[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1759 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 1759

To establish guidelines and incentives for States to establish arsonist 
registries and to require the Attorney General to establish a national 
  arsonist registry and notification program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2007

 Mrs. Bono (for herself and Mr. Schiff) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To establish guidelines and incentives for States to establish arsonist 
registries and to require the Attorney General to establish a national 
  arsonist registry and notification program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Managing Arson Through Criminal 
History (MATCH) Act of 2007''.

SEC. 2. ARSONIST REGISTRATION AND NOTIFICATION PROGRAM.

     (a) Registry Requirements for Jurisdictions.--
            (1) Jurisdiction to maintain a registry.--Each jurisdiction 
        shall establish and maintain a jurisdiction-wide arsonist 
        registry conforming to the requirements of this section.
            (2) Guidelines and regulations.--The Attorney General shall 
        issue guidelines and regulations to interpret and implement 
        this section.
    (b) Registry Requirements for Criminal Arsonists.--
            (1) In general.--A criminal arsonist shall register, and 
        shall keep the registration current, in each jurisdiction where 
        the arsonist resides, where the arsonist is an employee, and 
        where the arsonist is a student. For initial registration 
        purposes only, a criminal arsonist shall also register in the 
        jurisdiction in which convicted if such jurisdiction is 
        different from the jurisdiction of residence.
            (2) Initial registration.--The criminal arsonist shall 
        initially register--
                    (A) before completing a sentence of imprisonment 
                with respect to the offense giving rise to the 
                registration requirement; or
                    (B) not later than three business days after being 
                sentenced for that offense, if the criminal arsonist is 
                not sentenced to a term of imprisonment.
            (3) Keeping the registration current.--A criminal arsonist 
        shall, not later than three business days after each change of 
        name, residence, employment, or student status, appear in 
        person in at least one jurisdiction involved pursuant to 
        paragraph (1) and inform that jurisdiction of all changes in 
        the information required for that arsonist in the arsonist 
        registry involved. That jurisdiction shall immediately provide 
        the revised information to all other jurisdictions in which the 
        arsonist is required to register.
            (4) Initial registration of criminal arsonists unable to 
        comply with paragraph (2).--The Attorney General shall have the 
        authority to specify the applicability of the requirements of 
        this section to criminal arsonists convicted before the date of 
        the enactment of this Act or its implementation in a particular 
        jurisdiction, and to prescribe rules for the registration of 
        any such criminal arsonists and other categories of criminal 
        arsonists who are unable to comply with paragraph (2).
            (5) State penalty for failure to comply.--Each 
        jurisdiction, other than a Federally recognized Indian tribe, 
        shall provide a criminal penalty that includes a maximum term 
        of imprisonment that is greater than one year for the failure 
        of a criminal arsonist to comply with the requirements of this 
        section.
            (6) Limited authority to exempt certain criminal arsonists 
        from registry requirements.--A jurisdiction shall have the 
        authority to exempt a criminal arsonist who has been convicted 
        of the offense of arson in violation of the laws of the 
        jurisdiction in which the offense was committed or the United 
        States for the first time from the registration requirements 
        under this section in exchange for such arsonist's substantial 
        assistance in the investigation or prosecution of another 
        person who has committed an offense. The jurisdiction shall 
        revoke any such exemption and order the arsonist to comply with 
        the registration requirements of this section immediately upon 
        cessation of active cooperation with the jurisdiction relating 
        to such investigation or prosecution. The Attorney General 
        shall assure that any regulations promulgated under this 
        section include guidelines that reflect the general 
        appropriateness of exempting such an arsonist from the 
        registration requirements under this section.
    (c) Information Required in Registration.--
            (1) Provided by the arsonist.--A criminal arsonist shall 
        provide the following information to the appropriate official 
        for inclusion in the arsonist registry of a jurisdiction in 
        which such arsonist is required to register:
                    (A) The name of the arsonist (including any alias 
                used by the arsonist).
                    (B) The Social Security number of the arsonist.
                    (C) The address of each residence at which the 
                arsonist resides or will reside.
                    (D) The name and address of any place where the 
                arsonist is an employee or will be an employee.
                    (E) The name and address of any place where the 
                arsonist is a student or will be a student.
                    (F) The license plate number and a description of 
                any vehicle owned or operated by the arsonist.
