34 U.S.C. § 30103 — Local law enforcement grants

Page 554 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30103 1 See References in Text note below. (2) Availability Amounts appropriated pursuant to the au- thorization of appropriations in paragraph (1) shall remain available until expended. (Pub. L. 107–56, title VIII, § 816, Oct. 26, 2001, 115 Stat. 385.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 509 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. § 30103. Local law enforcement grants (a) Omitted (b) Grants The Office of Justice Programs of the Depart- ment of Justice may make grants to eligible State or local law enforcement entities, includ- ing law enforcement agencies of municipal gov- ernments and public educational institutions, for training, prevention, enforcement, and pros- ecution of intellectual property theft and in- fringement crimes (in this subsection referred to as ‘‘IP–TIC grants’’), in accordance with the fol- lowing: (1) Use of IP–TIC grant amounts IP–TIC grants may be used to establish and develop programs to do the following with re- spect to the enforcement of State and local true name and address laws and State and local criminal laws on anti-infringement, anti- counterfeiting, and unlawful acts with respect to goods by reason of their protection by a patent, trademark, service mark, trade secret, or other intellectual property right under State or Federal law: (A) Assist State and local law enforcement agencies in enforcing those laws, including by reimbursing State and local entities for expenses incurred in performing enforce- ment operations, such as overtime payments and storage fees for seized evidence. (B) Assist State and local law enforcement agencies in educating the public to prevent, deter, and identify violations of those laws. (C) Educate and train State and local law enforcement officers and prosecutors to con- duct investigations and forensic analyses of evidence and prosecutions in matters involv- ing those laws. (D) Establish task forces that include per- sonnel from State or local law enforcement entities, or both, exclusively to conduct in- vestigations and forensic analyses of evi- dence and prosecutions in matters involving those laws. (E) Assist State and local law enforcement officers and prosecutors in acquiring com- puter and other equipment to conduct inves- tigations and forensic analyses of evidence in matters involving those laws. (F) Facilitate and promote the sharing, with State and local law enforcement offi- cers and prosecutors, of the expertise and in- formation of Federal law enforcement agen- cies about the investigation, analysis, and prosecution of matters involving those laws and criminal infringement of copyrighted works, including the use of multijuris- dictional task forces. (2) Eligibility To be eligible to receive an IP–TIC grant, a State or local government entity shall provide to the Attorney General, in addition to the in- formation regularly required to be provided under the Financial Guide issued by the Office of Justice Programs and any other informa- tion required of Department of Justice’s grantees— (A) assurances that the State in which the government entity is located has in effect laws described in paragraph (1); (B) an assessment of the resource needs of the State or local government entity apply- ing for the grant, including information on the need for reimbursements of base salaries and overtime costs, storage fees, and other expenditures to improve the investigation, prevention, or enforcement of laws described in paragraph (1); and (C) a plan for coordinating the programs funded under this section with other feder- ally funded technical assistance and training programs, including directly funded local programs such as the Edward Byrne Memo- rial Justice Assistance Grant Program au- thorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).1 (3) Matching funds The Federal share of an IP–TIC grant may not exceed 50 percent of the costs of the pro- gram or proposal funded by the IP–TIC grant. (4) Authorization of appropriations (A) Authorization There is authorized to be appropriated to carry out this subsection the sum of $25,000,000 for each of fiscal years 2009 through 2013. (B) Limitation Of the amount made available to carry out this subsection in any fiscal year, not more than 3 percent may be used by the Attorney General for salaries and administrative ex- penses. (Pub. L. 110–403, title IV, § 401, Oct. 13, 2008, 122 Stat. 4271.) Editorial Notes REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (b)(2)(C), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Subpart 1 of part E of title I of the Act was classified generally to part A (§ 3750 et seq.) of subchapter V of chapter 46 of Title 42, The Pub- lic Health and Welfare, prior to editorial reclassifica- tion as part A (§ 10151 et seq.) of chapter 101 of this title. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. 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