[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1684 Reported in Senate (RS)]

                                                       Calendar No. 481
111th CONGRESS
  2d Session
                                S. 1684

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2009

 Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

                             July 22, 2010

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


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

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Managing Arson Through 
Criminal History (MATCH) Act of 2009''.</DELETED>

<DELETED>SEC. 2. CRIMINAL ARSONIST AND CRIMINAL BOMBER REGISTRATION AND 
              NOTIFICATION PROGRAM.</DELETED>

<DELETED>    (a) Registry Requirements for Jurisdictions.--</DELETED>
        <DELETED>    (1) Jurisdiction to maintain a registry.--Each 
        jurisdiction shall establish and maintain a jurisdiction-wide 
        arsonist and bomber registry in accordance with this 
        section.</DELETED>
        <DELETED>    (2) Guidelines and regulations.--The Attorney 
        General shall issue guidelines and regulations to carry out 
        this section.</DELETED>
<DELETED>    (b) Registry Requirements for Criminal Arsonists and 
Bombers.--</DELETED>
        <DELETED>    (1) In general.--A criminal arsonist or criminal 
        bomber shall register, and shall keep the registration current 
        in accordance with paragraph (3), in each jurisdiction in which 
        the criminal arsonist or criminal bomber resides, is an 
        employee, or is a student.</DELETED>
        <DELETED>    (2) Initial registration.--A criminal arsonist or 
        criminal bomber shall initially register--</DELETED>
                <DELETED>    (A) in addition to any jurisdiction 
                described in paragraph (1), in the jurisdiction in 
                which the criminal arsonist or criminal bomber was 
                convicted; and</DELETED>
                <DELETED>    (B)(i) before completing a sentence of 
                imprisonment with respect to the arson offense or 
                bombing offense giving rise to the registration 
                requirement; or</DELETED>
                <DELETED>    (ii) not later than 5 business days after 
                being sentenced for the arson offense or bombing 
                offense giving rise to the registration requirement, if 
                the criminal arsonist or criminal bomber is not 
                sentenced to a term of imprisonment.</DELETED>
        <DELETED>    (3) Keeping the registration current.--</DELETED>
                <DELETED>    (A) In general.--Not later than 10 
                business days after each change of name, residence, 
                employment, or student status, a criminal arsonist or 
                criminal bomber shall appear in person in at least 1 
                jurisdiction described in paragraph (1) and inform the 
                jurisdiction of all changes in the information required 
                for that criminal arsonist or criminal bomber in the 
                arsonist and bomber registry involved.</DELETED>
                <DELETED>    (B) Provision to other jurisdictions.--A 
                jurisdiction receiving information under subparagraph 
                (A) shall immediately provide the revised information 
                to all other jurisdictions in which the criminal 
                arsonist or criminal bomber is required to 
                register.</DELETED>
        <DELETED>    (4) Application of registration requirements.--
        </DELETED>
                <DELETED>    (A) In general.--Except as provided in the 
                guidelines established 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 or criminal bomber 
                who was--</DELETED>
                        <DELETED>    (i) convicted of an arson offense 
                        or a bombing offense on or after the date of 
                        enactment of this Act; and</DELETED>
                        <DELETED>    (ii) notified of the duties and 
                        registered in accordance with subsection 
                        (f).</DELETED>
                <DELETED>    (B) Application to criminal arsonists or 
                criminal bombers unable to comply with paragraph 
                (2)(b).--</DELETED>
                        <DELETED>    (i) Guidelines.--The Attorney 
                        General shall establish guidelines in 
                        accordance with this subparagraph for each 
                        jurisdiction for--</DELETED>
                                <DELETED>    (I) the application of the 
                                requirements of this section to 
                                criminal arsonists or criminal bombers 
                                convicted before the date of the 
                                enactment of this Act, or the date of 
                                the implementation of this section in 
                                such a jurisdiction; and</DELETED>
                                <DELETED>    (II) the registration of 
                                any criminal arsonist or criminal 
                                bomber described in subclause (I) who 
                                is otherwise unable to comply with 
                                paragraph (2)(B).</DELETED>
                        <DELETED>    (ii) Information required to be 
                        included in registry.--With respect to each 
                        criminal arsonist or criminal bomber described 
                        in clause (i) convicted of an arson offense or 
                        bombing offense during the 10-year period 
                        ending on the date of enactment of this Act, 
                        the guidelines under clause (i) shall provide 
                        for the inclusion in the arsonist and bomber 
                        registry of each applicable jurisdiction (and, 
                        in accordance with subsection (j), the 
                        provision by the jurisdiction to each entity 
                        described in subsection (j)) of--</DELETED>
                                <DELETED>    (I) the name of the 
                                criminal arsonist or criminal bomber 
                                (including any alias used by the 
                                individual);</DELETED>
                                <DELETED>    (II) the Social Security 
                                number of the individual;</DELETED>
