STRENGTHENING STATE AND LOCAL CYBER CRIME FIGHTING ACT OF 2017; Congressional Record Vol. 163, No. 157
(Senate - October 02, 2017)

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[Pages S6263-S6265]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     STRENGTHENING STATE AND LOCAL CYBER CRIME FIGHTING ACT OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Judiciary Committee be discharged from further consideration of H.R. 
1616 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 1616) to amend the Homeland Security Act of 
     2002 to authorize the National Computer Forensics Institute, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Cornyn 
amendment at the desk be considered and agreed to, and the bill, as

[[Page S6264]]

amended, be considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1109) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

       Strike 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 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. 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.
       ``(c) 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--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. 3031. ESTABLISHMENT OF GRANT PROGRAM.

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


[[Page S6265]]


  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  Mr. McCONNELL. Mr. President, I know of no further debate on the 
bill.
  The PRESIDING OFFICER. If there is no further debate, the bill having 
been read the third time, the question is, Shall it pass?
  The bill (H.R. 1616), as amended, was passed.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the motion 
to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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