Technology in Criminal Justice Act of 2019
This bill sets forth initiatives to improve the capacity of law enforcement to utilize digital evidence in conducting criminal justice activities.
Among other things, the bill does the following:
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5227 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5227
To establish the Office of Digital Law Enforcement within the Office of
Justice Programs, and to establish grant programs to improve the
digital evidence capacity of law enforcement personnel, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2019
Mrs. Demings (for herself, Mr. Lamb, Mr. Rutherford, and Mr. Babin)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Homeland Security,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To establish the Office of Digital Law Enforcement within the Office of
Justice Programs, and to establish grant programs to improve the
digital evidence capacity of law enforcement personnel, 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 ``Technology in Criminal Justice Act
of 2019''.
SEC. 2. OFFICE OF DIGITAL LAW ENFORCEMENT.
Part A of 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:
``SEC. 110. OFFICE OF DIGITAL LAW ENFORCEMENT.
``(a) Establishment.--There is established within the Office an
Office of Digital Law Enforcement, which shall headed by a Director
appointed by the Attorney General. In carrying out the functions of the
Office of Digital Law Enforcement, the Director shall be subject to the
authority, direction, and control of the Attorney General. Such
authority, direction, and control may be delegated only to the
Assistant Attorney General.
``(b) Purpose.--The purpose of the Office of Digital Law
Enforcement shall be to support Federal, State, and local law
enforcement in training, preparing, and supporting criminal justice
personnel in the conduct of criminal justice activities utilizing
digital evidence.
``(c) Grants.--
``(1) In general.--In carrying out the purpose described
under subsection (b), the Director may make grants to eligible
recipients.
``(2) Uses.--Grants awarded under this subsection shall be
used to support the provision of training, education, and
technical assistance to criminal justice personnel for the
purpose of improving the digital evidence capacity (as such
term is defined in section 7 of the Technology in Criminal
Justice Act of 2019) of law enforcement personnel (as such term
is defined in section 7 of the Technology in Criminal Justice
Act of 2019).
``(3) Distribution.--In making grants under this
subsection, the Director shall ensure that, to the extent
practicable, distribution of such grants ensures equitable
access to relevant training, education, and technical
assistance across geographic areas and across urban and rural
areas of varying population and area.
``(4) Eligible recipients.--The Director may award grants
under this subsection to the following eligible recipients:
``(A) The National Domestic Communications
Assistance Center (NDCAC).
``(B) The National Computer Forensics Institute
(NCFI).
``(C) The Law Enforcement Cyber Center.
``(D) The National White Collar Crime Center
(NW3C).
``(E) The National Cyber-Forensics and Training
Alliance (NCFTA).
``(F) Regional Computer Forensics Laboratories.
``(G) Such other entities as the Director deems
appropriate.
``(d) Standardization of Training Curricula.--The Director shall--
``(1) on an ongoing basis, review curricula used for
training and education programs supported by grants under
subsection (c);
``(2) identify opportunities for standardization of such
curricula; and
``(3) in awarding grants under subsection (c), establish
requirements or processes, as appropriate, to promote
standardization of such curricula.
``(e) Best Practices.--The Director shall--
``(1) identify best practices relevant to digital evidence
capacity; and
``(2) develop mechanisms to inform Federal, State, and
local criminal justice personnel of such best practices and
promote their adoption.
``(f) Data on Law Enforcement Access to Digital Evidence.--The
Director shall--
``(1) maintain data relevant to digital evidence capacity,
including challenges to accessing and utilizing digital
evidence and digital forensic laboratory backlogs; and
``(2) no later than January 31 of each calendar year,
submit to Congress a report summarizing data collected under
paragraph (f)(1) of this section during the preceding calendar
year and identifying key trends, gaps, and challenges
associated with the data. The report shall be submitted in
unclassified format.''.
SEC. 3. REVIEW OF FEDERAL SUPPORT FOR DIGITAL LAW ENFORCEMENT TRAINING
AND ASSISTANCE.
(a) Review Required.--The Attorney General and the Secretary of
Homeland Security shall jointly conduct a review of existing United
States Government programs that provide training, education, and
technical assistance to criminal justice personnel for the purpose of
improving digital evidence capacity.
(b) Elements of Review.--The review required under subsection (a)
shall examine the following matters:
(1) Identification of existing programs that provide
training, education, and technical assistance to criminal
justice personnel, and the sources and amounts of U.S.
Government funding supporting such programs, for the purpose of
improving the digital evidence capacity of law enforcement
personnel.
