[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1727 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 1727


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2009

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To establish a national criminal arsonist and criminal bomber registry 
program and establish guidelines and incentives for States, territories 
               and tribes to participate in such program.

    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 2009''.

SEC. 2. CRIMINAL ARSONIST AND CRIMINAL BOMBER REGISTRATION AND 
              NOTIFICATION PROGRAM.

    (a) National Criminal Arsonist and Criminal Bomber Registry and 
Internet Site.--
            (1) National criminal arsonist and criminal bomber 
        registry.--
                    (A) In general.--The Attorney General shall 
                maintain a national database at the Bureau of Alcohol, 
                Tobacco, Firearms and Explosives for each criminal 
                arsonist or criminal bomber. The database shall be 
                known as the National Criminal Arsonist and Criminal 
                Bomber Registry and shall be referred to in this 
                section as the ``National Registry''. Such registry 
                shall be used for law enforcement purposes only and 
                information maintained in such registry may only be 
                disclosed in connection with such purposes.
                    (B) Electronic forwarding.--The Attorney General 
                shall ensure (through the national registry or 
                otherwise) that updated information about a criminal 
                arsonist or criminal bomber is immediately available to 
                all relevant jurisdictions.
                    (C) Notification to jurisdictions.--The Attorney 
                General shall provide notification to a jurisdiction in 
                which the offender resides or will reside, is an 
                employee, or is a student. Immediately after the 
                Attorney General receives information (or updated 
                information) under this section from a jurisdiction for 
                inclusion in the National Registry, with respect to a 
                criminal arsonist or criminal bomber, the Attorney 
                General shall ensure that such information (or updated 
                information), other than any information exempted from 
                disclosure by the Attorney General, is provided to each 
                jurisdiction in which the offender resides or will 
                reside, is an employee, or is a student.
            (2) National arsonist and bomber internet site.--
                    (A) In general.--The Attorney General shall 
                establish and maintain a national arsonist and bomber 
                Internet site. The Internet site shall include relevant 
                information for each criminal arsonist or criminal 
                bomber. The Internet site shall allow law enforcement 
                officers and fire safety officers to obtain relevant 
                information for each criminal arsonist or criminal 
                bomber 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.
                    (B) Use for law enforcement purposes only.--The 
                Internet site established under subparagraph (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 action in violation of the previous 
                sentence may result in a civil or criminal penalty.
                    (C) Exemptions from disclosure.--The Attorney 
                General may exempt from disclosure on the Internet site 
                established under this paragraph such information as 
                the Attorney General deems appropriate.
            (3) Prohibition on access by the public.--Information about 
        a criminal arsonist or criminal bomber shall not be made 
        available under paragraph (1) or (2) to the public.
            (4) Correction of errors.--The Attorney General shall 
        establish guidelines for a process to seek correction of 
        information included in the national database under paragraph 
        (1) or the Internet site under paragraph (2) in the case that 
        an individual contends such information is erroneous. Such 
        guidelines shall provide for an adequate period for the 
        individual to seek such correction of information.
            (5) 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 this subsection, such sums as may be necessary for each of 
        the fiscal years 2010 through 2014.
    (b) Registry Requirements for Jurisdictions.--
            (1) Jurisdiction to participate in national registry.--Each 
        jurisdiction shall participate in the National Registry by 
        providing information, with respect to criminal arsonists and 
        criminal bombers, to the National Registry in accordance with 
        this section. Such information, with respect to a criminal 
        arsonist or criminal bomber, shall be provided by a 
        jurisdiction--
                    (A) to the Attorney General for inclusion in the 
                National Registry immediately after the criminal 
                arsonist or criminal bomber provides information (or 
                provides updated information), other than information 
                exempted from disclosure by the Attorney General, to 
                the jurisdiction under this section; and
                    (B) in an electronic format as specified by the 
                Attorney General.
            (2) Guidelines and regulations.--The Attorney General shall 
        issue guidelines and regulations to interpret and implement 
        this section.
    (c) Registry Requirements for Criminal Arsonists and Bombers.--
            (1) In general.--A criminal arsonist or criminal bomber 
        shall provide information described in subsection (d)(1) to 
        (and shall keep such information current with) each 
        jurisdiction where the criminal arsonist or criminal bomber 
        resides, where the criminal arsonist or criminal bomber is an 
        employee, and where the criminal arsonist or criminal bomber is 
        a student. For the initial provision of information only, a 
        criminal arsonist or criminal bomber shall also provide such 
        information to the jurisdiction in which the arsonist or bomber 
        was convicted if such jurisdiction is different from the 
        jurisdiction of residence.
