[House Report 117-376]
[From the U.S. Government Publishing Office]


117th Congress    }                                   { Rept. 117-376
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {     Part 1

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

 
   NATIONAL COMPUTER FORENSICS INSTITUTE REAUTHORIZATION ACT OF 2022

                                _______
                                

 June 17, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 7174]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 7174) to amend the Homeland Security Act of 2002 
to reauthorize the National Computer Forensics Institute of the 
United States Secret Service, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
Correspondence with Other Committees.............................     6
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     7
Federal Mandates Statement.......................................     7
Duplicative Federal Programs.....................................     7
Statement of General Performance Goals and Objectives............     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     9

    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 ``National Computer Forensics Institute 
Reauthorization Act of 2022''.

SEC. 2. REAUTHORIZATION OF THE NATIONAL COMPUTER FORENSICS INSTITUTE OF 
                    THE DEPARTMENT OF HOMELAND SECURITY.

  (a) In General.--Section 822 of the Homeland Security Act of 2002 (6 
U.S.C. 383) is amended--
          (1) in subsection (a)--
                  (A) in the subsection heading, by striking ``In 
                General'' and inserting ``In General; Mission'';
                  (B) by striking ``2022'' and inserting ``2032''; and
                  (C) by striking the second sentence and inserting 
                ``The Institute's mission shall be to educate, train, 
                and equip State, local, territorial, and Tribal law 
                enforcement officers, prosecutors, judges, participants 
                in the United States Secret Service's network of cyber 
                fraud task forces, and other appropriate individuals 
                regarding the investigation and prevention of 
                cybersecurity incidents, electronic crimes, and related 
                cybersecurity threats, including through the 
                dissemination of homeland security information, in 
                accordance with relevant Department guidance regarding 
                privacy, civil rights, and civil liberties 
                protections.'';
          (2) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
          (3) by striking subsection (b) and inserting the following 
        new subsections:
  ``(b) Curriculum.--In furtherance of subsection (a), all education 
and training of the Institute shall be conducted in accordance with 
relevant Federal law and policy regarding privacy, civil rights, and 
civil liberties protections, including best practices for safeguarding 
data privacy and fair information practice principles. Education and 
training provided pursuant to subsection (a) shall relate to the 
following:
          ``(1) Investigating and preventing cybersecurity incidents, 
        electronic crimes, and related cybersecurity threats, including 
        relating to instances involving illicit use of digital assets 
        and emerging trends in cybersecurity and electronic crime.
          ``(2) Conducting forensic examinations of computers, mobile 
        devices, and other information systems.
          ``(3) Prosecutorial and judicial considerations related to 
        cybersecurity incidents, electronic crimes, related 
        cybersecurity threats, and forensic examinations of computers, 
        mobile devices, and other information systems.
          ``(4) Methods to obtain, process, store, and admit digital 
        evidence in court.
  ``(c) Research and Development.--In furtherance of subsection (a), 
the Institute shall research, develop, and share information relating 
to investigating cybersecurity incidents, electronic crimes, and 
related cybersecurity threats that prioritize best practices for 
forensic examinations of computers, mobile devices, and other 
information systems. Such information may include training on methods 
to investigate ransomware and other threats involving the use of 
digital assets.'';
          (4) in subsection (d), as so redesignated--
                  (A) by striking ``cyber and electronic crime and 
                related threats is shared with State, local, tribal, 
                and territorial law enforcement officers and 
                prosecutors'' and inserting ``cybersecurity incidents, 
                electronic crimes, and related cybersecurity threats is 
                shared with recipients of education and training 
                provided pursuant to subsection (a)''; and
                  (B) by adding at the end the following new sentence: 
                ``The Institute shall prioritize providing education 
                and training to individuals from geographically-diverse 
                jurisdictions throughout the United States.'';
          (5) in subsection (e), as so redesignated--
                  (A) by striking ``State, local, tribal, and 
                territorial law enforcement officers'' and inserting 
                ``recipients of education and training provided 
                pursuant to subsection (a)''; and
                  (B) by striking ``necessary to conduct cyber and 
                electronic crime and related threat investigations and 
                computer and mobile device forensic examinations'' and 
                inserting ``for investigating and preventing 
                cybersecurity incidents, electronic crimes, related 
                cybersecurity threats, and for forensic examinations of 
                computers, mobile devices, and other information 
                systems'';
          (6) in subsection (f), as so redesignated--
                  (A) by amending the heading to read as follows: 
                ``Cyber Fraud Task Forces'';