(2) Examination of the purposes, organizational models,
target audiences, and effectiveness of these programs.
(3) Identification of gaps in these programs, and
assessment of whether these programs are sufficient to meet the
needs of Federal, State, and local criminal justice personnel.
(4) Recommendations for opportunities, if any, to improve
these programs in order to achieve greater efficiency,
coherence, or effectiveness in the delivery of such training,
education, and technical assistance, including through
expansion, consolidation, or reorganization.
(c) Report to Congress.--Upon completion of the review required in
subsection (a), and not later than 360 days after the enactment of this
Act, the Attorney General and the Secretary of Homeland Security shall
submit to Congress a joint report summarizing the conclusions of the
review and providing any recommendations to Congress for legislative
action.
SEC. 4. CENTER OF EXCELLENCE FOR DIGITAL FORENSICS.
(a) Designation.--Not later than 360 days after the enactment of
this Act, the Attorney General, in consultation with the Secretary of
Homeland Security, shall designate an entity of the Federal Government
as the Center of Excellence for Digital Forensics (hereafter, the
``Center'').
(b) Mission.--The Center shall be a clearinghouse for training,
technical expertise, and legal assistance relating to accessing digital
evidence in support of criminal investigations, including by--
(1) serving as a central repository of knowledge and
expertise regarding common types of data relevant to law
enforcement investigations, common technical systems for
storing and transmitting such data, formulation of lawful
requests for such data, and procedures for submitting such
requests;
(2) building and maintaining a library of analytic and
forensic tools, along with technical expertise on the use of
such tools, to be available to support Federal, State, and
local law enforcement investigations;
(3) developing and maintaining technical support tools to
facilitate, standardize, and authenticate law enforcement
requests for digital evidence;
(4) providing training to Federal, State, and local law
enforcement organizations on procedures and techniques for the
acquisition, exploitation, preservation, and utilization of
digital evidence, as well as the protection of privacy and
civil liberties in the course of investigations and
prosecutions involving digital evidence;
(5) producing and maintaining up-to-date training materials
and curricula to support training of Federal, State, and local
law enforcement organizations relating to digital evidence
capacity by other training providers;
(6) coordinating with international, Federal, and State
training programs, as well as relevant non-governmental
stakeholders, to leverage and coordinate existing resources for
training, technical assistance tools, and informative materials
on procedures and techniques relating to digital evidence
capacity; and
(7) providing a hotline available for law enforcement
officials seeking advice about or assistance relating to
digital evidence capacity.
(c) Coordination With Existing Training Providers.--The designation
required by subsection (a) shall be informed by the results of the
review conducted under section 3.
(d) Termination or Modification of Designation.--The Attorney
General may terminate or modify the designation under subsection (a) if
the Attorney General, in consultation with the Secretary of Homeland
Security, determines that the Center is no longer capable of achieving
the missions specified in subsection (b) and designates a separate
entity of the Federal Government to serve as the Center. Not later than
60 days before the effective date of such a termination, the Secretary
shall provide written notice to Congress, including the rationale for
such termination.
SEC. 5. FEDERAL GOVERNMENT LAW ENFORCEMENT TECHNOLOGY SUPPORT TO STATE
AND LOCAL LAW ENFORCEMENT.
(a) Program.--The Attorney General and the Secretary of Homeland
Security shall jointly establish a Law Enforcement Technology Support
to State and Local Law Enforcement program under the direction of the
Director of the Office of Digital Law Enforcement.
(b) Development.--Under the program established in subsection (a),
the Attorney General and the Secretary shall jointly develop guidelines
and processes, as appropriate, to authorize the use of funds made
available to grantees under the following programs for purposes of
acquiring technology to improve the digital evidence capacity of law
enforcement personnel:
(1) The Edward Byrne Memorial Justice Assistance Grant
program.
(2) The Urban Area Security Initiative.
(3) The State Homeland Security Grant Program.
(c) Dissemination of Acquisition Guidance.--Through the program
established in subsection (a), the Attorney General and the Secretary
shall develop guidance on acquisition of law enforcement technologies
that support digital evidence capacity, and regularly disseminate such
guidance to State and local law enforcement organizations. Such
guidance shall identify and encourage adoption of effective law
enforcement technologies useful across different technological
platforms and formats.
