[House Report 114-345]
[From the U.S. Government Publishing Office]


114th Congress   }                                    {  Rept. 114-345
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                    {         Part 1

======================================================================



 
         STRENGTHENING STATE AND LOCAL CYBER CRIME FIGHTING ACT
                                _______
                                

               November 19, 2015.--Ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3490]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3490) to amend the Homeland Security Act of 2002 to 
authorize the National Computer Forensics Institute, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page

The Amendment....................................................     1
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     5
Performance Goals and Objectives.................................     5
Advisory on Earmarks.............................................     5
Section-by-Section Analysis......................................     6
Changes in Existing Law Made by the Bill, as Reported............     7

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 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.''.

                          Purpose and Summary

    This bill amends the Homeland Security Act of 2002 to 
establish in the Department of Homeland Security a National 
Computer Forensics Institute to be operated by the U.S. Secret 
Service for the dissemination of 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.

                Background and Need for the Legislation

    Cyber crime is a growing threat throughout our Nation. In 
addition to large and sophisticated cyber schemes, a growing 
number of less sophisticated crimes still contain some cyber 
element. The National Computer Forensic Institute (``The 
Institute'') provides much needed education and training on 
investigation methods, computer and mobile device forensic 
examinations, network intrusion incidents, and methods to 
obtain, process, store, and admit digital evidence in court. 
The Institute is responsible for the dissemination of homeland 
security information related to the investigation and 
prevention of cyber and electronic crime, education, training, 
and the equipping of State, local, tribal and territorial law 
enforcement officers, prosecutors, and judges.
    This legislation originates from a program developed by the 
State of Alabama. In 2007, Alabama approached the Federal 
Government via the United States Secret Service (USSS) and the 
Department of Homeland Security and proposed a facility that 
would train State and local law enforcement, prosecutors, and 
judges on the intricacies of the legal issues surrounding cyber 
crime. Alabama came to an agreement with the Federal Government 
in which the State would provide the location and facility and 
the USSS would provide the instructors, administration, and 
funds to train.
    Today, the Institute exists as a federally-funded training 
center that instructs law enforcement officials from throughout 
the United States on digital evidence and cyber crime 
investigations. The USSS's Criminal Investigative Division and 
the Alabama Office of Prosecution Services jointly run the 
32,000 square-foot facility located in Hoover, Alabama. The 
curriculum for the training conducted at the facility focuses 
on current trends in cyber crime and is taught by the USSS. 
Thus far, the Institute has trained police officials and legal 
professionals from all 50 States and from 3 U.S. Territories. 
The Institute has provided critical training to the law 
enforcement community and has earned the reputation of the 
nation's ``premiere hi-tech crime training facility.'' The Act 
will codify the program by officially authorizing it in law.
    Alabama and other States that have sent their law 
enforcement personnel to the facility have seen a range of 
benefits from the Institute including free, advanced cyber 
crime education and provided-for per diem and travel costs. 
Additionally, the students that attend the Institute receive 
the same equipment and software used by the USSS. The students 
then return to their local institutions with the knowledge and 
ability to not only conduct investigations themselves, but also 
with the ability to train other people in their agency on 
cyber-protocol.
    The Institute opened on May 19, 2008, and since that time 
has trained police officials, prosecutors, and judges from all 
50 States and 3 territories from over 500 agencies throughout 
the Nation. The students that finish the program at the 
Institute leave with the ability to conduct individual cyber 
crime examinations, which substantially increases the 
operational capabilities of their respective agencies.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
3490.

                        Committee Consideration

    On September 30, 2015 the Committee met in open session and 
ordered the bill H.R. 3490 favorably reported with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 3490

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3490, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 19, 2015.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3490, the 
``Strengthening State and Local Cyber Crime Fighting Act.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                                Keith Hall,
                                                  Director.
Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member




   H.R. 3490--Strengthening State and Local Cyber Crime Fighting Act.

      As ordered reported by the House Committee on the Judiciary 
                         on September 30, 2015.




    H.R. 3490 would establish in the Department of Homeland 
Security (DHS) a National Computer Forensics Institute to 
educate and train State and local law enforcement officers, 
prosecutors, and judges on matters relating to cyber and 
electronic crime and to share information with such personnel 
in the prevention and investigation of those crimes. The 
department is currently carrying out activities similar to 
those required by the bill, and CBO estimates that implementing 
H.R. 3490 would not have a significant effect on spending by 
DHS. Because enacting the legislation would not affect direct 
spending or revenues, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 3490 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2026.
    H.R. 3490 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On October 7, 2015, CBO transmitted a cost estimate for 
H.R. 3490 as ordered reported by the House Committee on 
Homeland Security on September 30, 2015. The two versions of 
the bill are similar and CBO's estimates of the budgetary 
effects are the same.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 3490 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 3490 specifically directs 
to be completed no specific rule makings within the meaning of 
5 U.S.C. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3490, will establish a cyber training institute that will 
provide education to officers, judges, and prosecutors 
throughout the country.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3490 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

Section 1. Short Title
    Section 1 provides for the short title of the legislation, 
the ``Strengthening State and Local Cyber Crime Fighting Act.''
Section 2. Authorization of the National Computer Forensics Institute 
        of the Department of Homeland Security
    Subsection (a) establishes the new National Computer 
Forensics Institute as a department under the operation of the 
USSS. The subsection also sets forth the Institute's 
responsibility for the dissemination of homeland security 
information related to the investigation and prevention of 
cyber and electronic crime to educate, train, and equip State, 
local, tribal, and territorial law enforcement officers, 
prosecutors, and judges.
    Subsection (b) provides for the functions of the Institute, 
which 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 crimes, and conducting computer and mobile device 
forensic examinations; and (C) prosecutorial and judicial 
challenges related to cyber and electronic crimes, and computer 
and mobile device forensic examinations; (2) Training State, 
local, tribal, and territorial law enforcement officers to--(A) 
conduct cyber and electronic crime 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.
    Subsection (c) provides for the principles of the 
Institute. This subsection requires that 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 is shared with State, local, tribal, and 
territorial law enforcement officers, prosecutors, and judges.
    Subsection (d) provides for the equipment available to the 
Institute. This subsection authorizes the Institute 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 crimes investigations and computer and mobile device 
forensic examinations.
    Subsection (e) provides for the Electronic Crime Task 
Forces (the ``ECTF''). This provision requires the Institute to 
facilitate the expansion of the USSS's network of ECTF 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.
    Subsection 2(b) of the Act provides for no additional 
funding. This provision sets forth that no additional funds are 
authorized to be appropriated to carry out the Act and the 
amendment made by the Act and that the Act and amendment shall 
be carried out using amounts otherwise available for such 
purposes.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

 TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
      UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

     * * * * * * *

                Subtitle C--United States Secret Service

     * * * * * * *
Sec. 822. National Computer Forensics Institute.

           *       *       *       *       *       *       *


TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS

           *       *       *       *       *       *       *


Subtitle C--United States Secret Service

           *       *       *       *       *       *       *


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 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.

           *       *       *       *       *       *       *


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