34 U.S.C. § 30101 — State grant program for training and prosecution of computer crimes
submitted 26 years ago by Pub. L. 106-572 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 648 words · no verdicts yet
This section creates State grants for computer-crime training, prevention, investigation, and prosecution. It sets eligible uses, State assurances, matching funds, appropriations, and tribal grants.
(a) In general. — If appropriated money is available, the Office of Justice Programs must make a grant to each State. The State must use it with local governments, State and local courts, other States, or combinations of them, as subsection (b) provides. (b) Use of grant money. — Grants may establish and develop programs to: (1) help State and local law-enforcement agencies enforce criminal computer-crime laws, including Internet copyright infringement; (2) help those agencies educate the public to prevent and identify computer crime, including such infringement; (3) educate and train officers and prosecutors to investigate, forensically analyze evidence, and prosecute computer crime; (4) help officers and prosecutors obtain computers and other equipment for those investigations and analyses; and (5) promote sharing Federal law-enforcement expertise and information about investigating, analyzing, and prosecuting computer crime with State and local officers and prosecutors, including through multijurisdictional task forces. (c) Assurances. — To qualify, a State must assure the Attorney General that it: (1) has laws penalizing computer crime, such as laws against (A) computer-based fraudulent schemes; (B) unlawfully damaging, destroying, altering, deleting, or removing software or data in a computer, system, program, or network; or (C) unlawfully interfering with, or denying access to, the operation of a computer, program, system, or network; (2) has assessed State and local resource needs, including criminal-justice resources used to investigate and enforce computer-crime laws; and (3) has a plan to coordinate these programs with other federally funded technical-assistance and training programs, including directly funded local programs such as the Local Law Enforcement Block Grant program described in the cited 1998 appropriations Act. (d) Matching funds. — The Federal share may not exceed 90% of program or proposal costs unless the Attorney General waives all or part of this rule. (e) Authorization. — (1) Congress may appropriate $25,000,000 for each fiscal year 2009 through 2013. (2) In any fiscal year, the Attorney General may use no more than 3% for salaries and administration. (3) Until all eligible applications from a State or its local governments are funded, the State and its non-tribal grantees must receive at least 0.75% of that year’s total grant appropriation. The United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands each must receive 0.25%. (f) Grants to Indian tribes. — Despite the rest of this section, the Attorney General may use available money to make grants to Indian tribes for the uses in this section.
Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof in accordance with subsection (b).
Grants under this section may be used to establish and develop programs to—
assist State and local law enforcement agencies in enforcing State and local criminal laws relating to computer crime, including infringement of copyrighted works over the Internet;
assist State and local law enforcement agencies in educating the public to prevent and identify computer crime, including infringement of copyrighted works over the Internet;
educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime, including infringement of copyrighted works over the Internet;
assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and
facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multijurisdictional task forces.
To be eligible to receive a grant under this section, a State shall provide assurances to the Attorney General that the State—
has in effect laws that penalize computer crime, such as criminal laws prohibiting—
fraudulent schemes executed by means of a computer system or network;
the unlawful damaging, destroying, altering, deleting, removing of computer software, or data contained in a computer, computer system, computer program, or computer network; or
the unlawful interference with the operation of or denial of access to a computer, computer program, computer system, or computer network;
an assessment of the State and local resource needs, including criminal justice resources being devoted to the investigation and enforcement of computer crime laws; and
a plan for coordinating the programs funded under this section with other federally funded technical assistant and training programs, including directly funded local programs such as the Local Law Enforcement Block Grant program (described under the heading “Violent Crime Reduction Programs, State and Local Law Enforcement Assistance” of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119)).
The Federal share of a grant received under this section may not exceed 90 percent of the costs of a program or proposal funded under this section unless the Attorney General waives, wholly or in part, the requirements of this subsection.
There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2009 through 2013.
Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and administrative expenses.
Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands each shall be allocated 0.25 percent.
Notwithstanding any other provision of this section, the Attorney General may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section.
Source credit: (Pub. L. 106–572, § 2, Dec. 28, 2000, 114 Stat. 3058; Pub. L. 110–403, title IV, § 401(a), Oct. 13, 2008, 122 Stat. 4271.)
- 2000Enacted · Pub. L. 106-572 · 114 Stat. 3058
- 2008Amended · Pub. L. 110-403 · 122 Stat. 4271
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-572 on 2000-12-28.
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