(d) Public-Private Partnerships.--Subject to the availability of
resources, the Attorney General and the Secretary shall, under the
program established in subsection (a), enter into partnerships with
public or private entities to improve the access of Federal, State, and
local law enforcement personnel to law enforcement technologies that
support digital evidence capacity. Such partnerships may--
(1) develop collaborative approaches to developing new
investigative tools;
(2) promote the exchange of technical experts between the
technology and law enforcement communities;
(3) build public access data sets that may aid law
enforcement investigations;
(4) exchange information on technical approaches relating
to digital evidence capacity, consistent with relevant laws and
policies;
(5) develop training modules and content to support
training of criminal justice personnel on relevant topics
relating to digital evidence capacity; and
(6) address other such matters as the Attorney General and
the Secretary deem appropriate.
SEC. 6. DEPARTMENT OF JUSTICE TECHNOLOGY POLICY ADVISORY BOARD.
(a) Establishment.--There is established a Department of Justice
Technology Policy Advisory Board (hereinafter in this section referred
to as the ``Board''), which shall be composed of 11 members appointed
in accordance with subsection (c) and shall conduct its business in
accordance with this chapter.
(b) Purpose.--The purpose of the Board shall be to--
(1) foster sustained dialogue between the technology and
law enforcement communities on policy issues of mutual concern;
and
(2) advise the Attorney General on--
(A) relevant developments in technologies relating
to law enforcement, forensics, communications, and
cybersecurity, and their implications for the
Department of Justice;
(B) strategies and technical approaches for
improving digital evidence capacity;
(C) strategies and technical approaches for
improving law enforcement activities relating to the
prevention, investigation, and prosecution of cyber
crime; and
(D) such other matters as requested by the Attorney
General.
(c) Members.--
(1) Members.--The members of the Board shall be senior non-
government leaders with knowledge or expertise, whether by
experience or training, in the fields of technology,
communications, computer science, cybersecurity, digital
forensics, law enforcement, relevant laws relating to digital
searches and the use of digital evidence, and related fields,
who shall be appointed by the Attorney General.
(2) Term.--The term of a Board member shall be 4 years.
(3) Vacancies.--Any vacancy in the membership of the Board
shall not affect the powers of the Board and shall be filled in
the same manner as the original appointment.
(4) Chairman.--The Members of the Board shall elect one
member to serve as Chairman of the Board.
(d) Compensation and Expenses.--
(1) Compensation.--A Member of the Board shall receive no
compensation for the member's services as such.
(2) Expenses.--A member of the Board shall be allowed
necessary travel expenses (or in the alternative, mileage for
use of a privately owned vehicle and a per diem in lieu of
subsistence not to exceed the rate and amount prescribed in
sections 5702 and 5704 of title 5, United States Code), and
other necessary expenses incurred by the member in the
performance of duties vested in the Panel, without regard to
the provisions of subchapter I of chapter 57 of title 5, United
States Code, the Standardized Government Travel Regulations, or
section 5731 of title 5, United States Code.
(e) Support.--The Attorney General shall provide support for the
performance of the Board's functions and shall ensure compliance with
the requirements of the Federal Advisory Committee Act of 1972 (5
U.S.C., Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C.
552b), governing Federal statutes and regulations, and Department of
Justice policies and procedures.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Digital evidence capacity.--The term ``digital evidence
capacity'' shall include, in investigations and prosecutions
involving digital evidence, the capacity, or activities
supporting the capacity, to--
(A) acquire digital evidence in accordance with
current surveillance, civil rights, and criminal
justice laws;
(B) ensure digital evidence acquisition
activities--
(i) minimize the acquisition of digital
information not necessary to an investigation,
including the acquisition of information
pertaining to non-targeted persons;
(ii) are conducted in accordance with
proper legal processes such as warrants, court
orders, and notice when required; and
(iii) favor less intrusive investigative
techniques when they would suffice;
(C) handle and preserve digital evidence
appropriately, including by ensuring--
(i) the integrity of the evidentiary chain
of custody;
(ii) preventing inadvertent corruption or
destruction of the evidence; and
(iii) promoting the prompt return of seized
digital devices and the prompt return or
destruction of seized digital information not
used in prosecution of the crime for which it
was acquired;
(D) extract, analyze, and exploit digital evidence;
(E) ensure the appropriate use of digital evidence,
including by limiting the repurposing of seized digital
information;
(F) use digital evidence in criminal legal
proceedings; and
(G) ensure appropriate protections relating to
privacy and security are applied to activities
involving the acquisition, preservation, analysis and
exploitation, and use of digital information.
(2) Criminal justice personnel.--The term ``criminal
justice personnel'' shall mean employees of any unit of
Federal, State, or local government who have responsibilities
pertaining to criminal justice, as defined by section (a)(1) of
title 34, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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