            (2) Initial registration.--The criminal arsonist or 
        criminal bomber shall initially provide information described 
        in subsection (d)(1)--
                    (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 or 
                criminal bomber is not sentenced to a term of 
                imprisonment.
            (3) Keeping the registration current.--A criminal arsonist 
        or criminal bomber 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 criminal arsonist or criminal 
        bomber for purposes of inclusion in the National Registry. That 
        jurisdiction shall immediately provide the revised information 
        to the National Registry.
            (4) Application of registration requirements.--
                    (A) Offender registration requirements applicable 
                only prospectively and with notification.--A criminal 
                arsonist or criminal bomber is required to provide 
                information to a jurisdiction, and to keep such 
                information current, under this section for inclusion 
                in the National Registry only to the extent--
                            (i) that such criminal arsonist or criminal 
                        bomber--
                                    (I) was convicted of a criminal 
                                offense involving arson or bombing on 
                                or after the date of the enactment of 
                                this Act; and
                                    (II) was notified of such 
                                requirements in accordance with 
                                subsection (g); and
                            (ii) the jurisdiction involved participates 
                        in the National Registry.
                    (B) Jurisdiction of conviction required to submit 
                information on offenders convicted before date of 
                enactment and on those not notified.--
                            (i) Guidelines.--The Attorney General shall 
                        establish guidelines, in accordance with the 
                        provisions of this subparagraph, under which 
                        each jurisdiction is required to provide to the 
                        National Registry information described in 
                        subsection (d)(2) with respect to--
                                    (I) each criminal arsonist or 
                                criminal bomber who was convicted in 
                                such jurisdiction of a criminal offense 
                                involving arson or bombing during the 
                                10-year period ending on the date of 
                                the enactment of this Act; and
                                    (II) each criminal arsonist or 
                                criminal bomber who was convicted on or 
                                after the date of the enactment of the 
                                Act in such jurisdiction of such an 
                                offense and who has not been notified, 
                                in accordance with subsection (g), of 
                                the requirements to provide 
                                information, and to keep such 
                                information current, under this 
                                section.
                            (ii) Notice required.--Under the guidelines 
                        established under clause (i), a jurisdiction 
                        shall be required to provide notice to each 
                        criminal arsonist or criminal bomber included 
                        in the National Registry pursuant to this 
                        subparagraph of such inclusion.
            (5) Actions to be taken when criminal arsonist or criminal 
        bomber fails to comply.--An appropriate official of each 
        jurisdiction shall notify the Attorney General and appropriate 
        law enforcement agencies of any failure by a criminal arsonist 
        or criminal bomber to provide information, and keep such 
        information current, under this section. The Attorney General 
        shall revise the National Registry to reflect the nature of 
        such failure. The appropriate official, the Attorney General, 
        and each law enforcement agency involved shall take any 
        appropriate action to ensure compliance.
            (6) Authority to exempt certain persons from registry 
        requirements.--A jurisdiction shall have the authority to 
        exempt a criminal arsonist or criminal bomber who has been 
        convicted of the offense of arson or bombing in violation of 
        the laws of the jurisdiction in which the offense was committed 
        or the United States for the first time from the requirements 
        to provide information, and keep such information current, 
        under this section in exchange for the person's substantial 
        assistance in the investigation or prosecution of another 
        person who has committed an offense. The Attorney General shall 
        ensure that any regulations promulgated under this section 
        include guidelines that reflect the general appropriateness of 
        exempting the person from the requirements of providing 
        information, and keeping such information current, under this 
        section.
    (d) Information Required for Inclusion in National Registry.--
            (1) Prospective convictions with notification.--
                    (A) Provided by arsonist or bomber.--A criminal 
                arsonist or criminal bomber convicted of a criminal 
                offense involving arson or bombing on or after the date 
                of the enactment of this Act shall provide the 
                following information to the appropriate official of 
                the jurisdiction involved for inclusion in the National 
                Registry:
                            (i) The name of the person (including any 
                        alias used by the person).
                            (ii) The Social Security number of the 
                        person.
                            (iii) The address of each residence at 
                        which the person resides or will reside.
                            (iv) The name and address of any place 
                        where the person is an employee or will be an 
                        employee.
                            (v) The name and address of any place where 
                        the person is a student or will be a student.
                            (vi) The license plate number and a 
                        description of any vehicle owned or operated by 
                        the person.
                            (vii) Any other information required by the 
                        Attorney General.
                    (B) Provided by the jurisdiction.--The jurisdiction 
                to which a criminal arsonist or criminal bomber 
                described in subparagraph (A) provides information 
                shall ensure that the following information, with 
                respect to such arsonist or bomber, is provided to the 
                National Registry:
                            (i) The information described in 
                        subparagraph (A), as provided by the arsonist 
                        or bomber.
                            (ii) A physical description of the person.
