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Title 34 — Crime Control and Law Enforcement

Chapter 301 — Computer Crimes and Intellectual Property Crimes

§ 30104. Improved investigative and forensic resources for enforcement of laws related to intellectual property crimes

Statutory text

(a)

In general

Subject to the availability of appropriations to carry out this subsection, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall, with respect to crimes related to the theft of intellectual property—

(1)

ensure that there are at least 10 additional operational agents of the Federal Bureau of Investigation designated to support the Computer Crime and Intellectual Property Section of the Criminal Division of the Department of Justice in the investigation and coordination of intellectual property crimes;

(2)

ensure that any Computer Hacking and Intellectual Property Crime Unit in the Department of Justice is supported by at least 1 agent of the Federal Bureau of Investigation (in addition to any agent supporting such unit as of ) to support such unit for the purpose of investigating or prosecuting intellectual property crimes;

(3)

ensure that all Computer Hacking and Intellectual Property Crime Units located at an office of a United States Attorney are assigned at least 2 Assistant United States Attorneys responsible for investigating and prosecuting computer hacking or intellectual property crimes; and

(4)

ensure the implementation of a regular and comprehensive training program—

(A)

the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to intellectual property crimes; and

(B)

that includes relevant forensic training related to investigating and prosecuting intellectual property crimes.

(b)

Organized crime plan

Subject to the availability of appropriations to carry out this subsection, and not later than 180 days after , the Attorney General, through the United States Attorneys’ Offices, the Computer Crime and Intellectual Property section, and the Organized Crime and Racketeering section of the Department of Justice, and in consultation with the Federal Bureau of Investigation and other Federal law enforcement agencies, such as the Department of Homeland Security, shall create and implement a comprehensive, long-range plan to investigate and prosecute international organized crime syndicates engaging in or supporting crimes relating to the theft of intellectual property.

(c)

Authorization

There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2009 through 2013.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Prioritizing Resources and Organization for Intellectual Property Act of 2008

    Pub. L. 110–403 title IV § 402 · 122 Stat. 4256

    Enacted · 34 U.S.C. § 30104

    (Pub. L. 110–403, title IV, § 402, Oct. 13, 2008, 122 Stat. 4272.)

    Source evidence

    Code source credit
    (Pub. L. 110–403, title IV, § 402, Oct. 13, 2008, 122 Stat. 4272.)

    Enacted provision · exact public law section
    SEC. 402. IMPROVED INVESTIGATIVE AND FORENSIC RESOURCES FOR ENFORCEMENT OF LAWS RELATED TO INTELLECTUAL PROPERTY CRIMES. (a) In General.— Subject to the availability of appropriations to carry out this subsection, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall, with respect to crimes related to the theft of intellectual property— (1) ensure that there are at least 10 additional operational agents of the Federal Bureau of Investigation designated to support the Computer Crime and Intellectual Property Section of the Criminal Division of the Department of Justice in the investigation and coordination of intellectual property crimes; (2) ensure that any Computer Hacking and Intellectual Property Crime Unit in the Department of Justice is supported by at least 1 agent of the Federal Bureau of Investigation (in addition to any agent supporting such unit as of the date of the enactment of this Act) to support such unit for the purpose of investigating or prosecuting intellectual property crimes; (3) ensure that all Computer Hacking and Intellectual Property Crime Units located at an office of a United States Attorney are assigned at least 2 Assistant United States Attorneys responsible for investigating and prosecuting computer hacking or intellectual property crimes; and (4) ensure the implementation of a regular and comprehensive training program— (A) the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to intellectual property crimes; and (B) that includes relevant forensic training related to investigating and prosecuting intellectual property crimes. (b) Organized Crime Plan.— Subject Deadline. to the availability of appropriations to carry out this subsection, and not later than 180 days after the date of the enactment of this Act, the Attorney General, through the United States Attorneys’ Offices, the Computer Crime and Intellectual Property section, and the Organized Crime and Racketeering section of the Department of Justice, and in consultation with the Federal Bureau of Investigation and other Federal law enforcement agencies, such as the Department of Homeland Security, shall create and implement a comprehensive, long-range plan to investigate and prosecute international organized crime syndicates engaging in or supporting crimes relating to the theft of intellectual property. (c) Authorization.— There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2009 through 2013.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Codification

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

Credits

(Pub. L. 110–403, title IV, § 402, , 122 Stat. 4272.)

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