                    (G) Any other information required by the Attorney 
                General.
            (2) Provided by the jurisdiction.--The jurisdiction in 
        which a criminal arsonist registers shall ensure that the 
        following information is included in the registry for such 
        arsonist:
                    (A) A physical description of the arsonist.
                    (B) The text of the provision of law defining the 
                criminal offense for which the arsonist is registered.
                    (C) The criminal history of the arsonist, including 
                the date of all arrests and convictions; the status of 
                parole, probation, or supervised release; registration 
                status; and the existence of any outstanding arrest 
                warrants for the arsonist.
                    (D) A current photograph of the arsonist.
                    (E) A set of fingerprints and palm prints of the 
                arsonist.
                    (F) A photocopy of a valid driver's license or 
                identification card issued to the arsonist by a 
                jurisdiction.
                    (G) Any other information required by the Attorney 
                General.
    (d) Duration of Registration Requirement.--A criminal arsonist 
shall keep the registration information provided under subsection (c) 
current for the full registration period (excluding any time the 
arsonist is in custody or civilly committed). For purposes of this 
subsection, the full registration period--
            (1) shall commence on the later of the date on which the 
        arsonist is convicted of an offense of arson in violation of 
        the laws of the jurisdiction in which the offense was committed 
        or the United States, the date on which the arsonist is 
        released from prison for such conviction, or the date on which 
        such arsonist is placed on parole, supervised release, or 
        probation for such conviction; and
            (2) shall be--
                    (A) five years for an arsonist who has been 
                convicted of such an offense for the first time;
                    (B) ten years for an arsonist who has been 
                convicted of such an offense for the second time; and
                    (C) for the life of the arsonist for an arsonist 
                who has been convicted of such an offense more than 
                twice.
    (e) Annual Verification.--Not less than once in each calendar year 
during the full registration period, a criminal arsonist required to 
register under this section shall--
            (1) appear in person at not less than one jurisdiction in 
        which such arsonist is required to register;
            (2) allow such jurisdiction to take a current photograph of 
        the arsonist; and
            (3) while present at such jurisdiction, verify the 
        information in each registry in which that arsonist is required 
        to be registered.
    (f) Duty To Notify Criminal Arsonists of Registration Requirements 
and To Register.--
            (1) In general.--An appropriate official shall, shortly 
        before release of a criminal arsonist from custody, or, if the 
        arsonist is not in custody, immediately after the sentencing of 
        the arsonist for the offense giving rise to the duty to 
        register--
                    (A) inform the arsonist of the duties of the 
                arsonist under this section and explain those duties;
                    (B) require the arsonist to read and sign a form 
                stating that the duty to register has been explained 
                and that the arsonist understands the registration 
                requirement; and
                    (C) ensure that the arsonist is registered.
            (2) Notification of criminal arsonists who cannot comply 
        with paragraph (1).--The Attorney General shall prescribe rules 
        for the notification of criminal arsonists who cannot be 
        notified and registered in accordance with paragraph (1).
    (g) Access to Criminal Arsonist Information Through the Internet.--
            (1) In general.--Except as provided in this subsection, 
        each jurisdiction shall make available on the Internet, in a 
        manner that is readily accessible to all jurisdictions, law 
        enforcement officers, and fire safety officers, all information 
        about each criminal arsonist in the registry. The jurisdiction 
        shall also include in the design of its Internet site all field 
        search capabilities needed for full participation in the 
        National criminal arsonist Internet site established under 
        subsection (i) and shall participate in that Internet site as 
        provided by the Attorney General.
            (2) Optional exemptions.--A jurisdiction may exempt from 
        disclosure, with respect to information about a criminal 
        arsonist--
                    (A) any information about the arsonist involving 
                conviction for an offense other than the offense or 
                offenses for which the arsonist is registered;
                    (B) the name of an employer of the arsonist;
                    (C) the name of an educational institution where 
                the arsonist is a student;
                    (D) any information about the arsonist if the 
                arsonist is participating in a witness protection 
                program and the release of such information could 
                jeopardize the safety of the arsonist or any other 
                individual; and
                    (E) any other information identified as an optional 
                exemption from disclosure by the Attorney General.
            (3) Links.--An Internet site established by a jurisdiction 
        pursuant to paragraph (1) shall include, to the extent 
        practicable, links to substance abuse education resources.
