Cybercrime Enforcement Training Assistance Act of 2016
This bill directs the Department of Justice (DOJ) to award grants to state and local governments to prevent, enforce, and prosecute cybercrimes against individuals. A cybercrime against an individual is a criminal offense that involves use of a computer, including a computer network or interactive electronic device, to harm an individual.
DOJ must also award a grant to a nonprofit private cybercrime organization to establish and maintain the National Resource Center on Cybercrimes Against Individuals. It must provide technical assistance and training resources, maintain a resource library, and conduct research to improve the capacity of governments, communities, and individuals to prevent, enforce, and prosecute cybercrimes against individuals.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4740 Introduced in House (IH)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cybercrime Enforcement Training
Assistance Act of 2016''.
SEC. 2. LOCAL LAW ENFORCEMENT GRANTS.
(a) In General.--Subject to the availability of appropriations, the
Attorney General shall award grants under this section to States and
units of local government for the prevention, enforcement, and
prosecution of cybercrimes against individuals.
(b) Application.--
(1) In general.--To request a grant under this section, the
chief executive officer of a State or unit of local government
shall submit an application to the Attorney General within 90
days after the date on which funds to carry out this section
are appropriated for a fiscal year, in such form as the
Attorney General may require. Such application shall include
the following:
(A) A certification that Federal funds made
available under this section will not be used to
supplant State or local funds, but will be used to
increase the amounts of such funds that would, in the
absence of Federal funds, be made available for law
enforcement activities.
(B) An assurance that, not fewer than 30 days
before the application (or any amendment to the
application) was submitted to the Attorney General, the
application (or amendment) was submitted for review to
the governing body of the State or unit of local
government (or to an organization designated by that
governing body).
(C) An assurance that, before the application (or
any amendment to the application) was submitted to the
Attorney General--
(i) the application (or amendment) was made
public; and
(ii) an opportunity to comment on the
application (or amendment) was provided to
citizens and to neighborhood or community-based
organizations, to the extent applicable law or
established procedure makes such an opportunity
available.
(D) An assurance that, for each fiscal year covered
by an application, the applicant shall maintain and
report such data, records, and information
(programmatic and financial) as the Attorney General
may reasonably require.
(E) A certification, made in a form acceptable to
the Attorney General and executed by the chief
executive officer of the applicant (or by another
officer of the applicant, if qualified under
regulations promulgated by the Attorney General),
that--
(i) the programs to be funded by the grant
meet all the requirements of this section;
(ii) all the information contained in the
application is correct;
(iii) there has been appropriate
coordination with affected agencies; and
(iv) the applicant will comply with all
provisions of this section and all other
applicable Federal laws.
(F) A certification that the State or in the case
of a unit of local government, the State in which the
unit of local government is located, has in effect
criminal laws which prohibit cybercrimes against
individuals.
(G) A certification that any equipment described in
subsection (c)(7) purchased using grant funds awarded
under this section will be used primarily for
investigations and forensic analysis of evidence in
matters involving cybercrimes against individuals.
(c) Use of Funds.--Grants awarded under this section may only be
used for programs that provide--
(1) training for State or local law enforcement personnel
relating to cybercrimes against individuals, including--
(A) training such personnel to identify and protect
victims of cybercrimes against individuals;
(B) training such personnel to utilize Federal,
State, local, and other resources to assist victims of
cybercrimes against individuals;
(C) training such personnel to identify and
investigate cybercrimes against individuals;
(D) training such personnel to enforce and utilize
the laws that prohibit cybercrimes against individuals;
(E) training such personnel to utilize technology
to assist in the investigation of cybercrimes against
individuals and enforcement of laws that prohibit such
crimes; and
(F) the payment of overtime incurred as a result of
such training;
(2) training for State or local prosecutors, judges, and
judicial personnel, relating to cybercrimes against
individuals, including--
(A) training such personnel to identify,
investigate, prosecute, or adjudicate cybercrimes
against individuals;
(B) training such personnel to utilize laws that
prohibit cybercrimes against individuals;
(C) training such personnel to utilize Federal,
State, local, and other resources to assist victims of
cybercrimes against individuals; and
(D) training such personnel to utilize technology
to assist in the prosecution or adjudication of acts of
cybercrimes against individuals, including the use of
technology to protect victims of such crimes;
(3) training for State or local emergency dispatch
personnel relating to cybercrimes against individuals,
including--
(A) training such personnel to identify and protect
victims of cybercrimes against individuals;
(B) training such personnel to utilize Federal,
State, local, and other resources to assist victims of
cybercrimes against individuals;
(C) training such personnel to utilize technology
to assist in the identification of and response to
cybercrimes against individuals; and
(D) the payment of overtime incurred as a result of
such training;
(4) assistance to State or local law enforcement agencies
in enforcing laws that prohibit cybercrimes against
individuals, including expenses incurred in performing
enforcement operations, such as overtime payments;
(5) assistance to State or local law enforcement agencies
in educating the public in order to prevent, deter, and
identify violations of laws that prohibit cybercrimes against
individuals;
(6) assistance to State or local law enforcement agencies
to establish task forces that operate solely to conduct
investigations, forensic analyses of evidence, and prosecutions
in matters involving cybercrimes against individuals;
(7) assistance to State or local law enforcement and
prosecutors in acquiring computers, computer equipment, and
other equipment necessary to conduct investigations and
forensic analysis of evidence in matters involving cybercrimes
against individuals, including expenses incurred in the
training, maintenance, or acquisition of technical updates
necessary for the use of such equipment for the duration of a
reasonable period of use of such equipment;
(8) assistance in the facilitation and promotion of
sharing, with State and local law enforcement officers and
prosecutors, of the expertise and information of Federal law
enforcement agencies about the investigation, analysis, and
prosecution of matters involving laws that prohibit cybercrimes
against individuals, including the use of multijurisdictional
task forces; or
(9) assistance to State and local law enforcement and
prosecutors in processing interstate extradition requests for
violations of laws involving cybercrimes against individuals,
including expenses incurred in the extradition of an offender
from one State to another.
