I 

114TH CONGRESS 

2D SESSION H. R. 4740 

To direct the Attorney General to make grants to States and units of 

local government for the prevention, enforcement, and prosecution of 

cybercrimes against individuals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2016 

Ms. CLARK of Massachusetts introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To direct the Attorney General to make grants to States 

and units of local government for the prevention, enforcement, and prosecution of cybercrimes against individuals, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cybercrime Enforce5 ment Training Assistance Act of 2016’’. 

6 SEC. 2. LOCAL LAW ENFORCEMENT GRANTS. 

7 (a) IN GENERAL.—Subject to the availability of ap8 propriations, the Attorney General shall award grants 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 4740 IH

1 under this section to States and units of local government 

2 for the prevention, enforcement, and prosecution of 

3 cybercrimes against individuals. 

4 (b) APPLICATION.— 

5 (1) IN GENERAL.—To request a grant under 

6 this section, the chief executive officer of a State or 

7 unit of local government shall submit an application 

8 to the Attorney General within 90 days after the 

9 date on which funds to carry out this section are ap10 propriated for a fiscal year, in such form as the At11 torney General may require. Such application shall 

12 include the following: 

13 (A) A certification that Federal funds 

14 made available under this section will not be 

15 used to supplant State or local funds, but will 

16 be used to increase the amounts of such funds 

17 that would, in the absence of Federal funds, be 

18 made available for law enforcement activities. 

19 (B) An assurance that, not fewer than 30 

20 days before the application (or any amendment 

21 to the application) was submitted to the Attor22 ney General, the application (or amendment) 

23 was submitted for review to the governing body 

24 of the State or unit of local government (or to 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 4740 IH

1 an organization designated by that governing 

2 body). 

3 (C) An assurance that, before the applica4 tion (or any amendment to the application) was 

5 submitted to the Attorney General— 

6 (i) the application (or amendment) 

7 was made public; and 

8 (ii) an opportunity to comment on the 

9 application (or amendment) was provided 

10 to citizens and to neighborhood or commu11 nity-based organizations, to the extent ap12 plicable law or established procedure 

13 makes such an opportunity available. 

14 (D) An assurance that, for each fiscal year 

15 covered by an application, the applicant shall 

16 maintain and report such data, records, and in17 formation (programmatic and financial) as the 

18 Attorney General may reasonably require. 

19 (E) A certification, made in a form accept20 able to the Attorney General and executed by 

21 the chief executive officer of the applicant (or 

22 by another officer of the applicant, if qualified 

23 under regulations promulgated by the Attorney 

24 General), that— 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 4740 IH

1 (i) the programs to be funded by the 

2 grant meet all the requirements of this sec3 tion; 

4 (ii) all the information contained in 

5 the application is correct; 

6 (iii) there has been appropriate co7 ordination with affected agencies; and 

8 (iv) the applicant will comply with all 

9 provisions of this section and all other ap10 plicable Federal laws. 

11 (F) A certification that the State or in the 

12 case of a unit of local government, the State in 

13 which the unit of local government is located, 

14 has in effect criminal laws which prohibit 

15 cybercrimes against individuals. 

16 (G) A certification that any equipment de17 scribed in subsection (c)(7) purchased using 

18 grant funds awarded under this section will be 

19 used primarily for investigations and forensic 

20 analysis of evidence in matters involving 

21 cybercrimes against individuals. 

22 (c) USE OF FUNDS.—Grants awarded under this sec23 tion may only be used for programs that provide— 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•HR 4740 IH

1 (1) training for State or local law enforcement 

2 personnel relating to cybercrimes against individuals, 

3 including— 

4 (A) training such personnel to identify and 

5 protect victims of cybercrimes against individ6 uals; 

7 (B) training such personnel to utilize Fed8 eral, State, local, and other resources to assist 

9 victims of cybercrimes against individuals; 

10 (C) training such personnel to identify and 

11 investigate cybercrimes against individuals; 

12 (D) training such personnel to enforce and 

13 utilize the laws that prohibit cybercrimes 

14 against individuals; 

15 (E) training such personnel to utilize tech16 nology to assist in the investigation of 

17 cybercrimes against individuals and enforce18 ment of laws that prohibit such crimes; and 

19 (F) the payment of overtime incurred as a 

20 result of such training; 

21 (2) training for State or local prosecutors, 

22 judges, and judicial personnel, relating to 

23 cybercrimes against individuals, including— 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•HR 4740 IH

1 (A) training such personnel to identify, in2 vestigate, prosecute, or adjudicate cybercrimes 

3 against individuals; 

4 (B) training such personnel to utilize laws 

5 that prohibit cybercrimes against individuals; 

6 (C) training such personnel to utilize Fed7 eral, State, local, and other resources to assist 

8 victims of cybercrimes against individuals; and 

9 (D) training such personnel to utilize tech10 nology to assist in the prosecution or adjudica11 tion of acts of cybercrimes against individuals, 