                  (B) by striking ``Electronic Crime'' and inserting 
                ``Cyber Fraud'';
                  (C) by striking ``State, local, tribal, and 
                territorial law enforcement officers'' and inserting 
                ``recipients of education and training provided 
                pursuant to subsection (a)''; and
                  (D) by striking ``at'' and inserting ``by'';
          (7) by redesignating subsection (g), as redesignated pursuant 
        to paragraph (2), as subsection (j); and
          (8) by inserting after subsection (f), as so redesignated, 
        the following new subsections:
  ``(g) Expenses.--The Director of the United States Secret Service may 
pay for all or a part of the education, training, or equipment provided 
by the Institute, including relating to the travel, transportation, and 
subsistence expenses of recipients of education and training provided 
pursuant to subsection (a).
  ``(h) Annual Reports to Congress.--The Secretary shall include in the 
annual report required pursuant to section 1116 of title 31, United 
States Code, information regarding the activities of the Institute, 
including relating to the following:
          ``(1) Activities of the Institute, including, where possible, 
        an identification of jurisdictions with recipients of education 
        and training provided pursuant to subsection (a) of this 
        section during such year and information relating to the costs 
        associated with such education and training.
          ``(2) Any information regarding projected future demand for 
        such education and training.
          ``(3) Impacts of the Institute's activities on jurisdictions' 
        capability to investigate and prevent cybersecurity incidents, 
        electronic crimes, and related cybersecurity threats.
          ``(4) A description of the nomination process for State, 
        local, territorial, and Tribal law enforcement officers, 
        prosecutors, judges, participants in the United States Secret 
        Service's network of cyber fraud task forces, and other 
        appropriate individuals to receive the education and training 
        provided pursuant to subsection (a).
          ``(5) Any other issues determined relevant by the Secretary.
  ``(i) Definitions.--In this section--
          ``(1) Cybersecurity threat.--The term `cybersecurity threat' 
        has the meaning given such term in section 102 of the 
        Cybersecurity Act of 2015 (enacted as division N of the 
        Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 
        U.S.C. 1501))
          ``(2) Incident.--The term `incident' has the meaning given 
        such term in section 2209(a).
          ``(3) Information system.--The term `information system' has 
        the meaning given such term in section 102 of the Cybersecurity 
        Act of 2015 (enacted as division N of the Consolidated 
        Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 
        1501(9))).''.
  (b) Guidance From the Privacy Officer and Civil Rights and Civil 
Liberties Officer.--The Privacy Officer and the Officer for Civil 
Rights and Civil Liberties of the Department of Homeland Security shall 
provide guidance, upon the request of the Director of the United States 
Secret Service, regarding the functions specified in subsection (b) of 
section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as 
amended by subsection (a).
  (c) Template for Information Collection From Participating 
Jurisdictions.--Not later than 180 days after the date of the enactment 
of this Act, the Director of the United States Secret Service shall 
develop and disseminate to jurisdictions that are recipients of 
education and training provided by the National Computer Forensics 
Institute pursuant to subsection (a) of section 822 of the Homeland 
Security Act of 2002 (6 U.S.C. 383), as amended by subsection (a), a 
template to permit each such jurisdiction to submit to the Director 
reports on the impacts on such jurisdiction of such education and 
training, including information on the number of digital forensics 
exams conducted annually. The Director shall, as appropriate, revise 
such template and disseminate to jurisdictions described in this 
subsection any such revised templates.
  (d) Requirements Analysis.--
          (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Director of the United States 
        Secret Service shall carry out a requirements analysis of 
        approaches to expand capacity of the National Computer 
        Forensics Institute to carry out the Institute's mission as set 
        forth in subsection (a) of section 822 of the Homeland Security 
        Act of 2002 (6 U.S.C. 383), as amended by subsection (a).
          (2) Submission.--Not later than 90 days after completing the 
        requirements analysis under paragraph (1), the Director of the 
        United States Secret Service shall submit to Congress such 
        analysis, together with a plan to expand the capacity of the 
        National Computer Forensics Institute to provide education and 
        training described in such subsection. Such analysis and plan 
        shall consider the following:
                  (A) Expanding the physical operations of the 
                Institute.
                  (B) Expanding the availability of virtual education 
                and training to all or a subset of potential recipients 
                of education and training from the Institute.
                  (C) Some combination of the considerations set forth 
                in subparagraphs (A) and (B).
  (e) Research and Development.--The Director of the United States 
Secret Service may coordinate with the Under Secretary for Science and 
Technology of the Department of Homeland Security to carry out research 
and development of systems and procedures to enhance the National 
Computer Forensics Institute's capabilities and capacity to carry out 
the Institute's mission as set forth in subsection (a) of section 822 
of the Homeland Security Act of 2002 (6 U.S.C. 383), as amended by 
subsection (a).

