S.Amdt. 6305Senate117th Congress (2021-2023)2nd degree

S.Amdt. 6305

What it does: Adds SEC. __. REAUTHORIZATION OF THE NATIONAL COMPUTER FORENSICS INSTITUTE wherever appropriate
Submitted September 29, 2022

What it changes

1 change to S.Amdt. 5499

Adds a section
  1. Adds SEC. __. REAUTHORIZATION OF THE NATIONAL COMPUTER FORENSICS INSTITUTE wherever appropriate

    Adds a section

    Inserted: SEC. __. REAUTHORIZATION OF THE NATIONAL COMPUTER FORENSICS INSTITUTE.

    Inserted: Section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383) is amended--

    Inserted: (1) in subsection (a)--

    Inserted: (A) in the first sentence, by striking "2017 through 2022" and inserting "2023 through 2028"; and

    Inserted: (B) by striking the second sentence;

    Inserted: (2) by striking subsection (b) and inserting the following:

    Inserted: "(b) Functions.--The Institute shall provide information and training to any State, local, Tribal, or territorial law enforcement officer, prosecutor, or judge, any officer or employee of any agency in any branch of the Federal Government, any member of the uniformed services, or any State, local, Tribal, or territorial employee who might reasonably assist in the investigation and prevention of cyber and electronic crime and related threats, on--

    Inserted: "(1) cyber and electronic crimes and related threats;

    Inserted: "(2) methods for investigating cyber and electronic crime and related threats and conducting computer and mobile device forensic examinations;

    Inserted: "(3) prosecutorial and judicial challenges related to cyber and electronic crime and related threats, and computer and mobile device forensic examinations; and

    Inserted: "(4) methods to obtain, process, store, and admit digital evidence in court.";

    Inserted: (3) in subsection (c), by striking "State, local, tribal, and territorial law enforcement officers and prosecutors" and inserting "members and partners of the network of Cyber Fraud Task Forces of the United States Secret Service, and, when selecting participants for the training specified in subsection (b), the Institute shall prioritize, to the extent reasonable and practicable, State, local, tribal, and territorial law enforcement officers, prosecutors, judges, and other employees.";

    Show 16 more inserted paragraphs

    Inserted: (4) in subsection (d), by striking "State, local, tribal and territorial law enforcement officers" and inserting "the individuals listed in subsection (b)";

    Inserted: (5) in subsection (e)--

    Inserted: (A) in the subsection heading, by striking "electronic crime" and inserting "cyber fraud";

    Inserted: (B) by striking "Electronic Crime" and inserting "Cyber Fraud"; and

    Inserted: (C) by striking "State, local, tribal, and territorial"; and

    Inserted: (6) by adding at the end the following:

    Inserted: "(g) Expenses.--The Director of the United States Secret Service may pay for all or a part of the necessary expenses of the training and information provided by the Institute under subsection (b), including travel, transportation, and subsistence expenses for recipients of the information and training.

    Inserted: "(h) Annual Reports to Congress.--

    Inserted: "(1) In general.--The Secretary shall include in the annual report required under section 1116 of title 31, United States Code, information regarding the activities of the Institute, including, where possible--

    Inserted: "(A) an identification of jurisdictions with recipients of the education and training provided pursuant to subsection (b) during such year;

    Inserted: "(B) information relating to the costs associated with that education and training;

    Inserted: "(C) any information regarding projected future demand for the education and training provided pursuant to subsection (b);

    Inserted: "(D) impacts of the activities of the Institute on the capability of jurisdictions to investigate and prevent cybersecurity incidents, electronic crimes, and related cybersecurity threats;

    Inserted: "(E) a description of the nomination process for potential recipients of the information and training provided pursuant to subsection (b); and

    Inserted: "(F) any other issues determined to be relevant by the Secretary.

    Inserted: "(2) Exception.--Any information required under paragraph (1) that is submitted as part of the annual budget submitted by the President to Congress under section 1105 of title 31, United States Code, is not required to be included in the report described in paragraph (1).".

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 6305. Mr. GRASSLEY (for himself, Mrs. Feinstein, Mr. Shelby, Mr. Cornyn, Mr. Tuberville, and Ms. Hassan) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REAUTHORIZATION OF THE NATIONAL COMPUTER FORENSICS INSTITUTE.

Section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383) is amended--

(1) in subsection (a)--

(A) in the first sentence, by striking “2017 through 2022” and inserting “2023 through 2028”; and

(B) by striking the second sentence;

(2) by striking subsection (b) and inserting the following:

“(b) Functions.--The Institute shall provide information and training to any State, local, Tribal, or territorial law enforcement officer, prosecutor, or judge, any officer or employee of any agency in any branch of the Federal Government, any member of the uniformed services, or any State, local, Tribal, or territorial employee who might reasonably assist in the investigation and prevention of cyber and electronic crime and related threats, on--

“(1) cyber and electronic crimes and related threats;

“(2) methods for investigating cyber and electronic crime and related threats and conducting computer and mobile device forensic examinations;

“(3) prosecutorial and judicial challenges related to cyber and electronic crime and related threats, and computer and mobile device forensic examinations; and

“(4) methods to obtain, process, store, and admit digital evidence in court.”;

(3) in subsection (c), by striking “State, local, tribal, and territorial law enforcement officers and prosecutors” and inserting “members and partners of the network of Cyber Fraud Task Forces of the United States Secret Service, and, when selecting participants for the training specified in subsection (b), the Institute shall prioritize, to the extent reasonable and practicable, State, local, tribal, and territorial law enforcement officers, prosecutors, judges, and other employees.”;

(4) in subsection (d), by striking “State, local, tribal and territorial law enforcement officers” and inserting “the individuals listed in subsection (b)”;

(5) in subsection (e)--

(A) in the subsection heading, by striking “electronic crime” and inserting “cyber fraud”;

(B) by striking “Electronic Crime” and inserting “Cyber Fraud”; and

(C) by striking “State, local, tribal, and territorial”; and

(6) by adding at the end the following:

“(g) Expenses.--The Director of the United States Secret Service may pay for all or a part of the necessary expenses of the training and information provided by the Institute under subsection (b), including travel, transportation, and subsistence expenses for recipients of the information and training.

“(h) Annual Reports to Congress.--

“(1) In general.--The Secretary shall include in the annual report required under section 1116 of title 31, United States Code, information regarding the activities of the Institute, including, where possible--

“(A) an identification of jurisdictions with recipients of the education and training provided pursuant to subsection (b) during such year;

“(B) information relating to the costs associated with that education and training;

“(C) any information regarding projected future demand for the education and training provided pursuant to subsection (b);

“(D) impacts of the activities of the Institute on the capability of jurisdictions to investigate and prevent cybersecurity incidents, electronic crimes, and related cybersecurity threats;

“(E) a description of the nomination process for potential recipients of the information and training provided pursuant to subsection (b); and

“(F) any other issues determined to be relevant by the Secretary.

“(2) Exception.--Any information required under paragraph (1) that is submitted as part of the annual budget submitted by the President to Congress under section 1105 of title 31, United States Code, is not required to be included in the report described in paragraph (1).”.

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Senate amendment submitted

September 29, 2022