                            (iii) The text of the provision of law 
                        defining the criminal offense for which the 
                        person is required to be registered under this 
                        section.
                            (iv) A current photograph of the person.
                            (v) A set of fingerprints and palm prints 
                        of the person.
                            (vi) A photocopy of a valid driver's 
                        license or identification card issued to the 
                        person by a jurisdiction.
                            (vii) Any other information required by the 
                        Attorney General.
            (2) Provided by jurisdiction of convictions in case of 
        convictions before date of enactment and failures to notify.--
        Each jurisdiction in which a criminal arsonist or criminal 
        bomber described in subclause (I) or (II) of subsection 
        (c)(4)(B)(i) was convicted shall ensure that the following 
        information is provided to the National Registry:
                    (A) The name of the criminal arsonist or criminal 
                bomber (including any alias used by the person).
                    (B) The Social Security number of the person.
                    (C) The most recent known address of the residence 
                at which the person has resided.
                    (D) A physical description of the person.
                    (E) The text of the provision of law defining the 
                criminal offense for which the person is convicted.
                    (F) A set of fingerprints and palm prints of the 
                person, if available to the jurisdiction.
                    (G) A photocopy of a valid driver's license or 
                identification card issued to the person by a 
                jurisdiction, if available.
                    (H) Any other information required by the Attorney 
                General.
    (e) Duration of Registration Requirement; Expunging Registries of 
Information for Certain Juvenile Criminals.--
            (1) Duration of registration requirement.--A criminal 
        arsonist or criminal bomber shall keep the registration 
        information provided under subsection (d)(1)(A) current for the 
        full registration period (excluding any time the person is in 
        custody). For purposes of this subsection, the full 
        registration period--
                    (A) shall commence on the later of the date on 
                which the person is convicted of an offense of arson or 
                bombing in violation of the laws of the jurisdiction in 
                which the offense was committed or the United States, 
                the date on which the person is released from prison 
                for such conviction, or the date on which the person is 
                placed on parole, supervised release, or probation for 
                such conviction; and
                    (B) shall be--
                            (i) five years for a person who has been 
                        convicted of such an offense for the first 
                        time;
                            (ii) ten years for a person who has been 
                        convicted of such an offense for the second 
                        time; and
                            (iii) for the life of the person for a 
                        person who has been convicted of such an 
                        offense more than twice.
            (2) Expunging registries of information for certain 
        juvenile criminals.--
                    (A) In general.--In the case of a criminal arsonist 
                or criminal bomber described in subparagraph (B), the 
                Attorney General shall expunge the National Registry of 
                information related to such criminal arsonist or 
                criminal bomber as of the date that is 5 years after 
                the last day of the applicable full registration period 
                under paragraph (1).
                    (B) Criminal arsonist or criminal bomber 
                described.--For purposes of subparagraph (A), a 
                criminal arsonist or criminal bomber described in this 
                subparagraph is a criminal arsonist or criminal bomber 
                who--
                            (i) was a juvenile tried as an adult for 
                        the offense giving rise to the duty to register 
                        under this section; 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 (i) 
                with respect to a criminal arsonist or criminal bomber 
                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).
    (f) Annual Verification.--Not less than once in each calendar year 
during the full registration period, a criminal arsonist or criminal 
bomber required to provide information to a jurisdiction under this 
section shall--
            (1) appear in person at not less than one such 
        jurisdiction;
            (2) allow such jurisdiction to take a current photograph of 
        the person; and
            (3) while present at such jurisdiction, verify the 
        information contained in the National Registry for such person.
    (g) Duty to Notify Criminal Arsonists and Criminal Bombers of 
Registration Requirements and to Register.--
            (1) In general.--An appropriate official shall, shortly 
        before release of a criminal arsonist or criminal bomber from 
        custody, or, if the person is not in custody, immediately after 
        the sentencing of the person for the offense giving rise to the 
        duty to register under this section--
                    (A) inform the person of the duties of the person 
                under this section and explain those duties in a manner 
                that the person can understand in light of the person's 
                native language, mental capability, and age;
                    (B) ensure that the person understands the 
                registration requirement, and if so, require the person 
                to read and sign a form stating that the duty to 
                register has been explained and that the person 
                understands the registration requirement;
                    (C) if the person is unable to understand the 
                registration requirements, the official shall sign a 
                form stating that the person is unable to understand 
                the registration requirements; and
                    (D) ensure that the person is registered.
            (2) Notification of criminal arsonists and criminal bombers 
        who cannot comply with paragraph (1).--The Attorney General 
        shall prescribe rules to ensure the notification and 
        registration of criminal arsonists and criminal bombers in 
        accordance with paragraph (1) who cannot be notified and 
        registered at the time set forth in paragraph (1).