(d) Report to the Secretary.--On the date that is one year after
the date on which a State or unit of local government receives a grant
under this section, and annually thereafter, the chief executive of
such State or unit of local government shall submit to the Attorney
General a report which contains--
(1) a summary of the activities carried out during the
previous year with any grant received by such State or unit of
local government;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(e) Report to Congress.--Not later than November 1 of each even-
numbered fiscal year, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in the report submitted under
subsection (d).
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $20,000,000 for each of fiscal years
2017 through 2021.
(2) Limitation.--Of the amount made available under
paragraph (1) in any fiscal year, not more than 5 percent may
be used for evaluation, monitoring, technical assistance,
salaries, and administrative expenses.
(g) Definitions.--In this section:
(1) The term ``cybercrimes against individuals'' means the
criminal offenses applicable in the relevant State or unit of
local government that involve the use of a computer to cause
personal harm to an individual, such as the use of a computer
to harass, threaten, stalk, extort, coerce, cause fear,
intimidate, without consent distribute intimate images of, or
violate the privacy of, an individual, except that--
(A) use of a computer need not be an element of
such an offense; and
(B) such term does not include the use of a
computer to cause harm to a commercial entity,
government agency, or any non-natural persons.
(2) The term ``computer'' includes a computer network and
an interactive electronic device.
SEC. 3. NATIONAL RESOURCE CENTER GRANT.
(a) In General.--Subject to the availability of appropriations, the
Attorney General shall award a grant under this section to an eligible
entity for the purpose of the establishment and maintenance of a
National Resource Center on Cybercrimes Against Individuals to provide
resource information, training, and technical assistance to improve the
capacity of individuals, organizations, governmental entities, and
communities to prevent, enforce, and prosecute cybercrimes against
individuals.
(b) Application.--To request a grant under this section, an
eligible entity shall submit an application to the Attorney General not
later than 90 days after the date on which funds to carry out this
section are appropriated for fiscal year 2017 in such form as the
Attorney General may require. Such application shall include the
following:
(1) An assurance that, for each fiscal year covered by an
application, the applicant shall maintain and report such data,
records, and information (programmatic and financial) as the
Attorney General may reasonably require.
(2) A certification, made in a form acceptable to the
Attorney General, that--
(A) the programs funded by the grant meet all the
requirements of this section;
(B) all the information contained in the
application is correct; and
(C) the applicant will comply with all provisions
of this section and all other applicable Federal laws.
(c) Use of Funds.--The eligible entity awarded a grant under this
section shall use such amounts for the establishment and maintenance of
a National Resource Center on Cybercrimes Against Individuals, which
shall--
(1) offer a comprehensive array of technical assistance and
training resources to Federal, State, and local governmental
agencies, community-based organizations, and other
professionals and interested parties, related to cybercrimes
against individuals, including programs and research related to
victims;
(2) maintain a resource library which shall collect,
prepare, analyze, and disseminate information and statistics
related to--
(A) the incidence of cybercrimes against
individuals;
(B) the enforcement, and prosecution of laws
relating to cybercrimes against individuals; and
(C) the provision of supportive services and
resources for victims of cybercrimes against
individuals; and
(3) conduct research related to--
(A) the causes of cybercrimes against individuals;
(B) the effect of cybercrimes against individuals
on victims of such crimes; and
(C) model solutions to prevent or deter cybercrimes
against individuals or to enforce the laws relating to
cybercrimes against individuals.
(d) Duration of Grant.--
(1) In general.--The grant awarded under this section shall
be awarded for a period of 5 years.
(2) Renewal.--A grant under this section may be renewed for
additional 5-year periods if the Attorney General determines
that the funds made available to the recipient were used in a
manner described in subsection (c), and if the recipient
resubmits an application described in subsection (b) in such
form, and at such time as the Attorney General may reasonably
require.
(e) Subgrants.--The eligible entity awarded a grant under this
section may make subgrants to other nonprofit private organizations
with relevant subject matter expertise in order to establish and
maintain the National Resource Center on Cybercrimes Against
Individuals in accordance with subsection (c).
(f) Report to the Secretary.--On the date that is one year after
the date on which an eligible entity receives a grant under this
section, and annually thereafter for the duration of the grant period,
the entity shall submit to the Attorney General a report which
contains--
(1) a summary of the activities carried out under the grant
program during the previous year;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(g) Report to Congress.--Not later than November 1 of each even-
numbered fiscal year, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in the report submitted under
subsection (d).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2017 through 2021.
(i) Definitions.--In this section:
(1) Cybercrimes against individuals.--The term
``cybercrimes against individuals'' has the meaning given such
term in section 2(g).
(2) Eligible entity.--The term ``eligible entity'' means a
nonprofit private organization that focuses on cybercrimes
against individuals and that--
(A) provides documentation to the Attorney General
demonstrating experience working directly on issues of
cybercrimes against individuals; and
(B) includes on the entity's advisory board
representatives who have a documented history of
working directly on issues of cybercrimes against
individuals and who are geographically and culturally
diverse.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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