Text: H.R.1616 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-76 (11/02/2017)

 
[115th Congress Public Law 76]
[From the U.S. Government Publishing Office]



[[Page 1245]]

     STRENGTHENING STATE AND LOCAL CYBER CRIME FIGHTING ACT OF 2017

[[Page 131 STAT. 1246]]

Public Law 115-76
115th Congress

                                 An Act


 
  To amend the Homeland Security Act of 2002 to authorize the National 
 Computer Forensics Institute, and for other purposes. <<NOTE: Nov. 2, 
                         2017 -  [H.R. 1616]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Strengthening 
State and Local Cyber Crime Fighting Act of 2017. 34 USC 10101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening State and Local Cyber 
Crime Fighting Act of 2017''.
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. <<NOTE: Establishment. 6 USC 383.>> NATIONAL COMPUTER 
                        FORENSICS INSTITUTE.

    ``(a) In General.--There is authorized for fiscal years 2017 through 
2022 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.
    ``(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.

[[Page 131 STAT. 1247]]

    ``(c) <<NOTE: Information sharing.>> 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.

    ``(d) Equipment.--The Institute may provide State, local, tribal, 
and territorial law enforcement officers 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.
    ``(e) Electronic Crime Task Forces.--The Institute shall facilitate 
the expansion of the network of Electronic Crime Task Forces of the 
United States Secret Service through the addition of State, local, 
tribal, and territorial law enforcement officers educated and trained at 
the Institute.
    ``(f) 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.''.
    (b) Funding.--For each of fiscal years 2018 through 2022, amounts 
appropriated for United States Secret Service, Operations and Support, 
may be used to carry out this Act and the amendments made by this Act.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 821 the following new item:

``Sec. 822. National Computer Forensics Institute.''.

SEC. 3. PREVENTION, INVESTIGATION, AND PROSECUTION OF ECONOMIC, 
                    HIGH TECHNOLOGY, INTERNET, AND OTHER WHITE 
                    COLLAR CRIME.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at 
the end the following:

``PART MM-- <<NOTE: National White Collar Crime Control Act of 2017. 34 
 USC 10101 note.>> PREVENTION, INVESTIGATION, AND PROSECUTION OF WHITE 
COLLAR CRIME
``SEC. 3030. SHORT TITLE.

    ``This part may be cited as the `National White Collar Crime Control 
Act of 2017'.
``SEC. <<NOTE: 34 USC 10721 note.>> 3031. ESTABLISHMENT OF GRANT 
                          PROGRAM.

    ``(a) <<NOTE: Contracts.>> Authorization.--The Director of the 
Bureau of Justice Assistance is authorized to enter into a cooperative 
agreement with or make a grant to an eligible entity for the purpose of 
improving the identification, investigation, and prosecution of white 
collar crime (including each category of such crimes set forth in 
paragraphs (1) through (3) of subsection (b)) by providing 
comprehensive, direct, and practical training and technical assistance 
to law enforcement officers, investigators, auditors and prosecutors in 
States and units of local government.

    ``(b) White Collar Crime Defined.--For purposes of this part, the 
term `white collar crime' includes--

[[Page 131 STAT. 1248]]

            ``(1) high-tech crime, including cyber and electronic crime 
        and related threats;
            ``(2) economic crime, including financial fraud and mortgage 
        fraud; and
            ``(3) Internet-based crime against children and child 
        pornography.
``SEC. 3032. <<NOTE: 34 USC 10722 note.>> PURPOSES.