                          Purpose and Summary

    H.R. 7174, the ``National Computer Forensics Institute 
Reauthorization Act of 2022,'' would reauthorize the U.S. 
Secret Service's National Computer Forensics Institute (NCFI) 
through 2032 and make a number of targeted enhancements to 
position the NCFI for future success. The legislation would 
ensure the NCFI is able to continue its important mission of 
training State, local, Tribal, and Territorial officers, 
prosecutors, and judges in cybercrime investigations and cyber 
incident response. Authority to operate the NCFI will sunset in 
November 2022 if this bill is not enacted. Additionally, this 
bill would strengthen the NCFI's operations by requiring that 
the training provided includes privacy, civil rights, and civil 
liberties protections and by authorizing the NCFI to research 
and develop training approaches to carry out investigations 
involving ransomware and the use of digital assets. The bill 
also requires the Secretary of Homeland Security to report to 
Congress annually on the NCFI's activities, successes, and 
projected demands for training.

                  Background and Need for Legislation

    Ransomware attacks--the use of malicious software to 
compromise computer systems and extort a ransom payment from 
victims--have surged, both in number and in the size of ransom 
payments demanded. In 2020, an estimated 2,400 governments, 
hospitals, and school districts were victims of ransomware 
attacks in the United States.\1\ According to the Congressional 
Research Service, ransomware attacks are ``prevalent.''\2\ The 
proliferation of computer systems for business, government, and 
personal use has resulted in increasing cybercrimes ranging 
from ransomware attacks to child exploitation. Accordingly, law 
enforcement, prosecutors, and judicial officials at the State, 
local, Tribal, Territorial, and Federal levels need advanced 
cyber training and capabilities.
---------------------------------------------------------------------------
    \1\``Combating Ransomware: A Comprehensive Framework for Action: 
Key Recommendations from the Ransomware Task Force,'' Institute for 
Security and Technology, (2021), available
at https://securityandtechnology.org/wp-content/uploads/2021/04/IST-
Ransomware-Task-Force-Report.pdf.
    \2\Peter G. Berris and Jonathan M. Gaffney, ``Ransomware and 
Federal Law: Cybercrime and Cybersecurity,'' (R46932, Oct. 5, 2021), 
available at https://crsreports.congress.gov/product/pdf/R/R46932.
---------------------------------------------------------------------------
    The NCFI is a federally funded training center operated by 
the U.S. Secret Service that focuses on training State, local, 
Tribal, and Territorial officers, prosecutors, and judges in 
cybercrime investigations and cyber incident response. Since 
2008, the NCFI, located in Hoover, Alabama, has trained more 
than 18,000 law enforcement officers, prosecutors, and judicial 
officials from all 50 States and five U.S. Territories. NCFI 
students receive hands-on training in network incident response 
and digital evidence process, and they are provided equipment 
for digital forensics examinations. NCFI graduates conducted 
122,000 digital forensic examinations in fiscal year 2021, 40 
percent of which involved violent crime investigations. In 
2017, Congress authorized the NCFI for 5 years.\3\
---------------------------------------------------------------------------
    \3\Pub. L. 115-76 (2017) (codified at 6 U.S.C. Sec.  383).
---------------------------------------------------------------------------
    With ransomware and cyber threats rising, the NCFI's 
mission is more important than ever. H.R. 7174 will extend the 
NCFI's authorization for 10 years, through 2032, and strengthen 
the NCFI's operations by ensuring that its training include 
privacy, civil rights, and civil liberties protections. The 
bill also requires the NCFI to engage in research and 
development to improve its approaches to training and to annual 
report to Congress on the center's activities, successes, and 
projected demands for training. Finally, as amended, the bill 
requires reporting on the nomination process for participation 
in NCFI education and training to provide Congress with greater 
insight into how jurisdictions and their personnel are 
nominated and selected.