            (4) Correction of errors.--An Internet site established by 
        a jurisdiction pursuant to paragraph (1) shall include 
        instructions on how to seek correction of information that an 
        individual contends is erroneous.
            (5) Warning.--An Internet site established by a 
        jurisdiction pursuant to paragraph (1) shall include a warning 
        that information on the site should not be used to unlawfully 
        injure, harass, or commit a crime against any individual named 
        in the registry or residing or working at any reported address. 
        The warning shall note that any such action could result in 
        civil or criminal penalties.
    (h) National Criminal Arsonist Registry.--
            (1) In general.--The Attorney General shall maintain a 
        national database at the Federal Bureau of Investigation for 
        each criminal arsonist and any other person required to 
        register in a jurisdiction's arsonist registry under subsection 
        (a). The database shall be known as the National Arsonist 
        Registry.
            (2) Electronic forwarding.--The Attorney General shall 
        ensure (through the National Arsonist Registry or otherwise) 
        that updated information about a criminal arsonist is 
        immediately transmitted by electronic forwarding to all 
        relevant jurisdictions.
    (i) National Arsonist Internet Site.--The Attorney General shall 
establish and maintain a national arsonist Internet site. The Internet 
site shall include relevant information for each criminal arsonist and 
other person listed on a jurisdiction's Internet site under subsection 
(g). The Internet site shall allow law enforcement officers and fire 
safety officers to obtain relevant information for each such arsonist 
by a single query for any given zip code or geographical radius set by 
the user in a form and with such limitations as may be established by 
the Attorney General and shall have such other field search 
capabilities as the Attorney General may provide.
    (j) Notification Procedures.--Under an arsonist registration 
program established by a jurisdiction pursuant to subsection (a), 
immediately after a criminal arsonist registers or updates a 
registration, an appropriate official in the jurisdiction shall provide 
the information in the registry (other than information exempted from 
disclosure by the Attorney General) about that offender to the 
following:
            (1) The Attorney General, who shall include that 
        information in the National Arsonist Registry or other 
        appropriate databases.
            (2) Appropriate law enforcement agencies (including 
        probation agencies, if appropriate), and each school and public 
        housing agency, in each area in which the offender resides, is 
        an employee, or is a student.
            (3) Each jurisdiction where the offender resides, is an 
        employee, or is a student, and each jurisdiction from or to 
        which a change of residence, employment, or student status 
        occurs.
            (4) Any organization, company, or individual who requests 
        such notification pursuant to procedures established by the 
        jurisdiction.
    (k) Actions To Be Taken When Criminal Arsonist Fails To Comply.--
Under an arsonist registration program established by a jurisdiction 
pursuant to subsection (a), an appropriate official of the jurisdiction 
shall notify the Attorney General and appropriate law enforcement 
agencies of any failure by a criminal arsonist to comply with the 
requirements of the arsonist registry for such jurisdiction, and shall 
revise the registry to reflect the nature of such failure. The 
appropriate official, the Attorney General, and each such law 
enforcement agency shall take any appropriate action to ensure 
compliance.
    (l) Development and Availability of Registry Management and Website 
Software.--
            (1) Duty to develop and support.--The Attorney General 
        shall, in consultation with the jurisdictions, develop and 
        support software to enable jurisdictions to establish and 
        operate uniform arsonist registries and Internet sites.
            (2) Criteria.--The software described in paragraph (1) 
        should facilitate--
                    (A) immediate exchange of information among 
                jurisdictions;
                    (B) access over the Internet to appropriate 
                information, including the number of registered 
                criminal arsonists in each jurisdiction on a current 
                basis;
                    (C) full compliance with the requirements of this 
                section; and
                    (D) communication of information as required under 
                subsection (j).
            (3) Deadline.--The Attorney General shall make the first 
        complete edition of this software available to jurisdictions 
        not later than two years after the date of the enactment of 
        this Act.
    (m) Period for Implementation by Jurisdictions.--
            (1) Deadline.--To be in compliance with this section, a 
        jurisdiction shall implement this section before the later of--
                    (A) three years after the date of the enactment of 
                this Act; or
                    (B) one year after the date on which the software 
                described in subsection (l) is made available to such 
                jurisdiction.
            (2) Extensions.--The Attorney General may authorize not 
        more than two one-year extensions of the deadline under 
        paragraph (1).