    ``The purposes of this part include the following:
            ``(1) To ensure that training is available for State, local, 
        tribal and territorial law enforcement agencies and officers 
        nationwide to support local efforts to identify, prevent, 
        investigate, and prosecute cyber and financial crimes, including 
        those crimes facilitated via computer networks and other 
        electronic means, and crimes involving financial and economic 
        impacts such as intellectual property crimes.
            ``(2) To deliver training to State, local, tribal, and 
        territorial law enforcement officers, and other criminal justice 
        professionals concerning the use of proven methodologies to 
        prevent, detect, and respond to such crimes, recognize emerging 
        issues, manage electronic and financial crime evidence and to 
        improve local criminal justice agency responses to such threats.
            ``(3) To provide operational and technical assistance and 
        training concerning tools, products, resources, guidelines, and 
        procedures to aid and enhance criminal intelligence analysis, 
        conduct cyber crime and financial crime investigations, and 
        related justice information sharing at the local and State 
        levels.
            ``(4) To provide appropriate training on protections for 
        privacy, civil rights, and civil liberties in the conduct of 
        criminal intelligence analysis and cyber and electronic crime 
        and financial crime investigations, including in the development 
        of policies, guidelines, and procedures by State, local, tribal, 
        and territorial law enforcement agencies to protect and enhance 
        privacy, civil rights, and civil liberties protections and 
        identify weaknesses and gaps in the protection of privacy, civil 
        rights, and civil liberties.
``SEC. 3033. <<NOTE: 34 USC 10723 note.>> AUTHORIZED PROGRAMS.

    ``A grant or cooperative agreement awarded under this part may be 
made only for the following programs, with respect to the prevention, 
investigation, and prosecution of certain criminal activities:
            ``(1) Programs to provide a nationwide support system for 
        State and local criminal justice agencies.
            ``(2) Programs to assist State and local criminal justice 
        agencies to develop, establish, and maintain intelligence-
        focused policing strategies and related information sharing.
            ``(3) Programs to provide training and investigative support 
        services to State and local criminal justice agencies to provide 
        such agencies with skills and resources needed to investigate 
        and prosecute such criminal activities and related criminal 
        activities.
            ``(4) Programs to provide research support, to establish 
        partnerships, and to provide other resources to aid State and 
        local criminal justice agencies to prevent, investigate, and 
        prosecute such criminal activities and related problems.

[[Page 131 STAT. 1249]]

            ``(5) Programs to provide information and research to the 
        general public to facilitate the prevention of such criminal 
        activities.
            ``(6) Programs to establish or support national training and 
        research centers regionally to provide training and research 
        services for State and local criminal justice agencies.
            ``(7) Programs to provide training and oversight to State 
        and local criminal justice agencies to develop and comply with 
        applicable privacy, civil rights, and civil liberties related 
        policies, procedures, rules, laws, and guidelines.
            ``(8) Any other programs specified by the Attorney General 
        as furthering the purposes of this part.
``SEC. 3034. <<NOTE: 34 USC 10724 note.>> APPLICATION.

    ``To be eligible for an award of a grant or cooperative agreement 
under this part, an entity shall submit to the Director of the Bureau of 
Justice Assistance an application in such form and manner, and 
containing such information, as required by the Director of the Bureau 
of Justice Assistance.
``SEC. 3035. <<NOTE: 34 USC 10725 note.>> ELIGIBILITY.

    ``States, units of local government, not-for-profit entities, and 
institutions of higher-education with demonstrated capacity and 
experience in delivering training, technical assistance and other 
resources including direct, practical laboratory training to law 
enforcement officers, investigators, auditors and prosecutors in States 
and units of local government and over the Internet shall be eligible to 
receive an award under this part.
``SEC. 3036. <<NOTE: 34 USC 10726 note.>> RULES AND REGULATIONS.

    ``The Director of the Bureau of Justice Assistance shall promulgate 
such rules and regulations as are necessary to carry out this part, 
including rules and regulations for submitting and reviewing 
applications under section 3035.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $13,000,000 for each of fiscal years 2018 through 2022 to 
carry out--
            (1) part MM of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968, as added by subsection (a); and

[[Page 131 STAT. 1250]]

            (2) section 401(b) of the Prioritizing Resources and 
        Organization for Intellectual Property Act of 2008 (34 U.S.C. 
        30103(b)).

    Approved November 2, 2017.

LEGISLATIVE HISTORY--H.R. 1616:
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CONGRESSIONAL RECORD, Vol. 163 (2017):
            May 16, considered and passed House.
            Oct. 2, considered and passed Senate, amended.
            Oct. 12, House concurred in Senate amendment.

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