[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2387 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2387

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 SENATE OF THE UNITED STATES

                           November 16, 2007

 Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following 
    bill; which was read twice and 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 5 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 10 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) Application of registration requirements.--
                    (A) In general.--Except as provided in guidelines 
                under subparagraph (B), the requirements of this 
                section, including the duties to register and to keep a 
                registration current, shall apply only to a criminal 
                arsonist who was convicted of a criminal offense 
                involving arson on or after the date of the enactment 
                of this Act, and who was notified of such duties and 
                registered in accordance with subsection (f).
                    (B) Application to criminal arsonists unable to 
                comply with paragraph (2).--
                            (i) Guidelines.--The Attorney General shall 
                        establish guidelines in accordance with the 
                        provisions of this subparagraph for each 
                        jurisdiction for the application of the 
                        requirements of this section to criminal 
                        arsonists convicted before the date of the 
                        enactment of this Act or the date of its 
                        implementation in such a jurisdiction, and 
                        shall prescribe rules for the registration of 
                        any such criminal arsonists who are otherwise 
                        unable to comply with paragraph (2).
                            (ii) Information required to be included in 
                        registry.--With respect to each criminal 
                        arsonist described in clause (i) convicted 
                        during the 10-year period preceding the date of 
                        the enactment of this Act, the guidelines under 
                        clause (i) shall provide for the inclusion in 
                        the arsonist registry of each applicable 
                        jurisdiction (and, in accordance with 
                        subsection (j), the provision by such 
                        jurisdiction to each entity described in such 
                        subsection) of the following information:
                                    (I) The name of the arsonist 
                                (including any alias used by the 
                                arsonist).
                                    (II) The Social Security number of 
                                the arsonist.
                                    (III) The most recent known address 
                                of the residence at which the arsonist 
                                has resided.
                                    (IV) A physical description of the 
                                arsonist.
                                    (V) The text of the provision of 
                                law defining the criminal offense 
                                related to arson for which the arsonist 
                                is convicted.
                                    (VI) A set of fingerprints and palm 
                                prints of the arsonist.
                                    (VII) A photocopy of a valid 
                                driver's license or identification card 
                                issued to the arsonist by a 
                                jurisdiction, if available.
                                    (VIII) Any other information 
                                required by the Attorney General.
                            (iii) Notice required.--The guidelines 
                        under clause (i) shall provide notice to each 
                        criminal arsonist included in an arsonist 
                        registry pursuant to this subparagraph of such 
                        inclusion.
            (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) 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 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; Expunging Registries of 
Information for Certain Juvenile Criminal Arsonists.--
            (1) 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). For purposes 
        of this subsection, the full registration period--
                    (A) 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
                    (B) shall be--
                            (i) five years for an arsonist who has been 
                        convicted of such an offense for the first 
                        time;
                            (ii) ten years for an arsonist who has been 
                        convicted of such an offense for the second 
                        time; and
                            (iii) for the life of the arsonist for an 
                        arsonist who has been convicted of such an 
                        offense more than twice.
            (2) Expunging registries of information for certain 
        juvenile criminal arsonists.--
                    (A) In general.--In the case of a criminal arsonist 
                described in subparagraph (B), a jurisdiction shall 
                expunge the arson registry of such jurisdiction of 
                information related to such criminal arsonist as of the 
                date that is 5 years after the last day of the 
                applicable full registration period under paragraph 
                (1).
                    (B) Criminal arsonist described.--For purposes of 
                subparagraph (A), a criminal arsonist described in this 
                subparagraph is a criminal arsonist who--
                            (i) was a juvenile tried as an adult for 
                        the offense giving rise to the duty to 
                        register; and
                            (ii) was not convicted of any other 
                        criminal felony during the period beginning on 
                        the first day of the applicable full 
                        registration period under paragraph (1) and 
                        ending on the last day of the 5-year period 
                        described in subparagraph (A).
                    (C) Application to other databases.--The Attorney 
                General shall establish a process to ensure that each 
                entity that receives information under subsection (j) 
                with respect to a criminal arsonist described in 
                subparagraph (B) shall expunge the applicable database 
                of such information as of the date that is 5 years 
                after the last day of the applicable full registration 
                period under paragraph (1).
    (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 in 
                a manner that the arsonist can understand in light of 
                the arsonist's native language, mental capability, and 
                age;
                    (B) ensure that the arsonist understands the 
                registration requirement, and if so, 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;
                    (C) if the arsonist is unable to understand the 
                registration requirements, the official shall sign a 
                form stating that the arsonist is unable to understand 
                the registration requirements; and
                    (D) ensure that the arsonist is registered.
            (2) Notification of criminal arsonists who cannot comply 
        with paragraph (1).--The Attorney General shall prescribe rules 
        to ensure the notification and registration of criminal 
        arsonists in accordance with paragraph (1) who cannot be 
        notified and registered at the time set forth in 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 law enforcement personnel 
        and fire safety officers located in the jurisdiction, 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 in 
        regulations which comply with this paragraph.
            (2) Prohibition on access by the public.--Such information 
        about a criminal arsonist shall not be made available on the 
        Internet to the public.
            (3) Mandatory exemptions.--A jurisdiction shall 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) 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
                    (C) any other information identified as a mandatory 
                exemption from disclosure by the Attorney General.
            (4) Optional exemptions.--A jurisdiction is authorized to 
        exempt from disclosure, with respect to information about a 
        criminal arsonist--
                    (A) the name of an employer of the arsonist; and
                    (B) the name of an educational institution where 
                the arsonist is a student.
            (5) Correction of errors.--The Attorney General shall 
        establish guidelines for each jurisdiction for a process to 
        seek correction of information included in the Internet site 
        established by the jurisdiction pursuant to paragraph (1) in 
        the case that an individual contends such information is 
        erroneous. Such guidelines shall provide for an adequate period 
        following the date on which the individual has knowledge of the 
        information's inclusion in the Internet site for the individual 
        to seek such correction of information.
            (6) Warning.--An Internet site established by a 
        jurisdiction pursuant to paragraph (1) shall include a warning 
        that information on the site is to be used for law enforcement 
        purposes only and may only be disclosed in connection with such 
        purposes. 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 Bureau of Alcohol, Tobacco, Firearms 
        and Explosives for each criminal arsonist. 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. 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 this section or by the Attorney General) about that 
offender to the following entities:
            (1) The Attorney General, who shall include that 
        information in the National Arsonist Registry.
            (2) Appropriate law enforcement agencies (including 
        probation agencies, if appropriate) 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.
Information about a criminal arsonist shall not be made available on 
the Internet to the public.
    (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) 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 the 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.
    (o) 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.
    (p) 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 2009 through 2014.

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 shall 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 substantially 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 2009 through 2014.

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. Such term shall not include a juvenile who is convicted 
        of such an offense unless such juvenile was tried as an adult 
        for such offense.
            (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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