    (n) Failure of Jurisdiction To Comply.--
            (1) In general.--For any fiscal year after the deadline 
        described in subsection (m), a jurisdiction that fails, as 
        determined by the Attorney General, to substantially implement 
        this section shall not receive 10 percent of the funds that 
        would otherwise be allocated for that fiscal year to the 
        jurisdiction under subpart 1 of part E of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3750 et seq.).
            (2) State constitutionality.--
                    (A) In general.--When evaluating whether a 
                jurisdiction has substantially implemented this 
                section, the Attorney General shall consider whether 
                the jurisdiction is unable to substantially implement 
                this section because of a demonstrated inability to 
                implement certain provisions that would place the 
                jurisdiction in violation of its constitution, as 
                determined by a ruling of the jurisdiction's highest 
                court.
                    (B) Efforts.--If the circumstances arise under 
                subparagraph (A), then the Attorney General and the 
                jurisdiction involved shall make good faith efforts to 
                accomplish substantial implementation of this section 
                and to reconcile any conflicts between this section and 
                the jurisdiction's constitution. In considering whether 
                compliance with the requirements of this section would 
                likely violate the jurisdiction's constitution or an 
                interpretation thereof by the jurisdiction's highest 
                court, the Attorney General shall consult with the 
                chief executive and chief legal officer of the 
                jurisdiction concerning the jurisdiction's 
                interpretation of the jurisdiction's constitution and 
                rulings thereon by the jurisdiction's highest court.
                    (C) Alternative procedures.--If a jurisdiction is 
                unable to substantially implement this section because 
                of a limitation imposed by the jurisdiction's 
                constitution, the Attorney General may determine that 
                the jurisdiction is in compliance with this section if 
                the jurisdiction has made, or is in the process of 
                implementing, reasonable alternative procedures or 
                accommodations, which are consistent with the purposes 
                of this section.
                    (D) Funding reduction.--If a jurisdiction 
                determined to be in compliance under subparagraph (C) 
                does not comply with the alternative procedures or 
                accommodations described in such subparagraph, then the 
                jurisdiction shall be subject to a funding reduction as 
                specified in paragraph (1).
            (3) Reallocation.--Amounts not allocated under a program 
        referred to in this subsection to a jurisdiction for failure to 
        substantially implement this section shall be reallocated under 
        that program to jurisdictions that have not failed to 
        substantially implement this section or may be reallocated to a 
        jurisdiction from which they were withheld to be used solely 
        for the purpose of implementing this section.
            (4) Rule of construction.--The provisions of this section 
        that are cast as directions to jurisdictions or their officials 
        constitute, in relation to States, only conditions required to 
        avoid the reduction of Federal funding under this subsection.
    (o) Election by Indian Tribes.--
            (1) Election.--
                    (A) In general.--A federally recognized Indian 
                tribe may, by resolution or other enactment of the 
                tribal council or comparable governmental body, elect 
                to carry out this subtitle as a jurisdiction subject to 
                its provisions.
                    (B) Implementation.--If a tribe does not, within 
                one year of enactment of this Act, make an election to 
                take on these duties, it shall, by resolution or other 
                enactment of the tribal council or comparable 
                governmental body, enter into a cooperative agreement 
                to arrange for a jurisdiction to carry out any function 
                of the tribe under this Act until such time as the 
                tribe elects to carry out this Act.
            (2) Cooperation between tribal authorities and other 
        jurisdictions.--
                    (A) Nonduplication.--A tribe subject to this 
                subtitle is not required to duplicate functions under 
                this subtitle which are fully carried out by another 
                jurisdiction or jurisdictions within which the 
                territory of the tribe is located.
                    (B) Cooperative agreements.--A tribe may, through 
                cooperative agreements with such a jurisdiction or 
                jurisdictions--
                            (i) arrange for the tribe to carry out any 
                        function of such a jurisdiction under this 
                        subtitle with respect to arsonists subject to 
                        the tribe's jurisdiction; and
                            (ii) arrange for such a jurisdiction to 
                        carry out any function of the tribe under this 
                        subtitle with respect to arsonists subject to 
                        the tribe's jurisdiction.
            (3) Law enforcement authority in indian country.--
        Enforcement of this Act in Indian country, as defined in 
        section 1151 of title 18, United States Code, shall be carried 
        out by Federal, Tribal, and State governments under existing 
        jurisdictional authorities.
