34 U.S.C. § 30106 — Annual reports

submitted 18 years ago by Pub. L. 110-403 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 1,650 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law makes the Justice Department and FBI report yearly on anti-crime programs. Each must tell Congress how grant money and agents fought organized crime and intellectual-property crimes. The first reports also had to cover the five years before the law passed.

(a) Report of the Attorney General. Starting one year after October 13, 2008, and every year after that, the Attorney General must send Congress a report on how sections 30103 through 30106 have been carried out. The first report was due by May 1, 2009, and every later report is due each May 1. This report can be folded into the Justice Department's regular annual performance report. It must cover:

(1) Grants issued under section 30103 — who applied for them among state and local law enforcement, how many grants were given, each grant's dollar amount and how the recipient used the money, each grant's specific purpose, and recipients' reports on how well their program worked. The Department must use those recipient reports to state, for each individual grant, whether the grantee met the goals set out in section 30103(b). Grantees who don't comply with the requirements of sections 30103 through 30106 face sanctions described in the Justice Department's Financial Guide.

(2) The extra FBI agents authorized under section 30104(a)(1) and (2) — how many investigations and actions those agents worked, what kind of action each was, how each was resolved, and any penalties that resulted.

(3) The training program authorized under section 30104(a)(4) — how many FBI agents took part, what elements the training covered, and what subjects it addressed.

(4) The organized-crime plan authorized under section 30104(b) — how many organized-crime investigations and prosecutions came out of that plan.

(5) The funding authorized under section 30105 — how many law-enforcement officers were hired and trained; how many investigations and prosecutions resulted from that hiring and training; who the defendants in those prosecutions were; any penalties imposed in successful prosecutions; what advanced forensic-science tools were bought; and how often and in what type of investigations and prosecutions those tools were used.

(6) Any other information the Attorney General thinks is relevant to show Congress how effectively the resources authorized under sections 30103, 30104, and 30105 were used.

(7) A summary of the Department's overall intellectual-property-crime enforcement effort, including a review of relevant offices' policies and efforts (including the Office of Justice Programs, the Criminal Division, U.S. Attorneys' offices, and other Department units), a summary of what succeeded and what failed, investigation and prosecution numbers (how many investigations started, how many arrests, and how many prosecutions — including the number of defendants, how many prosecutions led to convictions, and the sentences imposed compared to the statutory maximum and the average sentence), and a department-wide count of staff and other resources (time, technology, training) devoted to this work, including how many investigators, prosecutors, and forensic specialists were assigned to it.

(8) A summary of what the Department has done to avoid duplicating other federal agencies' intellectual-property-crime work, and to spend federal money and resources on that work more efficiently and consistently, including how much it reused existing staff, materials, technology, and facilities.

(b) Initial report of the Attorney General. The Attorney General's very first report must also cover the five years before October 13, 2008, plus the year after that date, using the same categories listed in paragraphs (1) through (4) of subsection (a)(7).

(c) Report of the FBI. The Director of the FBI has the same yearly reporting duty as the Attorney General under subsection (a) — the same deadlines, and the same option to include it in the Department's annual performance report — but the required content is shorter: a review of the Bureau's intellectual-property-crime prevention and investigation policies; a summary of what worked and what didn't; investigation and prosecution numbers (investigations started, arrests, prosecutions, defendants, convictions, and sentences compared to the statutory maximum and average); and a bureau-wide count of staff and resources devoted to this work.

(d) Initial report of the FBI. Like the Attorney General's first report, the FBI's first report must also cover the five years before October 13, 2008, plus the following year, using the same four categories listed in subsection (c).

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

(a) Report of the Attorney General

Not later than 1 year after October 13, 2008, and annually thereafter, the Attorney General 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 the following:

(1)

With respect to grants issued under section 30103 of this title, the number and identity 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 supported by the grant. The Department of Justice 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 section 30103(b) of this title. Those grantees not in compliance with the requirements of sections 30103 to 30106 of this title shall be subject, but not limited to, sanctions as described in the Financial Guide issued by the Office of Justice Programs at the Department of Justice.

(2)

With respect to the additional agents of the Federal Bureau of Investigation authorized under paragraphs (1) and (2) of section 30104(a) of this title, the number of investigations and actions in which such agents were engaged, the type of each action, the resolution of each action, and any penalties imposed in each action.

(3)

With respect to the training program authorized 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 officers;

(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 Congress on the effective use of the resources authorized under sections 30103, 30104, and 30105 of this title.

(7)

A summary of the efforts, activities, and resources the Department of Justice has allocated 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 Office of Justice Programs, the Criminal Division of the Department of Justice, the Executive 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 bureau of the Department of Justice whose activities 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 prosecution activity of the Department of Justice 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 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 forensic specialists dedicated to investigating and prosecuting 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, materials, facilities, and procedures of any other Federal agency responsible for the enforcement, investigation, or prosecution of intellectual property crimes; and

(B)

enhance the efficiency and consistency with which Federal funds and resources are expended to enforce, investigate, or prosecute intellectual property crimes, including the extent to which the Department has utilized existing personnel, materials, technologies, 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 allocated in the 5 years prior to October 13, 2008, as well as the 1-year period following such date, to the enforcement, investigation, and prosecution of intellectual property crimes, including—

(1)

(2)

a summary of the overall successes and failures of such policies and efforts;

(3)

a review of the investigative and prosecution 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 maximum for such crime, as well as the average sentence imposed for such crime; and

(4)

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 investigation 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 prosecution activity of the Bureau 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 maximum for such crime, as well as the average sentence imposed for such crime; and

(4)

a Bureau-wide assessment of the staff, financial 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 forensic 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 Investigation under subsection (c) shall include a summary 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 enforcement, investigation, and prosecution of intellectual property crimes, including—

(1)

a review of the policies and efforts of the Bureau related to the prevention and investigation 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 prosecution activity of the Bureau 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 maximum for such crime, as well as the average sentence imposed for such crime; and

(4)

Source credit: (Pub. L. 110–403, title IV, § 404, Oct. 13, 2008, 122 Stat. 4274.)

history & why it existsrecord from the source credit

2008Enacted · Pub. L. 110-403 · 122 Stat. 4274

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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