12 including the use of technology to protect vic13 tims of such crimes; 

14 (3) training for State or local emergency dis15 patch personnel relating to cybercrimes against indi16 viduals, including— 

17 (A) training such personnel to identify and 

18 protect victims of cybercrimes against individ19 uals; 

20 (B) training such personnel to utilize Fed21 eral, State, local, and other resources to assist 

22 victims of cybercrimes against individuals; 

23 (C) training such personnel to utilize tech24 nology to assist in the identification of and re25 sponse to cybercrimes against individuals; and 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•HR 4740 IH

1 (D) the payment of overtime incurred as a 

2 result of such training; 

3 (4) assistance to State or local law enforcement 

4 agencies in enforcing laws that prohibit cybercrimes 

5 against individuals, including expenses incurred in 

6 performing enforcement operations, such as overtime 

7 payments; 

8 (5) assistance to State or local law enforcement 

9 agencies in educating the public in order to prevent, 

10 deter, and identify violations of laws that prohibit 

11 cybercrimes against individuals; 

12 (6) assistance to State or local law enforcement 

13 agencies to establish task forces that operate solely 

14 to conduct investigations, forensic analyses of evi15 dence, and prosecutions in matters involving 

16 cybercrimes against individuals; 

17 (7) assistance to State or local law enforcement 

18 and prosecutors in acquiring computers, computer 

19 equipment, and other equipment necessary to con20 duct investigations and forensic analysis of evidence 

21 in matters involving cybercrimes against individuals, 

22 including expenses incurred in the training, mainte23 nance, or acquisition of technical updates necessary 

24 for the use of such equipment for the duration of a 

25 reasonable period of use of such equipment; 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•HR 4740 IH

1 (8) assistance in the facilitation and promotion 

2 of sharing, with State and local law enforcement of3 ficers and prosecutors, of the expertise and informa4 tion of Federal law enforcement agencies about the 

5 investigation, analysis, and prosecution of matters 

6 involving laws that prohibit cybercrimes against indi7 viduals, including the use of multijurisdictional task 

8 forces; or 

9 (9) assistance to State and local law enforce10 ment and prosecutors in processing interstate extra11 dition requests for violations of laws involving 

12 cybercrimes against individuals, including expenses 

13 incurred in the extradition of an offender from one 

14 State to another. 

15 (d) REPORT TO THE SECRETARY.—On the date that 

16 is one year after the date on which a State or unit of local 

17 government receives a grant under this section, and annu18 ally thereafter, the chief executive of such State or unit 

19 of local government shall submit to the Attorney General 

20 a report which contains— 

21 (1) a summary of the activities carried out dur22 ing the previous year with any grant received by 

23 such State or unit of local government; 

24 (2) an evaluation of the results of such activi25 ties; and 


smartinez on DSK4TPTVN1PROD with BILLS
9 

•HR 4740 IH

1 (3) such other information as the Attorney 

2 General may reasonably require. 

3 (e) REPORT TO CONGRESS.—Not later than Novem4 ber 1 of each even-numbered fiscal year, the Attorney 

5 General shall submit to the Committee on the Judiciary 

6 of the House of Representatives and the Committee on 

7 the Judiciary of the Senate a report that contains a com8 pilation of the information contained in the report sub9 mitted under subsection (d). 

10 (f) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—There are authorized to be 

12 appropriated to carry out this section $20,000,000 

13 for each of fiscal years 2017 through 2021. 

14 (2) LIMITATION.—Of the amount made avail15 able under paragraph (1) in any fiscal year, not 

16 more than 5 percent may be used for evaluation, 

17 monitoring, technical assistance, salaries, and ad18 ministrative expenses. 

19 (g) DEFINITIONS.—In this section: 

20 (1) The term ‘‘cybercrimes against individuals’’ 

21 means the criminal offenses applicable in the rel22 evant State or unit of local government that involve 

23 the use of a computer to cause personal harm to an 

24 individual, such as the use of a computer to harass, 

25 threaten, stalk, extort, coerce, cause fear, intimidate, 


smartinez on DSK4TPTVN1PROD with BILLS
10 

•HR 4740 IH

1 without consent distribute intimate images of, or vio2 late the privacy of, an individual, except that— 

3 (A) use of a computer need not be an ele4 ment of such an offense; and 

5 (B) such term does not include the use of 

6 a computer to cause harm to a commercial enti7 ty, government agency, or any non-natural per8 sons. 

9 (2) The term ‘‘computer’’ includes a computer 

10 network and an interactive electronic device. 

11 SEC. 3. NATIONAL RESOURCE CENTER GRANT. 

12 (a) IN GENERAL.—Subject to the availability of ap13 propriations, the Attorney General shall award a grant 

14 under this section to an eligible entity for the purpose of 

15 the establishment and maintenance of a National Re16 source Center on Cybercrimes Against Individuals to pro17 vide resource information, training, and technical assist18 ance to improve the capacity of individuals, organizations, 

19 governmental entities, and communities to prevent, en20 force, and prosecute cybercrimes against individuals. 