    (p) Immunity for Good Faith Conduct.--The Federal Government, 
jurisdictions, political subdivisions of jurisdictions, and their 
agencies, officers, employees, and agents shall be immune from 
liability for good faith conduct under this section.
    (q) Authorization of Appropriations.--In addition to any amounts 
otherwise authorized to be appropriated, there are authorized to be 
appropriated to the Attorney General, to carry out subsections (h) and 
(i) of this section, such sums as may be necessary for each of the 
fiscal years 2008 through 2013.

SEC. 3. CRIMINAL ARSONIST MANAGEMENT ASSISTANCE PROGRAM.

    (a) In General.--The Attorney General shall establish and implement 
a Criminal Arsonist Management Assistance program (in this section 
referred to as the ``Assistance Program''), under which the Attorney 
General may award a grant to a jurisdiction to offset the costs of 
implementing section 2.
    (b) Application.--The chief executive of a jurisdiction desiring a 
grant under this section shall, on an annual basis, submit to the 
Attorney General an application in such form and containing such 
information as the Attorney General may require.
    (c) Bonus Payments for Prompt Compliance.--A jurisdiction that, as 
determined by the Attorney General, has substantially implemented 
section 2 not later than two years after the date of the enactment of 
this Act is eligible for a bonus payment. The Attorney General may make 
such a payment under the Assistance Program for the first fiscal year 
beginning after that determination. The amount of the bonus payment 
shall be as follows:
            (1) In the case of a determination that the jurisdiction 
        has substantially implemented such section by a date that is 
        not later than the date that is one year after the date of the 
        enactment of this Act, 10 percent of the total received by the 
        jurisdiction under the Assistance Program for the preceding 
        fiscal year.
            (2) In the case of a determination that the jurisdiction 
        has substantilly implemented such section by a date that is 
        later than one year after the date of the enactment of this 
        Act, but not later than the date that is two years after such 
        date of enactment, 5 percent of such total.
    (d) Authorization of Appropriations.--In addition to any amounts 
otherwise authorized to be appropriated, there are authorized to be 
appropriated to the Attorney General, to be available only for the 
Assistance Program, such sums as may be necessary for each of the 
fiscal years 2008 through 2013.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Criminal arsonist.--The term ``criminal arsonist'' 
        means an individual who is convicted of any criminal offense 
        for committing arson in violation of the laws of the 
        jurisdiction in which such offense was committed or the United 
        States.
            (2) Arsonist registry.--The term ``arsonist registry'' 
        means a registry of criminal arsonists, and a notification 
        program, maintained by a jurisdiction.
            (3) Criminal offense.--The term ``criminal offense'' means 
        a State, local, tribal, foreign, or military offense (to the 
        extent specified by the Secretary of Defense under section 
        115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or 
        other criminal offense.
            (4) Employee.--The term ``employee'' includes an individual 
        who is self-employed or works for any other entity, whether 
        compensated or not.
            (5) Fire safety officer.--The term ``fire safety officer'' 
        means--
                    (A) a firefighter, as such term is defined in 
                section 1204 of the Omnibus Crime Control and Safe 
                Street Act of 1968 (42 U.S.C. 3796b)); or
                    (B) an individual serving in an official capacity 
                as a firefighter, fire investigator, or other arson 
                investigator, as defined by the jurisdiction for the 
                purposes of this Act.
            (6) Jurisdiction.--The term ``jurisdiction'' means any of 
        the following:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) The Commonwealth of Puerto Rico.
                    (D) Guam.
                    (E) American Samoa.
                    (F) The Northern Mariana Islands.
                    (G) The United States Virgin Islands.
                    (H) To the extent provided and subject to the 
                requirements of section 2(o), a Federally recognized 
                Indian tribe.
            (7) Law enforcement officer.--The term ``law enforcement 
        officer'' has the meaning given such term in section 1204 of 
        the Omnibus Crime Control and Safe Street Act of 1968 (42 
        U.S.C. 3796b)).
            (8) Resides.--The term ``resides'' means, with respect to 
        an individual, the location of the individual's home or other 
        place where the individual habitually lives.
            (9) Student.--The term ``student'' means an individual who 
        enrolls in or attends an educational institution (whether 
        public or private), including a secondary school, trade or 
        professional school, and institution of higher education.
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