34 U.S.C. § 30106 — Annual reports

Page 555 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30106 CODIFICATION Section is comprised of section 401 of Pub. L. 110–403. Subsec. (a) of section 401 of Pub. L. 110–403 amended section 30101 of this title. Section was formerly classified to section 3713a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 30104. Improved investigative and forensic re- sources for enforcement of laws related to in- tellectual property crimes (a) In general Subject to the availability of appropriations to carry out this subsection, the Attorney Gen- eral, in consultation with the Director of the Federal Bureau of Investigation, shall, with re- spect to crimes related to the theft of intellec- tual property— (1) ensure that there are at least 10 addi- tional operational agents of the Federal Bu- reau of Investigation designated to support the Computer Crime and Intellectual Property Section of the Criminal Division of the De- partment of Justice in the investigation and coordination of intellectual property crimes; (2) ensure that any Computer Hacking and Intellectual Property Crime Unit in the De- partment of Justice is supported by at least 1 agent of the Federal Bureau of Investigation (in addition to any agent supporting such unit as of October 13, 2008) to support such unit for the purpose of investigating or prosecuting in- tellectual property crimes; (3) ensure that all Computer Hacking and In- tellectual Property Crime Units located at an office of a United States Attorney are assigned at least 2 Assistant United States Attorneys responsible for investigating and prosecuting computer hacking or intellectual property crimes; and (4) ensure the implementation of a regular and comprehensive training program— (A) the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to intel- lectual property crimes; and (B) that includes relevant forensic training related to investigating and prosecuting in- tellectual property crimes. (b) Organized crime plan Subject to the availability of appropriations to carry out this subsection, and not later than 180 days after October 13, 2008, the Attorney General, through the United States Attorneys’ Offices, the Computer Crime and Intellectual Property section, and the Organized Crime and Racketeering section of the Department of Jus- tice, and in consultation with the Federal Bu- reau of Investigation and other Federal law en- forcement agencies, such as the Department of Homeland Security, shall create and implement a comprehensive, long-range plan to investigate and prosecute international organized crime syndicates engaging in or supporting crimes re- lating to the theft of intellectual property. (c) Authorization There are authorized to be appropriated to carry out this section $10,000,000 for each of fis- cal years 2009 through 2013. (Pub. L. 110–403, title IV, § 402, Oct. 13, 2008, 122 Stat. 4272.) Editorial Notes CODIFICATION Section was formerly classified to section 3713b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 30105. Additional funding for resources to in- vestigate and prosecute intellectual property crimes and other criminal activity involving computers (a) Additional funding for resources (1) Authorization In addition to amounts otherwise authorized for resources to investigate and prosecute in- tellectual property crimes and other criminal activity involving computers, there are au- thorized to be appropriated for each of the fis- cal years 2009 through 2013— (A) $10,000,000 to the Director of the Fed- eral Bureau of Investigation; and (B) $10,000,000 to the Attorney General for the Criminal Division of the Department of Justice. (2) Availability Any amounts appropriated under paragraph (1) shall remain available until expended. (b) Use of additional funding Funds made available under subsection (a) shall be used by the Director of the Federal Bu- reau of Investigation and the Attorney General, for the Federal Bureau of Investigation and the Criminal Division of the Department of Justice, respectively, to— (1) hire and train law enforcement officers to— (A) investigate intellectual property crimes and other crimes committed through the use of computers and other information technology, including through the use of the Internet; and (B) assist in the prosecution of such crimes; and (2) enable relevant units of the Department of Justice, including units responsible for in- vestigating computer hacking or intellectual property crimes, to procure advanced tools of forensic science and expert computer forensic assistance, including from non-governmental entities, to investigate, prosecute, and study such crimes. (Pub. L. 110–403, title IV, § 403, Oct. 13, 2008, 122 Stat. 4273.) Editorial Notes CODIFICATION Section was formerly classified to section 3713c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 30106. Annual reports (a) Report of the Attorney General Not later than 1 year after October 13, 2008, and annually thereafter, the Attorney General Page 556 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30106 shall submit a report to Congress on actions taken to carry out