[Congressional Record (Bound Edition), Volume 161 (2015), Part 13]
[House]
[Pages 18661-18664]
[From the U.S. 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, 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

[[Page 18662]]

     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.''
  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

[[Page 18663]]

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

[[Page 18664]]

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 
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.

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