                                Hearing

    For the purposes of clause 3(c)(6) of rule XIII of the 
Rules of the House of Representatives, the following hearing 
was used to develop H.R. 7174:
           On November 17, 2021, the Subcommittees on 
        Intelligence and Counterterrorism and Cybersecurity, 
        Infrastructure Protection, and Innovation held a 
        hearing entitled, ``A Whole-of-Government Approach to 
        Combating Ransomware: Examining DHS's Role.'' The 
        Subcommittees received testimony from Mr. Rob Silvers, 
        Undersecretary of Strategy, Policy, and Plans, 
        Department of Homeland Security; Mr. Brandon Wales, 
        Executive Director, Cybersecurity and Infrastructure 
        Security Agency, Department of Homeland Security; and 
        Mr. Jeremy Sheridan, Assistant Director of 
        Investigations, U.S. Secret Service, Department of 
        Homeland Security.

                        Committee Consideration

    The Committee met on May 19, 2022, a quorum being present, 
to consider H.R. 7174 and ordered the measure to be favorably 
reported to the House, as amended, by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII 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. 7174.

                      Committee Oversight Findings

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

                  Correspondence With Other Committees

                          House of Representatives,
                                Committee on the Judiciary,
                                      Washington, DC, June 8, 2022.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Chairman Thompson: This letter is to advise you that 
the Committee on the Judiciary has now had an opportunity to 
review the provisions in H.R. 7174, the ``National Computer 
Forensics Institute Reauthorization Act of 2022,'' that fall 
within our Rule X jurisdiction. I appreciate your consulting 
with us on those provisions. The Judiciary Committe has no 
objection to your including them in the bill for consideration 
on the House floor, and to expedite that consideration is 
willing to forgo action on H.R. 7174, with the understanding 
that we do not thereby waive any future jurisdicational claim 
over those provisions or their subject matters.
    In the event a House-Senate conference on this or similar 
legislation is convened, the Judiciary Committee reserves the 
right to request an appropriate number of conferees to address 
any concerns with these or similar provisions that may arise in 
conference.
    Please place this letter into the Congressional Record 
during consideration of the measure on the House floor. Thank 
you for the cooperative spirit in which you have worked 
regarding this matter and others between our committees.
            Sincerely,
                                            Jerrold Nadler,
                                                          Chairman.
                              ----------                              

                          House of Representatives,
                            Committee on Homeland Security,
                                      Washington, DC, June 8, 2022.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Chairman Nadler: Thank you for your letter regarding 
H.R. 7174, the ``National Computer Forensics Institute 
Reauthorization Act of 2022.'' I recognize that the Committee 
on the Judiciary has a jurisdictional interest in H.R. 7174, 
and I appreciate your efforts to allow this bill to be 
considered on the House floor.
    I concur with you that forgoing action on the bill does not 
in any way prejudice the Committee on the Judiciary with 
respect to its jurisdicational prerogatives on this bill or 
similar legislation in the future, and I would support your 
effort to seek appointment of an appropriate number of 
conferees to any House-Senate conference involving this 
legislation.
    I will include our letters on H.R. 7174 in the Committee 
report on this measure and in the Congressional Record during 
floor consideration of this bill. I look forward to working 
with you on this legislation and other matters of great 
importance to this Nation.
            Sincerely,
                                        Bennie G. Thompson,
                                                          Chairman.

Congressional Budget Office Estimate New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 7174 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 7174 is to reauthorize the NCFI for a period of 10 years 
(to end in 2032) and to make improvements to its operations.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                      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 H.R. 7174 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 states that the Act may be cited as the 
``National Computer Forensics Institute Reauthorization Act of 
2022''.

Sec. 2. Reauthorization of the National Computer Forensics Institute of 
        the Department of Homeland Security

    Subsection (a) amends 6 U.S.C. Sec. 383 to reauthorize the 
NCFI through 2032. It additionally makes targeted improvements 
by amending 6 U.S.C. Sec. 383 as follows:
          (1) providing that the NCFI's mission shall be to 
        educate, train, and equip State, local, Tribal, and 
        Territorial law enforcement officers, prosecutors, 
        judges, participants in the U.S. Secret Service's 
        network of cyber fraud task forces, and other 
        appropriate individuals regarding the investigation and 
        prevention of cybersecurity incidents, electronic 
        crimes, and related cybersecurity threats, including 
        through the dissemination of homeland security 
        information, in accordance with relevant Department 
        guidance regarding privacy, civil rights, and civil 
        liberties protections;
          (2) establishing curriculum requirements in 
        furtherance of subsection (a) and requiring that 
        training be conducted in accordance with relevant 
        Federal law and policy regarding privacy, civil rights, 
        and civil liberties protections;
          (3) requiring the NCFI to research, develop, and 
        share information relating to investigating 
        cybersecurity incidents, electronic crimes, and related 
        cybersecurity threats, which prioritizes best practices 
        and may include training on methods to investigate 
        ransomware and other threats involving the use of 
        digital assets;
          (4) requiring the NCFI to prioritize providing 
        education and training to individuals from 
        geographically diverse jurisdictions throughout the 
        United States;
          (5) permitting the Director of the Secret Service to 
        pay for all or a part of the education, training, or 
        equipment provided by the Institute, including relating 
        to travel, transportation, and subsistence expenses;
          (6) requiring the Secretary of Homeland Security to 
        report on NCFI activities, including identifying 
        jurisdictions that receive education and training, a 
        description of the process by which individuals are 
        nominated and selected for training and education at 
        the NCFI, projected future demand for NCFI education 
        and training, and impacts of NCFI education and 
        training on jurisdictions' capability to investigate 
        and prevent cybersecurity incidents, electronic crimes, 
        and related cybersecurity threats; and
          (7) establishing definitions for ``cybersecurity 
        threat,'' ``incident,'' and ``information system.''
    The report by the Secretary of Homeland Security required 
by section 2(a)(8) of the bill, as amended, includes a 
description of the process by which individuals are nominated 
for training and education at the NCFI, which necessarily 
includes a description of the selection process by the NCFI. 
The Committee notes that in discussions with NCFI leadership, 
resource limitations have resulted in the Center not being able 
to take students from all the jurisdictions that seek the 
training and, as such, believes that it is worthwhile for the 
Center to look at a range of options to expand capacity to 
address current and future demand. The Committee has an 
interest in a wide range of personnel with varying levels of 
experience from geographically diverse jurisdictions accessing 
this valuable training and support.
    Subsection (b) requires the Privacy Officer and Officer for 
Civil Rights and Civil Liberties of the Department of Homeland 
Security to, upon request of the Director of the Secret 
Service, provide guidance on NCFI training and education 
activities.
    Subsection (c) directs the Director of the Secret Service 
to develop and disseminate, to jurisdictions that receive 
education and training provided by the NCFI, a template to 
permit each jurisdiction to submit to the Director reports on 
the impacts of NCFI education and training, including 
information on the number of forensics exams conducted 
annually.
    Subsection (d) requires, within 1 year after the date of 
enactment, the Director of the Secret Service to carry out a 
requirements analysis of approaches to expand the NCFI's 
capacity and to submit such analysis to Congress, together with 
a plan to expand the capacity of the NCFI. Additionally, it 
requires such analysis and plan to consider expanding the 
physical operations of the Institute, expanding the 
availability of virtual education and training, and some 
combination of the two.
    Subsection (e) permits the Director of the Secret Service 
to coordinate with the Under Secretary for Science and 
Technology of the Department of Homeland Security to carry out 
research and development of systems and procedures to enhance 
the NCFI's capabilities and capacity.

         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 (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002




