Strengthening State and Local Cyber Crime Fighting Act

To amend the Homeland Security Act of 2002 to authorize the National Computer Forensics Institute, and for other purposes. 1. Short title This Act may be cited as the Strengthening State and Local Cyber Crime Fighting Act 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. 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 (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. . 1. Short title This Act may be cited as the Strengthening State and Local Cyber Crime Fighting Act 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. 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 (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. . 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. 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. November 30, 2015 Reported from the Committee on Homeland Security

Summary: Strengthening State and Local Cyber Crime Fighting Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security (DHS) a National Computer Forensics Institute to be operated by the U.S. Secret Service to: (1)  disseminate homeland security information related to the investigation and prevention of cyber and electronic crimes and related threats; and (2) educate, train, and provide equipment to state, local, tribal, and territorial law enforcement officers, prosecutors, and judges to carry out investigations, prosecutions, and court proceeding relating to such crimes and threats. The institute: must provide 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; must ensure that timely, actionable, and relevant expertise and homeland security information related to cyber and electronic crimes and threats is shared with such officers, prosecutors, and judges; and may provide officers, prosecutors, and judges with computer equipment and tools for such investigations and examinations. The Secret Service's network of Electronic Crime Task Forces is to be expanded through the addition of task force officers, prosecutors, and judges educated and trained at the institute, in addition to academia and private sector stakeholders. The institute must seek opportunities to coordinate with the Federal Law Enforcement Training Center within DHS to help enhance the center's training for such cyber and electronic crimes and threats.