sections 30103 to 30106 of this title. The initial report required under this sub- section shall be submitted by May 1, 2009. All subsequent annual reports shall be submitted by May 1st of each fiscal year thereafter. The re- port required under this subsection may be sub- mitted as part of the annual performance report of the Department of Justice, and shall include the following: (1) With respect to grants issued under sec- tion 30103 of this title, the number and iden- tity of State and local law enforcement grant applicants, the number of grants issued, the dollar value of each grant, including a break down of such value showing how the recipient used the funds, the specific purpose of each grant, and the reports from recipients of the grants on the efficacy of the program sup- ported by the grant. The Department of Jus- tice shall use the information provided by the grant recipients to produce a statement for each individual grant. Such statement shall state whether each grantee has accomplished the purposes of the grant as established in sec- tion 30103(b) of this title. Those grantees not in compliance with the requirements of sec- tions 30103 to 30106 of this title shall be sub- ject, but not limited to, sanctions as described in the Financial Guide issued by the Office of Justice Programs at the Department of Jus- tice. (2) With respect to the additional agents of the Federal Bureau of Investigation author- ized under paragraphs (1) and (2) of section 30104(a) of this title, the number of investiga- tions and actions in which such agents were engaged, the type of each action, the resolu- tion of each action, and any penalties imposed in each action. (3) With respect to the training program au- thorized under section 30104(a)(4) of this title, the number of agents of the Federal Bureau of Investigation participating in such program, the elements of the training program, and the subject matters covered by the program. (4) With respect to the organized crime plan authorized under section 30104(b) of this title, the number of organized crime investigations and prosecutions resulting from such plan. (5) With respect to the authorizations under section 30105 of this title— (A) the number of law enforcement officers hired and the number trained; (B) the number and type of investigations and prosecutions resulting from the hiring and training of such law enforcement offi- cers; (C) the defendants involved in any such prosecutions; (D) any penalties imposed in each such successful prosecution; (E) the advanced tools of forensic science procured to investigate, prosecute, and study computer hacking or intellectual property crimes; and (F) the number and type of investigations and prosecutions in such tools were used. (6) Any other information that the Attorney General may consider relevant to inform Con- gress on the effective use of the resources au- thorized under sections 30103, 30104, and 30105 of this title. (7) A summary of the efforts, activities, and resources the Department of Justice has allo- cated to the enforcement, investigation, and prosecution of intellectual property crimes, including— (A) a review of the policies and efforts of the Department of Justice related to the prevention and investigation of intellectual property crimes, including efforts at the Of- fice of Justice Programs, the Criminal Divi- sion of the Department of Justice, the Exec- utive Office of United States Attorneys, the Office of the Attorney General, the Office of the Deputy Attorney General, the Office of Legal Policy, and any other agency or bu- reau of the Department of Justice whose ac- tivities relate to intellectual property; (B) a summary of the overall successes and failures of such policies and efforts; (C) a review of the investigative and pros- ecution activity of the Department of Jus- tice with respect to intellectual property crimes, including— (i) the number of investigations initiated related to such crimes; (ii) the number of arrests related to such crimes; and (iii) the number of prosecutions for such crimes, including— (I) the number of defendants involved in such prosecutions; (II) whether the prosecution resulted in a conviction; and (III) the sentence and the statutory maximum for such crime, as well as the average sentence imposed for such crime; and (D) a Department-wide assessment of the staff, financial resources, and other re- sources (such as time, technology, and train- ing) devoted to the enforcement, investiga- tion, and prosecution of intellectual prop- erty crimes, including the number of inves- tigators, prosecutors, and forensic special- ists dedicated to investigating and pros- ecuting intellectual property crimes. (8) A summary of the efforts, activities, and resources that the Department of Justice has taken to— (A) minimize duplicating the efforts, mate- rials, facilities, and procedures of any other Federal agency responsible for the enforce- ment, investigation, or prosecution of intel- lectual property crimes; and (B) enhance the efficiency and consistency with which Federal funds and resources are expended to enforce, investigate, or pros- ecute