           *       *       *       *       *       *       *
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] In General; Mission.--There is authorized 
for fiscal years 2017 through [2022] 2032 within the United 
States Secret Service a National Computer Forensics Institute 
(in this section referred to as the ``Institute''). [The 
Institute shall disseminate information related to the 
investigation and prevention of cyber and electronic crime and 
related threats, and educate, train, and equip State, local, 
tribal, and territorial law enforcement officers, prosecutors, 
and judges.] The Institute's mission shall be to educate, 
train, and equip State, local, territorial, and Tribal law 
enforcement officers, prosecutors, judges, participants in the 
United States Secret Service's network of cyber fraud task 
forces, and other appropriate individuals regarding the 
investigation and prevention of cybersecurity incidents, 
electronic crimes, and related cybersecurity threats, including 
through the dissemination of homeland security information, in 
accordance with relevant Department guidance regarding privacy, 
civil rights, and civil liberties protections.
  [(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.]
  (b) Curriculum.--In furtherance of subsection (a), all 
education and training of the Institute shall be conducted in 
accordance with relevant Federal law and policy regarding 
privacy, civil rights, and civil liberties protections, 
including best practices for safeguarding data privacy and fair 
information practice principles. Education and training 
provided pursuant to subsection (a) shall relate to the 
following:
          (1) Investigating and preventing cybersecurity 
        incidents, electronic crimes, and related cybersecurity 
        threats, including relating to instances involving 
        illicit use of digital assets and emerging trends in 
        cybersecurity and electronic crime.
          (2) Conducting forensic examinations of computers, 
        mobile devices, and other information systems.
          (3) Prosecutorial and judicial considerations related 
        to cybersecurity incidents, electronic crimes, related 
        cybersecurity threats, and forensic examinations of 
        computers, mobile devices, and other information 
        systems.
          (4) Methods to obtain, process, store, and admit 
        digital evidence in court.
  (c) Research and Development.--In furtherance of subsection 
(a), the Institute shall research, develop, and share 
information relating to investigating cybersecurity incidents, 
electronic crimes, and related cybersecurity threats that 
prioritize best practices for forensic examinations of 
computers, mobile devices, and other information systems. Such 
information may include training on methods to investigate 
ransomware and other threats involving the use of digital 
assets.
  [(c)] (d) Principles.--In carrying out the functions 
specified in subsection (b), the Institute shall ensure, to the 
extent practicable, that timely, actionable, and relevant 
expertise and information related to [cyber and electronic 
crime and related threats is shared with State, local, tribal, 
and territorial law enforcement officers and prosecutors] 
cybersecurity incidents, electronic crimes, and related 
cybersecurity threats is shared with recipients of education 
and training provided pursuant to subsection (a). The Institute 
shall prioritize providing education and training to 
individuals from geographically-diverse jurisdictions 
throughout the United States.
  [(d)] (e) Equipment.--The Institute may provide [State, 
local, tribal, and territorial law enforcement officers] 
recipients of education and training provided pursuant to 
subsection (a) with computer equipment, hardware, software, 
manuals, and tools [necessary to conduct cyber and electronic 
crime and related threat investigations and computer and mobile 
device forensic examinations] for investigating and preventing 
cybersecurity incidents, electronic crimes, related 
cybersecurity threats, and for forensic examinations of 
computers, mobile devices, and other information systems.
  [(e) Electronic Crime Task Forces.--]
  (f) Cyber Fraud Task Forces._The Institute shall facilitate 
the expansion of the network of [Electronic Crime] Cyber Fraud 
Task Forces of the United States Secret Service through the 
addition of [State, local, tribal, and territorial law 
enforcement officers] recipients of education and training 
provided pursuant to subsection (a) educated and trained [at] 
by the Institute.
  (g) Expenses.--The Director of the United States Secret 
Service may pay for all or a part of the education, training, 
or equipment provided by the Institute, including relating to 
the travel, transportation, and subsistence expenses of 
recipients of education and training provided pursuant to 
subsection (a).
  (h) Annual Reports to Congress.--The Secretary shall include 
in the annual report required pursuant to section 1116 of title 
31, United States Code, information regarding the activities of 
the Institute, including relating to the following:
          (1) Activities of the Institute, including, where 
        possible, an identification of jurisdictions with 
        recipients of education and training provided pursuant 
        to subsection (a) of this section during such year and 
        information relating to the costs associated with such 
        education and training.
          (2) Any information regarding projected future demand 
        for such education and training.
          (3) Impacts of the Institute's activities on 
        jurisdictions' capability to investigate and prevent 
        cybersecurity incidents, electronic crimes, and related 
        cybersecurity threats.
          (4) A description of the nomination process for 
        State, local, territorial, and Tribal law enforcement 
        officers, prosecutors, judges, participants in the 
        United States Secret Service's network of cyber fraud 
        task forces, and other appropriate individuals to 
        receive the education and training provided pursuant to 
        subsection (a).
          (5) Any other issues determined relevant by the 
        Secretary.
  (i) Definitions.--In this section--
          (1) Cybersecurity threat.--The term ``cybersecurity 
        threat'' has the meaning given such term in section 102 
        of the Cybersecurity Act of 2015 (enacted as division N 
        of the Consolidated Appropriations Act, 2016 (Public 
        Law 114-113; 6 U.S.C. 1501))
          (2) Incident.--The term ``incident'' has the meaning 
        given such term in section 2209(a).
          (3) Information system.--The term ``information 
        system'' has the meaning given such term in section 102 
        of the Cybersecurity Act of 2015 (enacted as division N 
        of the Consolidated Appropriations Act, 2016 (Public 
        Law 114-113; 6 U.S.C. 1501(9))).
  [(f)] (j) Savings Provision.--All authorized activities and 
functions carried out by the Institute at any location as of 
the day before the date of the enactment of this section are 
authorized to continue to be carried out at any such location 
on and after such date.

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