21 (b) APPLICATION.—To request a grant under this 

22 section, an eligible entity shall submit an application to 

23 the Attorney General not later than 90 days after the date 

24 on which funds to carry out this section are appropriated 


smartinez on DSK4TPTVN1PROD with BILLS
11 

•HR 4740 IH

1 for fiscal year 2017 in such form as the Attorney General 

2 may require. Such application shall include the following: 

3 (1) An assurance that, for each fiscal year cov4 ered by an application, the applicant shall maintain 

5 and report such data, records, and information (pro6 grammatic and financial) as the Attorney General 

7 may reasonably require. 

8 (2) A certification, made in a form acceptable 

9 to the Attorney General, that— 

10 (A) the programs funded by the grant 

11 meet all the requirements of this section; 

12 (B) all the information contained in the 

13 application is correct; and 

14 (C) the applicant will comply with all pro15 visions of this section and all other applicable 

16 Federal laws. 

17 (c) USE OF FUNDS.—The eligible entity awarded a 

18 grant under this section shall use such amounts for the 

19 establishment and maintenance of a National Resource 

20 Center on Cybercrimes Against Individuals, which shall— 

21 (1) offer a comprehensive array of technical as22 sistance and training resources to Federal, State, 

23 and local governmental agencies, community-based 

24 organizations, and other professionals and interested 


smartinez on DSK4TPTVN1PROD with BILLS
12 

•HR 4740 IH

1 parties, related to cybercrimes against individuals, 

2 including programs and research related to victims; 

3 (2) maintain a resource library which shall col4 lect, prepare, analyze, and disseminate information 

5 and statistics related to— 

6 (A) the incidence of cybercrimes against 

7 individuals; 

8 (B) the enforcement, and prosecution of 

9 laws relating to cybercrimes against individuals; 

10 and 

11 (C) the provision of supportive services and 

12 resources for victims of cybercrimes against in13 dividuals; and 

14 (3) conduct research related to— 

15 (A) the causes of cybercrimes against indi16 viduals; 

17 (B) the effect of cybercrimes against indi18 viduals on victims of such crimes; and 

19 (C) model solutions to prevent or deter 

20 cybercrimes against individuals or to enforce 

21 the laws relating to cybercrimes against individ22 uals. 

23 (d) DURATION OF GRANT.— 

24 (1) IN GENERAL.—The grant awarded under 

25 this section shall be awarded for a period of 5 years. 


smartinez on DSK4TPTVN1PROD with BILLS
13 

•HR 4740 IH

1 (2) RENEWAL.—A grant under this section may 

2 be renewed for additional 5-year periods if the At3 torney General determines that the funds made 

4 available to the recipient were used in a manner de5 scribed in subsection (c), and if the recipient resub6 mits an application described in subsection (b) in 

7 such form, and at such time as the Attorney General 

8 may reasonably require. 

9 (e) SUBGRANTS.—The eligible entity awarded a grant 

10 under this section may make subgrants to other nonprofit 

11 private organizations with relevant subject matter exper12 tise in order to establish and maintain the National Re13 source Center on Cybercrimes Against Individuals in ac14 cordance with subsection (c). 

15 (f) REPORT TO THE SECRETARY.—On the date that 

16 is one year after the date on which an eligible entity re17 ceives a grant under this section, and annually thereafter 

18 for the duration of the grant period, the entity shall sub19 mit to the Attorney General a report which contains— 

20 (1) a summary of the activities carried out 

21 under the grant program during the previous year; 

22 (2) an evaluation of the results of such activi23 ties; and 

24 (3) such other information as the Attorney 

25 General may reasonably require. 


smartinez on DSK4TPTVN1PROD with BILLS
14 

•HR 4740 IH

1 (g) REPORT TO CONGRESS.—Not later than Novem2 ber 1 of each even-numbered fiscal year, the Attorney 

3 General shall submit to the Committee on the Judiciary 

4 of the House of Representatives and the Committee on 

5 the Judiciary of the Senate a report that contains a com6 pilation of the information contained in the report sub7 mitted under subsection (d). 

8 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 $4,000,000 for each of fiscal years 2017 through 2021. 

11 (i) DEFINITIONS.—In this section: 

12 (1) CYBERCRIMES AGAINST INDIVIDUALS.—The 

13 term ‘‘cybercrimes against individuals’’ has the 

14 meaning given such term in section 2(g). 

15 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means a nonprofit private organization that fo17 cuses on cybercrimes against individuals and that— 

18 (A) provides documentation to the Attor19 ney General demonstrating experience working 

20 directly on issues of cybercrimes against indi21 viduals; and 

22 (B) includes on the entity’s advisory board 

23 representatives who have a documented history 

24 of working directly on issues of cybercrimes 


smartinez on DSK4TPTVN1PROD with BILLS
15 

•HR 4740 IH

1 against individuals and who are geographically 

2 and culturally diverse. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS