[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

[[Page H5693]]

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.

                          ____________________