    (h) Development and Availability of Registry Management and Website 
Software.--
            (1) Duty to develop and support.--The Attorney General 
        shall develop and support software to enable jurisdictions to 
        participate in the National Registry and the national Internet 
        site established under subsection (a)(2).
            (2) Criteria.--The software described in paragraph (1) 
        should facilitate--
                    (A) immediate exchange of information among 
                jurisdictions through the national Internet site 
                established under subsection (a)(2);
                    (B) access over the Internet by authorized persons 
                to appropriate information, including the number of 
                registered criminal arsonists or criminal bombers in 
                each jurisdiction on a current basis; and
                    (C) full compliance with the requirements of this 
                section.
            (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.
    (i) Period for Implementation by Jurisdictions.--
            (1) Deadline.--To be in compliance with this section, a 
        jurisdiction shall participate in the National Registry in 
        accordance with 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 (h) 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).
            (3) Failure of jurisdiction to comply.--For any fiscal year 
        after the expiration of the deadline specified in paragraph (1) 
        (and any extension under paragraph (2)), a jurisdiction that 
        fails, as determined by the Attorney General, to substantially 
        implement this section shall, at the discretion of the Attorney 
        General, be subject to not more than a 10 percent reduction 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.), whether characterized as the Edward Byrne 
        Memorial State and Local Law Enforcement Assistance Programs, 
        the Local Government Law Enforcement Block Grants Program, the 
        Edward Byrne Memorial Justice Assistance Grant Program, or 
        otherwise.
    (j) 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 section 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 section until such time as the 
                tribe elects to carry out this section.
            (2) Cooperation between tribal authorities and other 
        jurisdictions.--
                    (A) Nonduplication.--A tribe subject to this 
                section is not required to duplicate functions under 
                this section 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 
                        section with respect to criminal arsonists or 
                        criminal bombers subject to the tribe's 
                        jurisdiction; and
                            (ii) arrange for such a jurisdiction to 
                        carry out any function of the tribe under this 
                        section with respect to criminal arsonists and 
                        criminal bombers subject to the tribe's 
                        jurisdiction.
            (3) Law enforcement authority in indian country.--
        Enforcement of this section 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.
    (k) 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.
    (l) Criminal Arsonist and Criminal Bomber Management Assistance 
Program.--
            (1) In general.--The Attorney General shall, subject to 
        appropriations, establish and implement a Criminal Arsonist and 
        Bomber Management Assistance program (in this subsection 
        referred to as the ``Assistance Program''), under which the 
        Attorney General shall award grants to jurisdictions to offset 
        the costs of implementing the other provisions of this section.
            (2) Application.--The chief executive of a jurisdiction 
        desiring a grant under this subsection, with respect to a 
        fiscal year, shall for each such fiscal year submit to the 
        Attorney General an application in such form and containing 
        such information as the Attorney General may require.
            (3) Increased grant payments for prompt compliance.--A 
        jurisdiction that, as determined by the Attorney General, has 
        substantially implemented the other provisions of this section 
        not later than two years after the date of the enactment of 
        this Act is eligible for a bonus payment in addition to the 
        amount of grant funds available to such jurisdiction under 
        paragraph (1). The Attorney General may, with respect to a 
        jurisdiction, make such a bonus payment to the jurisdiction for 
        the first fiscal year beginning after the date such 
        determination is made. The amount of the bonus payment shall be 
        as follows:
                    (A) In the case of a determination that the 
                jurisdiction has substantially implemented this 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 grant funds available to the 
                jurisdiction under paragraph (1) for such fiscal year.
                    (B) In the case of a determination that the 
                jurisdiction has substantially implemented this 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.
            (4) 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 to carry out this subsection, such sums as may be 
        necessary for each of the fiscal years 2010 through 2014.
    (m) Definitions.--For purposes of this section:
            (1) Criminal arsonist.--The term ``criminal arsonist'' 
        means an individual who is convicted of any criminal offense 
        for committing arson, attempting arson, or conspiracy to commit 
        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) Criminal bomber.--The term ``criminal bomber'' means an 
        individual who is convicted of any criminal offense for 
        committing a bombing, attempting a bombing, or conspiracy to 
        commit a bombing 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.
            (3) Criminal offense.--The term ``criminal offense'' means 
        a Federal, 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 an individual serving in an official capacity as a fire 
        investigator, or other arson or bomber investigator, as defined 
        by the jurisdiction for the purposes of this section.
            (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 subsection (j), 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) National registry.--The terms ``National Registry'' and 
        ``arsonist and bomber registry'' mean the registry of criminal 
        arsonists and criminal bombers established under subsection 
        (a)(1).
            (9) 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.
            (10) 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.

            Passed the House of Representatives September 30, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.