[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.
* * * * * * *
[all]