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

submitted 18 years ago by Pub. L. 110-403 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 605 words · no verdicts yet

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This law creates federal grants to fight intellectual property crimes like counterfeiting. The Office of Justice Programs can give money to state and local police for training, investigations, prosecutions, and task forces on IP theft. States must show they already have IP-crime laws, and the grants were funded through 2013.

(a) Omitted. (This subsection has been left out of the published Code.) (b) Grants. The Office of Justice Programs, part of the Department of Justice, may give grants — called "IP–TIC grants" — to eligible state or local law enforcement groups, including police in cities and at public schools, for training, prevention, enforcement, and prosecution of intellectual-property theft and infringement crimes, under these rules: (1) Use of grant amounts. These grants help enforce state and local "true name and address" laws, and state and local criminal laws against infringing, counterfeiting, or otherwise misusing goods protected by a patent, trademark, service mark, trade secret, or other intellectual property right. Grants may fund programs that— (A) help state and local police enforce those laws, including reimbursing costs like overtime pay and storage fees for seized evidence; (B) help state and local police teach the public to prevent, deter, and spot violations; (C) train state and local police and prosecutors to investigate, do forensic analysis, and prosecute these cases; (D) set up task forces made only of state or local law enforcement staff to investigate, analyze, and prosecute these cases; (E) help officers and prosecutors buy computers and other equipment for these investigations; and (F) help federal law enforcement share its expertise and information about investigating, analyzing, and prosecuting these crimes — including criminal copyright infringement — with state and local police and prosecutors, including through task forces that cross jurisdictions. (2) Eligibility. To get an IP–TIC grant, a state or local government must give the Attorney General— (A) assurance that the State has the laws described in paragraph (1); (B) an assessment of what resources it needs, including money for reimbursing base salaries, overtime, storage fees, and other costs; and (C) a plan to coordinate its grant programs with other federally funded technical-assistance and training programs, including local programs funded through the Edward Byrne Memorial Justice Assistance Grant Program. (3) Matching funds. The federal government cannot pay more than 50 percent of the cost of a program funded by an IP–TIC grant. (4) Authorization of appropriations. (A) Authorization — Congress could spend up to $25,000,000 on this subsection for each of fiscal years 2009 through 2013. (B) Limitation — no more than 3 percent of that money in any year could go to the Attorney General's own salaries and administrative costs.

the actual law source: uscode.house.gov ↗public domain

(a) Omitted

(b) Grants

The Office of Justice Programs of the Department of Justice may make grants to eligible State or local law enforcement entities, including law enforcement agencies of municipal governments and public educational institutions, for training, prevention, enforcement, and prosecution of intellectual property theft and infringement crimes (in this subsection referred to as “IP–TIC grants”), in accordance with the following:

(1) Use of IP–TIC grant amounts

IP–TIC grants may be used to establish and develop programs to do the following with respect 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 enforcement 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 conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.

(D)

Establish task forces that include personnel from State or local law enforcement entities, or both, exclusively to conduct investigations and forensic analyses of evidence and prosecutions in matters involving those laws.

(E)

Assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analyses of evidence in matters involving those laws.

(F)

Facilitate and promote the 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 those laws and criminal infringement of copyrighted works, including the use of multijurisdictional 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 information regularly required to be provided under the Financial Guide issued by the Office of Justice Programs and any other information 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 applying 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 federally funded technical assistance and training programs, including directly funded local programs such as the Edward Byrne Memorial Justice Assistance Grant Program authorized 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 program 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 expenses.

Source credit: (Pub. L. 110–403, title IV, § 401, Oct. 13, 2008, 122 Stat. 4271.)

history & why it existsrecord from the source credit

2008Enacted · Pub. L. 110-403 · 122 Stat. 4271

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-403 on 2008-10-13.

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