H. Rept. 114-345 - STRENGTHENING STATE AND LOCAL CYBER CRIME FIGHTING ACT (Parts 1 - 2)114th Congress (2015-2016)
Committee Report
| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.3490 |
| Committees: |
|
Reports for H.R.3490
H. Rept. 114-345, Part 2 - 114th Congress (2015-2016)
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House Report 114-345 - STRENGTHENING STATE AND LOCAL CYBER CRIME FIGHTING ACT
[House Report 114-345]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-345
HOUSE OF REPRESENTATIVES
1st Session } { Part 2
======================================================================
STRENGTHENING STATE AND LOCAL CYBER CRIME FIGHTING ACT
_______
November 30, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, 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 Homeland Security, 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, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike out 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.''.
SEC. 3. TRAINING MATERIALS.
Not later than six months after the date of the enactment of this
Act, the Director of the United States Secret Service shall report to
the appropriate congressional oversight committees on plans to
incorporate best practices into training materials on chain of custody
for digital evidence, including physical devices and the digital
evidence that may be contained on such devices.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to abridge the rights afforded
by the Fourth and Fifth Amendments to the United States Constitution.
Purpose and Summary
H.R. 3490, the Strengthening State and Local Cyber Crime
Fighting Act of 2015, codifies the National Computer Forensics
Institute (NCFI), which is operated by the United States Secret
Service (USSS). The NCFI provides training for State and local
investigators, prosecutors, and judges on how to investigate
cyber and electronic crimes, conduct computer and mobile device
forensic examinations, and respond to network intrusion
investigations.
This legislation would also help to facilitate the
expansion of the USSS network of Electronic Crimes Task Forces
(ECTF) throughout the country. The ECTF's conduct quarterly
meetings of law enforcement, industry, academia, and other
stakeholders to discuss trends and best practices in
information security strategies and cybercrime fighting.
Background and Need for Legislation
Today's criminals present new challenges to State and local
law enforcement investigators, prosecutors, and judges. Cyber
criminals use technology to commit almost every type of crime.
As such, it is imperative that we provide tools and training to
address these challenges to law enforcement and to protect the
elderly, veterans, children, small business owners, and others
from being exploited through their computers, mobile devices
and the Internet.
Since 2008, the USSS has operated the NCFI. Located in
Hoover, Alabama, the NCFI is a 32,000 square foot facility
consisting of four multi-purpose classrooms, one-network
investigation classroom, a mock courtroom, administrative work
areas and an operational forensics laboratory.
While NCFI has been in existence for more than 7 years, it
has not yet been authorized. The NCFI has garnered a reputation
as the premier cybercrime training center in the nation
supporting State and local law enforcement investigators,
prosecutors, and judicial officials. To date, the NCFI has
trained and equipped more than 4,590 local officials from all
50 States and three U.S. Territories. These NCFI graduates
represent more than 1,500 agencies Nationwide.
Hearings
No hearings were held on H.R.3490, however the Committee
held the following oversight hearing.
On February 12, 2015, the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies held a
hearing entitled ``Emerging Threats and Technologies to Protect
the Homeland.'' The Subcommittee received testimony from Mr.
Andy Ozment, Assistant Secretary, Office of Cybersecurity and
Communications, National Protection and Programs Directorate,
U.S. Department of Homeland Security; Dr. Huban Gowadia,
Director, Domestic Nuclear Detection Office, U.S. Department of
Homeland Security; Mr. Joseph Martin, Acting Director, Homeland
Security Enterprise and First Responders Group, Science and
Technology Directorate, U.S. Department of Homeland Security;
Mr. William Noonan, Deputy Special Agent in Charge, Criminal
Investigative Division, Cyber Operations Branch, United States
Secret Service, U.S. Department of Homeland Security; and Mr.
William Painter, Analyst, Government and Finance Division,
Congressional Research Service, Library of Congress.
Committee Consideration
The Committee met on September 30, 2015, to consider
H.R.3490, and ordered the measure to be reported to the House
with a favorable recommendation, as amended, by voice vote. The
Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by
Mr.Ratcliffe (#1); was AGREED TO by voice vote.
An Amendment by Member to the Amendment in the Nature of a
Substitute (#1a); was WITHDRAWN by unanimous consent.
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Ms. Jackson Lee (#1A); was AGREED TO by
voice vote.
Consisting of the following amendments:
Add at the end of the bill a new section entitled ``Sec. 3.
Training Materials.''
Add at the end of the bill a new section entitled ``Sec. 3. Rule
of Construction.''
The Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies met on September 17,
2015, to consider H.R. 3490 and reported the measure to the
Full Committee with a favorable recommendation, as amended, by
voice vote.
The following amendment was offered:
An Amendment offered by Mr. Richmond (#1); was AGREED TO by
voice vote.
Page 4, line 16, strike the closing quotation marks and the second
period.
Page 4, beginning line 17, insert a new section entitled ``(f)
Coordination With Federal Law Enforcement Training Center.''
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R.3490.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3490, the Strengthening State and Local Cyber Crime Fighting
Act, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 3490 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goals of this legislation include:
Enhancing the capabilities of State, local, Tribal and
territorial law enforcement, prosecutors and judges to
investigate and prosecute crimes involving cyber and
electronic crimes.
Training State, local, Tribal and territorial law
enforcement officers to conduct cybercrime
investigations, computer and mobile device forensics
and respond to network intrusions.
Training State, local, Tribal and territorial law
enforcement, prosecutors and judges on methods to
obtain, process, store and admit digital evidence in
court.
Ensuring the information shared with State, local,
Tribal and territorial law enforcement, prosecutors and
judges is timely, actionable and relevant homeland
security information related to cyber and electronic
crimes.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 3490 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
This legislation does not establish a new program. However
the Committee notes that the National Computer Forensic
Institute is operated by the United States Secret Service and
is codified through this legislation.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 3490 does
not preempt any State, local, or Tribal law.
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 7, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
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.
Sincerely,
Keith Hall.
Enclosure.
H.R. 3490--Strengthening State and Local Cyber Crime Fighting Act
H.R. 3490 would establish in the Department of Homeland
Security 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
significantly affect spending by DHS. Because enacting the
legislation would not affect direct spending or revenues, pay-
as-you-go procedures do not apply.
H.R. 3490 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 3490 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that bill 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.
Subtitle C of title VII of the Homeland Security Act of
2002 is amended to add a new Section 822.
``Sec. 822. National Computer Forensics Institute.
This subsection establishes within the Department a
National Computer Forensics Institute to be operated by the
United States Secret Service.
(b) Functions.
This subsection establishes the functions of the institute.
The functions shall include: Educating State, local, Tribal and
territorial law enforcement, prosecutors and judges on cyber
and electronic crimes and threats; methods for investigating
cyber and electronic crimes; and prosecutorial and judicial
challenges related to cyber and electronic crimes.
This subsection also requires the Institute to train State,
local, Tribal and territorial law enforcement officers to
conduct cybercrime investigations, carry out computer and
mobile device forensics, and respond to network intrusions.
Finally, this subsection requires the institute to train
State, local, Tribal and territorial law enforcement,
prosecutors, and judges on methods to obtain, process, store
and admit digital evidence in court.
(c) Principles.
This subsection requires the Institute to ensure that
timely, actionable and relevant homeland security information
related to cyber and electronic crime is shared with State,
local, Tribal and territorial law enforcement, prosecutors, and
judges.
(d) Equipment.
This subsection authorizes the transfer of computer
equipment and supporting tools to State, local, Tribal and
territorial law enforcement, prosecutors and judges.
(e) Electronic Crimes Task Forces.
This subsection recognizes the Institute's training to help
facilitate membership and association with the USSS' network of
ECTF's throughout the country (ECTFs conduct quarterly meetings
with private industry, law enforcement, academia, and other
stakeholders to discuss trends in cybercrime and best practices
for information security resiliency).
(f) Coordination with Federal Law Enforcement Training Center.
This section requires the Institute to seek opportunities
to coordinate with the Federal Law Enforcement Training Center
(FLETC) to help enhance training of stakeholders and ensure the
training reflects timely, actionable and relevant expertise in
homeland security information related to cyber and electronic
crimes.
The Committee understands the inherent differences of both
NCFI and FLETC, but both programs should, when appropriate,
seek opportunities to share best practices in conducting cyber
crime, forensics, and related training.
(b) No Additional Funding.
This subsection prohibits the authorization of additional
appropriations for this program, the Director shall use
existing, appropriated, funds.
(c) Clerical Amendment.
This subsection amends the table of contents of the
Homeland Security Act of 2002.
Sec. 3. Training Materials.
This section requires the Director of the USSS to report to
Congress on plans to incorporate best practices into training
materials on chain of custody for digital evidence.
Sec. 4. Rule of Construction.
This section states that nothing in this act may be
construed to abridge the rights afforded by the Fourth and
Fifth Amendments to the United States Constitution.
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 italic 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.
* * * * * * *