§30106 — Title 34 Navy | U.S. Code

Summary

The Attorney General must send Congress a yearly report about actions taken under sections 30103 to 30106. The first report was due within 1 year of October 13, 2008 — by May 1, 2009 — and then every May 1 after that. The report can be part of the Justice Department’s annual performance report. It must give details on grants (who applied, who got grants, dollar amounts, how the money was spent, the grant purpose, and whether the grant worked), on added FBI agents (how many cases they worked, what actions they took, how those actions ended, and any penalties), on FBI training (how many agents trained and what was taught), on the organized crime plan (how many investigations and prosecutions resulted), and on hires and tools under section 30105 (number hired and trained, investigations and prosecutions from that work, defendants and penalties, forensic tools bought, and cases using those tools). The report may also include any other information the Attorney General thinks is relevant. The first Attorney General report must also summarize DOJ work on intellectual property crimes for the five years before October 13, 2008 and the one year after, covering policies, successes and failures, counts of investigations, arrests, and prosecutions (including defendant numbers, convictions, sentences, statutory maximums, and average sentences), and a department-wide review of staff and resources devoted to these crimes. The Director of the FBI must send Congress a similar annual report on the same schedule, which can also be part of the Justice Department’s performance report. The FBI report must review the Bureau’s policies and efforts on intellectual property crimes, note successes and failures, give counts of investigations, arrests, and prosecutions (with defendant and sentencing details), and assess the FBI’s staff, money, and other resources used for these crimes. The FBI’s first report must also summarize the Bureau’s work on intellectual property crimes for the five years before October 13, 2008 and the one year after.

Title 34, §30106

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(a)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 section 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)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)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;

(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)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.

(c)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)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

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 30103 to 30106 of this title, referred to in subsecs. (a) and (c), was in the original “this title”, meaning 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 editorial reclassification and renumbering as this section.

§30106 Annual reports

Summary

Title 34, §30106

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata