34 U.S.C. § 30101 | State grant program for training and prosecution of computer crimes

(a)

In general

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).

(b)

Use of grant amounts

Grants under this section may be used to establish and develop programs to—

(1)

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;

(2)

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;

(3)

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;

(4)

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

(5)

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.

(c)

Assurances

To be eligible to receive a grant under this section, a State shall provide assurances to the Attorney General that the State—

(1)

has in effect laws that penalize computer crime, such as criminal laws prohibiting—

(A)

fraudulent schemes executed by means of a computer system or network;

(B)

the unlawful damaging, destroying, altering, deleting, removing of computer software, or data contained in a computer, computer system, computer program, or computer network; or

(C)

the unlawful interference with the operation of or denial of access to a computer, computer program, computer system, or computer network;

(2)

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

(3)

Public Law 105–119 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 ()).

(d)

Matching funds

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.

(e)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2009 through 2013.

(2)

Limitations

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.

(3)

Minimum amount

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.

(f)

Grants to Indian tribes

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.

Pub. L. 106–572, § 2Dec. 28, 2000114 Stat. 3058 Pub. L. 110–403, title IV, § 401(a)Oct. 13, 2008122 Stat. 4271(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 105–119Nov. 26, 1997111 Stat. 2440 111 Stat. 2452The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (c)(3), is , , . Provisions under the heading “Violent Crime Reduction Programs, State and Local Law Enforcement Assistance”, , are not classified to the Code.

Codification

section 3713 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

Pub. L. 110–403, § 401(a)(1)2008—Subsec. (b)(1)–(3). , inserted “, including infringement of copyrighted works over the Internet” after “computer crime”.

Pub. L. 110–403, § 401(a)(2)Subsec. (e)(1). , substituted “2009 through 2013” for “2001 through 2004”.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 106–572 section 1 of Pub. L. 106–572 section 10101 of this titleFor short title of , which is classified to this section, as the “Computer Crime Enforcement Act”, see , set out as a Short Title of 2000 Act note under .