intellectual property crimes, including the extent to which the Department has uti- lized existing personnel, materials, tech- nologies, and facilities. (b) Initial report of the Attorney General The first report required to be submitted by the Attorney General under subsection (a) shall include a summary of the efforts, activities, and resources the Department of Justice has allo- cated in the 5 years prior to October 13, 2008, as Page 557 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30106 well as the 1-year period following such date, to the enforcement, investigation, and prosecution of intellectual property crimes, including— (1) a review of the policies and efforts of the Department of Justice related to the preven- tion and investigation of intellectual property crimes, including efforts at the Office of Jus- tice Programs, the Criminal Division of the Department of Justice, the Executive Office of United States Attorneys, the Office of the At- torney General, the Office of the Deputy At- torney General, the Office of Legal Policy, and any other agency or bureau of the Department of Justice whose activities relate to intellec- tual property; (2) a summary of the overall successes and failures of such policies and efforts; (3) a review of the investigative and prosecu- tion activity of the Department of Justice with respect to intellectual property crimes, including— (A) the number of investigations initiated related to such crimes; (B) the number of arrests related to such crimes; and (C) the number of prosecutions for such crimes, including— (i) the number of defendants involved in such prosecutions; (ii) whether the prosecution resulted in a conviction; and (iii) the sentence and the statutory max- imum for such crime, as well as the aver- age sentence imposed for such crime; and (4) a Department-wide assessment of the staff, financial resources, and other resources (such as time, technology, and training) de- voted to the enforcement, investigation, and prosecution of intellectual property crimes, including the number of investigators, pros- ecutors, and forensic specialists dedicated to investigating and prosecuting intellectual property crimes. (c) Report of the FBI Not later than 1 year after October 13, 2008, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit a report to Congress on actions taken to carry out sections 30103 to 30106 of this title. The initial report required under this subsection shall be submitted by May 1, 2009. All subsequent annual reports shall be submitted by May 1st of each fiscal year thereafter. The report required under this subsection may be submitted as part of the annual performance report of the Department of Justice, and shall include— (1) a review of the policies and efforts of the Bureau related to the prevention and inves- tigation of intellectual property crimes; (2) a summary of the overall successes and failures of such policies and efforts; (3) a review of the investigative and prosecu- tion activity of the Bureau with respect to in- tellectual property crimes, including— (A) the number of investigations initiated related to such crimes; (B) the number of arrests related to such crimes; and (C) the number of prosecutions for such crimes, including— (i) the number of defendants involved in such prosecutions; (ii) whether the prosecution resulted in a conviction; and (iii) the sentence and the statutory max- imum for such crime, as well as the aver- age sentence imposed for such crime; and (4) a Bureau-wide assessment of the staff, fi- nancial resources, and other resources (such as time, technology, and training) devoted to the enforcement, investigation, and prosecution of intellectual property crimes, including the number of investigators, prosecutors, and fo- rensic specialists dedicated to investigating and prosecuting intellectual property crimes. (d) Initial report of the FBI The first report required to be submitted by the Director of the Federal Bureau of Investiga- tion under subsection (c) shall include a sum- mary of the efforts, activities, and resources the Federal Bureau of Investigation has allocated in the 5 years prior to October 13, 2008, as well as the 1-year period following such date to the en- forcement, investigation, and prosecution of in- tellectual property crimes, including— (1) a review of the policies and efforts of the Bureau related to the prevention and inves- tigation of intellectual property crimes; (2) a summary of the overall successes and failures of such policies and efforts; (3) a review of the investigative and prosecu- tion activity of the Bureau with respect to in- tellectual property crimes, including— (A) the number of investigations initiated related to such crimes; (B) the number of arrests related to such crimes; and (C) the number of prosecutions for such crimes, including— (i) the number of defendants involved in such prosecutions; (ii) whether the prosecution resulted in a conviction; and (iii) the sentence and the statutory max- imum for such crime, as well as the aver- age sentence imposed for such crime; and (4) a Bureau-wide assessment of the staff, fi- nancial resources, and other resources (such as time, technology, and training) devoted to the enforcement, investigation, and prosecution of intellectual property crimes, including the number of investigators, prosecutors, and fo- rensic specialists dedicated to investigating and prosecuting intellectual property crimes. (Pub. L. 110–403, title IV, § 404, Oct. 13, 2008, 122 Stat. 4274.) Editorial Notes REFERENCES IN TEXT Sections 30103 to 30106 of this title, referred to in sub- secs. (a) and (c), was in the original ‘‘this title’’, mean- ing title IV of Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4271, which enacted sections 30103 to 30106 of this title and amended section 30101 of this title. For complete classification of title IV to the Code, see Tables. CODIFICATION Section was formerly classified to section 3713d of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Page 558 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30107 § 30107. Local law enforcement grants for en- forcement of cybercrimes (a) Definitions In this section: (1) Computer The term ‘‘computer’’ includes a computer network and an interactive electronic device. (2) Cybercrime against individuals The term ‘‘cybercrime against individ- uals’’— (A) means a criminal offense applicable in the area under the jurisdiction of the rel- evant State, Indian Tribe, or unit of local government that involves the use of a com- puter to harass, threaten, stalk, extort, co- erce, cause fear to, or intimidate an indi- vidual, or without consent distribute inti- mate images of an adult, except that use of a computer need not be an element of such an offense; and (B) does not include the use of a computer to cause harm to a commercial entity, gov- ernment agency, or non-natural person. (3) Indian tribe; State; Tribal government; unit of local government The terms ‘‘Indian Tribe’’, ‘‘State’’, ‘‘Tribal government’’, and ‘‘unit of local government’’ have the meanings given such terms in section 12291(a) of this title, as amended by this Act. (b) Authorization of grant program Subject to the availability of appropriations, the Attorney General shall award grants under this section to States, Indian Tribes, and units of local government for the prevention, enforce- ment, and prosecution of cybercrimes against individuals. (c) Application (1) In general To request a grant under this section, the chief executive officer of a State, Tribal gov- ernment, or unit of local government 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 appro- priated for a fiscal year, in such form as the Attorney General may require. (2) Contents An application submitted under paragraph (1) shall include the following: (A) A certification that Federal funds made available under this section will not be used to supplant State, Tribal, or local funds, but will be used to increase the amounts of such funds that would, in the ab- sence of Federal funds, be made available for law enforcement activities. (B) An assurance that, not later than 30 days before the application (or any amend- ment to the application) was submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the State, Tribe, or unit of local government (or to an organization designated by that governing body). (C) An assurance that, before the applica- tion (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, to neighborhood or commu- nity-based organizations, and to victim service providers, 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 finan- cial) as the Attorney General may reason- ably require. (E) A certification, made in a form accept- able to the Attorney General and executed by the chief executive officer of the appli- cant (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 coordina- tion with affected agencies; and (iv) the applicant will comply with all provisions of this section and all other ap- plicable Federal laws. (F) A certification that the State, Tribe, or in the case of a unit of local government, the State in which the unit of local govern- ment is located, has in effect criminal laws which prohibit cybercrimes against individ- uals. (G) A certification that any equipment de- scribed in subsection (d)(8) purchased using grant funds awarded under this section will be used primarily for investigations and fo- rensic analysis of evidence in matters in- volving cybercrimes against individuals. (d) Use of funds Grants awarded under this section may be used only for programs that provide— (1) training for State, Tribal, or local law en- forcement personnel relating to cybercrimes against individuals, including— (A) training such personnel to identify and protect victims of cybercrimes against indi- viduals, provided that the training is devel- oped in collaboration with victim service providers; (B) training such personnel to utilize Fed- eral, State, Tribal, local, and other re- sources 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 tech- nology to assist in the investigation of cybercrimes against individuals and enforce- ment of laws that prohibit such crimes; and (F) the payment of overtime incurred as a result of such training;