                                <DELETED>    (III) the most recent 
                                known address of the residence at which 
                                the individual has resided;</DELETED>
                                <DELETED>    (IV) a physical 
                                description of the 
                                individual;</DELETED>
                                <DELETED>    (V) the text of the 
                                provision of law establishing the arson 
                                offense or bombing offense giving rise 
                                to the duty of the individual to 
                                register;</DELETED>
                                <DELETED>    (VI) a set of fingerprints 
                                and palm prints of the 
                                individual;</DELETED>
                                <DELETED>    (VII) a photocopy of a 
                                valid driver's license or 
                                identification card issued to the 
                                individual by a jurisdiction, if 
                                available; and</DELETED>
                                <DELETED>    (VIII) any other 
                                information required by the Attorney 
                                General.</DELETED>
                        <DELETED>    (iii) Notice required.--The 
                        guidelines under clause (i) shall require 
                        notice to each criminal arsonist or criminal 
                        bomber included in an arsonist and bomber 
                        registry pursuant to this subparagraph of such 
                        inclusion.</DELETED>
        <DELETED>    (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 1 year for the failure of 
        a criminal arsonist or criminal bomber to comply with the 
        requirements of this section.</DELETED>
        <DELETED>    (6) Authority to exempt certain individuals from 
        registry requirements.--A jurisdiction may exempt a criminal 
        arsonist or criminal bomber who has been convicted of an arson 
        offense or a bombing offense for the first time from the 
        registration requirements under this section in exchange for 
        the substantial assistance of the individual in the 
        investigation or prosecution of another person who has 
        committed a criminal offense. The Attorney General shall ensure 
        that any regulations promulgated under this section include 
        guidelines establishing criteria regarding when it is 
        appropriate to exempt an individual from the registration 
        requirements under this section.</DELETED>
<DELETED>    (c) Information Required in Registration.--</DELETED>
        <DELETED>    (1) Provided by arsonist or bomber.--A criminal 
        arsonist or criminal bomber shall provide to the appropriate 
        officer of a jurisdiction in which the individual is required 
        to register for inclusion in the arsonist and bomber registry 
        of the jurisdiction--</DELETED>
                <DELETED>    (A) the name of the individual (including 
                any alias used by the individual);</DELETED>
                <DELETED>    (B) the Social Security number of the 
                individual;</DELETED>
                <DELETED>    (C) the address of each residence at which 
                the individual resides or will reside;</DELETED>
                <DELETED>    (D) the name and address of any place 
                where the individual is an employee or will be an 
                employee;</DELETED>
                <DELETED>    (E) the name and address of any place 
                where the individual is a student or will be a 
                student;</DELETED>
                <DELETED>    (F) the license plate number and a 
                description of any vehicle owned or operated by the 
                individual; and</DELETED>
                <DELETED>    (G) any other information required by the 
                Attorney General.</DELETED>
        <DELETED>    (2) Provided by the jurisdiction.--The 
        jurisdiction in which a criminal arsonist or criminal bomber 
        registers shall ensure that the arsonist and bomber registry of 
        the jurisdiction includes--</DELETED>
                <DELETED>    (A) a physical description of the 
                individual;</DELETED>
                <DELETED>    (B) the text of the provision of law 
                establishing the arson offense or bombing offense 
                giving rise to the duty of the individual to 
                register;</DELETED>
                <DELETED>    (C) the criminal history of the 
                individual, 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 
                individual;</DELETED>
                <DELETED>    (D) a current photograph of the 
                individual;</DELETED>
                <DELETED>    (E) a set of fingerprints and palm prints 
                of the individual;</DELETED>
                <DELETED>    (F) a photocopy of a valid driver's 
                license or identification card issued to the individual 
                by a jurisdiction; and</DELETED>
                <DELETED>    (G) any other information required by the 
                Attorney General.</DELETED>
<DELETED>    (d) Duration of Registration Requirement; Expunging 
Registries of Information for Certain Juvenile Criminals.--</DELETED>
        <DELETED>    (1) Duration of registration requirement.--A 
        criminal arsonist or criminal bomber shall keep the 
        registration information provided under subsection (c) current 
        in accordance with subsection (b)(3) for the full registration 
        period.</DELETED>
        <DELETED>    (2) Expunging registries of information for 
        certain juvenile criminals.--</DELETED>
                <DELETED>    (A) In general.--In the case of a criminal 
                arsonist or criminal bomber described in subparagraph 
                (B), a jurisdiction shall expunge the arson and bomber 
                registry of the jurisdiction of information relating to 
                the criminal arsonist or criminal bomber on the date 
                that is 5 years after the last day of the full 
                registration period for the criminal arsonist or 
                criminal bomber.</DELETED>
                <DELETED>    (B) Criminal arsonist or bomber 
                described.--A criminal arsonist or criminal bomber 
                described in this subparagraph is a criminal arsonist 
                or criminal bomber who--</DELETED>
