour,
if a business calls the FBI, one of his agents can respond, either
virtually or at their doorstep, to assist them.
More than ever, State and local law enforcement need the training and
tools to investigate and respond to ransomware and other cyber-based
attacks. That is where the National Computer Forensics Institute, or
NCFI, comes in.
Established in 2008 by the U.S. Secret Service, NCFI is recognized as
a preeminent Federal facility for State and local law enforcement to
receive cybersecurity training.
At NCFI, the Secret Service trains State, local, Tribal, and
territory officers, prosecutors, and judges in cybercrime
investigations and cyber-incident response.
To date, because of this training, more than 18,000 law enforcement
officers, prosecutors, and judges across all 50 States and territories
have received training at NCFI's center in Hoover, Alabama.
As introduced, Ms. Slotkin's H.R. 7174 would reauthorize NCFI through
2032.
Like many of my colleagues here in Congress, I began my career as a
prosecutor, and I know the importance of training law enforcement,
prosecutors, and judicial officers.
Before a case ever reaches the trial stage, dozens of law enforcement
officers, investigators, and attorneys have pored over every shred of
evidence to ensure justice is served.
Since evidence today is increasingly digital and more and more
meticulous to review, it is imperative that law enforcement,
prosecutors, and judicial officers from communities across the country
have access to necessary training on emerging and digital technologies,
like AI, and equipment to put that training into action. That is what
Ms. Slotkin's bill will do.
H.R. 7174 will ensure that NCFI's operation will continue for 10 more
years and better position the institute for success.
The bill strengthens its operations by requiring privacy, civil
rights, and civil liberties protections be integrated into the
training; it authorizes NCFI to engage in research and development of
different approaches to training for investigations involving
ransomware and threats involving the use of emerging digital assets;
and it requires the Secret Service Director to report on the demand for
training at NCFI, the institute's ability to meet that demand, and
whether to expand further NCFI facilities and training opportunities.
NCFI's authority to continue its training will end in November of
this year, but we know that cyber actors, nation-state and non-nation-
state, their efforts will not, which makes H.R. 7174's swift passage so
important.
The House authorized the NCFI by an overwhelming bipartisan vote in
the 115th Congress, and the Committee on
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Homeland Security passed this bipartisan bill by unanimous voice vote
last month. It has 17 bipartisan cosponsors.
Madam Speaker, I urge my colleague to support Ms. Slotkin's
legislation once again, and I reserve the balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, June 8, 2022.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Chairman Thompson: This letter is to advise you that
the Committee on the Judiciary has now had an opportunity to
review the provisions in H.R. 7174, the ``National Computer
Forensics Institute Reauthorization Act of 2022,'' that fall
within our Rule X jurisdiction. I appreciate your consulting
with us on those provisions. The Judiciary Committee has no
objection to your including them in the bill for
consideration on the House floor, and to expedite that
consideration is willing to forgo action on H.R. 7174, with
the understanding that we do not thereby waive any future
jurisdictional claim over those provisions or their subject
matters.
In the event a House-Senate conference on this or similar
legislation is convened, the Judiciary Committee reserves the
right to request an appropriate number of conferees to
address any concerns with these or similar provisions that
may arise in conference.
Please place this letter into the Congressional Record
during consideration of the measure on the House floor. Thank
you for the cooperative spirit in which you have worked
regarding this matter and others between our committees.
Sincerely,
Jerrold Nadler,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, June 8, 2022.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Nadler: Thank you for your letter regarding
H.R. 7174, the ``National Computer Forensics Institute
Reauthorization Act of 2022.'' I recognize that the Committee
on the Judiciary has a jurisdictional interest in H.R. 7174,
and I appreciate your effort to allow this bill to be
considered on the House floor.
I concur with you that forgoing action on the bill does not
in any way prejudice the Committee on the Judiciary with
respect to its jurisdictional prerogatives on this bill or
similar legislation in the future, and I would support your
effort to seek appointment of an appropriate number of
conferees to any House-Senate conference involving this
legislation.
I will include our letters on H.R. 7174 in the Committee
report on this measure and in the Congressional Record during
floor consideration of this bill. I look forward to working
with you on this legislation and other matters of great
importance to this Nation.
Sincerely,
Bennie G. Thompson,
Chairman,
Committee on Homeland Security.
Mrs. MILLER-MEEKS. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support of H.R. 7174, the National
Computer Forensics Institute Reauthorization Act.
Our Nation is facing an increase in cyber threats stemming from
multiple angles. These range from critical infrastructure
vulnerabilities to child exploitation online.
Previous cyberattacks have highlighted the need for preventive
measures and law enforcement support at every level, including Federal,
State, local, Tribal, and territorial.
Many recent attacks and exploited vulnerabilities have severely
impacted the American people and economy. Adding to this, with the
ongoing war in Ukraine, the intelligence community is warning of a
heightened cyber threat from Russia.
The National Computer Forensics Institute in Hoover, Alabama, is
operated by the United States Secret Service. NCFI provides essential
education and training to State, local, Tribal, and territorial law
enforcement, prosecutors, and judges on how to mitigate, detect, and
respond to cyber threats.
Since opening in 2008, NCFI has continuously worked to equip its
students with the necessary tools and knowledge needed to prevent
cybercrime.
Now, more than ever, as we are facing cyberattacks from malicious
actors like Russia, China, and Iran, in addition to other criminal
behavior online like child pornography, bolstering cyber training and
tools for our law enforcement partners is imperative.
Congress officially authorized the NCFI for 5 years in 2017. This
bill reauthorizes NCFI for 10 years and updates its mission, function,
and curriculum.
In addition, the bill requires an annual report on NCFI's impact and
activities, a requirements analysis for its potential expansion, and a
process to receive feedback from participating jurisdictions.
Cybersecurity has never been more important to homeland security, and
it is pivotal that we train our State and local law enforcement to
address this threat and other online nefarious activities head-on.
Madam Speaker, I urge Members to join me in supporting H.R. 7174, and
I yield back the balance of my time.
Mr. SWALWELL. Madam Speaker, I yield myself the balance of my time.
As stated, the NCFI training and education program is too important
to expire. It will do so in November. I appreciate the gentlewoman from
Iowa and her side's support for this legislation.
Madam Speaker, I urge swift passage of H.R. 7174, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Swalwell) that the House suspend the
rules and pass the bill, H.R. 7174, 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. ROY. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________