                        <DELETED>    (i) was a juvenile tried as an 
                        adult for the arson offense or bombing offense 
                        giving rise to the duty of the individual to 
                        register under this section; and</DELETED>
                        <DELETED>    (ii) was not convicted of any 
                        other felony during the period beginning on the 
                        first day of the full registration period for 
                        the criminal arsonist or criminal bomber and 
                        ending on the last day of the 5-year period 
                        described in subparagraph (A).</DELETED>
                <DELETED>    (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 or 
                criminal bomber described in subparagraph (B) shall 
                expunge the applicable database of the information on 
                the date that is 5 years after the last day of the full 
                registration period for the criminal arsonist or 
                criminal bomber.</DELETED>
<DELETED>    (e) Annual Verification.--Not less than once during each 
calendar year during the full registration period, a criminal arsonist 
or criminal bomber required to register under this section shall--
</DELETED>
        <DELETED>    (1) appear in person at not less than 1 
        jurisdiction in which the individual is required to 
        register;</DELETED>
        <DELETED>    (2) allow the jurisdiction to take a photograph of 
        the individual; and</DELETED>
        <DELETED>    (3) while present at the jurisdiction, verify the 
        information in each arsonist and bomber registry in which the 
        individual is required to be registered.</DELETED>
<DELETED>    (f) Duty To Notify Criminal Arsonists and Criminal Bombers 
of Registration Requirements and To Register.--</DELETED>
        <DELETED>    (1) In general.--An appropriate officer shall, 
        shortly before release of a criminal arsonist or criminal 
        bomber from custody, or, if the individual is not in custody, 
        immediately after the sentencing of the individual for the 
        arson offense or bombing offense giving rise to the duty of the 
        individual to register--</DELETED>
                <DELETED>    (A) inform the individual of the duties of 
                the individual under this section and explain those 
                duties in a manner that the individual can understand 
                in light of the native language, mental capability, and 
                age of the individual;</DELETED>
                <DELETED>    (B) ensure that the individual understands 
                the registration requirement, and if so, require the 
                individual to read and sign a form stating that the 
                duty to register has been explained and that the 
                individual understands the registration 
                requirement;</DELETED>
                <DELETED>    (C) if the individual is unable to 
                understand the registration requirements, sign a form 
                stating that the individual is unable to understand the 
                registration requirements; and</DELETED>
                <DELETED>    (D) ensure that the individual is 
                registered in accordance with this section.</DELETED>
        <DELETED>    (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 in accordance with this section 
        of criminal arsonists and criminal bombers who cannot be 
        registered in accordance with paragraph (1).</DELETED>
<DELETED>    (g) Access to Information Through the Internet.--
</DELETED>
        <DELETED>    (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 and 
        criminal bomber in the arsonist and bomber registry of the 
        jurisdiction.</DELETED>
        <DELETED>    (2) Coordination with national database.--Each 
        jurisdiction shall--</DELETED>
                <DELETED>    (A) ensure that the Internet site of the 
                jurisdiction described in paragraph (1) includes all 
                field search capabilities needed for full participation 
                in the national Internet site established under 
                subsection (i); and</DELETED>
                <DELETED>    (B) participate in the national Internet 
                site established under subsection (i) in accordance 
                with regulations promulgated by the Attorney General 
                under this section.</DELETED>
        <DELETED>    (3) Prohibition on access by the public.--
        Information about a criminal arsonist or criminal bomber shall 
        not be made available on the Internet to the public under 
        paragraph (1).</DELETED>
        <DELETED>    (4) Mandatory exemptions.--A jurisdiction shall 
        exempt from disclosure on the Internet site of the jurisdiction 
        described in paragraph (1)--</DELETED>
                <DELETED>    (A) any information about a criminal 
                arsonist or criminal bomber involving conviction for an 
                offense other than the arson offense or bombing offense 
                giving rise to the duty of the individual to 
                register;</DELETED>
                <DELETED>    (B) if the criminal arsonist or criminal 
                bomber is participating in a witness protection 
                program, any information about the individual the 
                release of which could jeopardize the safety of the 
                individual or any other person; and</DELETED>
                <DELETED>    (C) any other information identified as a 
                mandatory exemption from disclosure by the Attorney 
                General.</DELETED>
        <DELETED>    (5) Optional exemptions.--A jurisdiction may 
        exempt from disclosure on the Internet site of the jurisdiction 
        described in paragraph (1)--</DELETED>
                <DELETED>    (A) the name of an employer of a criminal 
                arsonist or criminal bomber; and</DELETED>
                <DELETED>    (B) the name of an educational institution 
                where a criminal arsonist or criminal bomber is a 
                student.</DELETED>
        <DELETED>    (6) Correction of errors.--The Attorney General 
        shall establish guidelines to be used by each jurisdiction to 
        establish a process to seek correction of information included 
        in the Internet site of the jurisdiction described in paragraph 
        (1) if an individual contends the information is erroneous. The 
        guidelines established under this paragraph shall establish the 
        period, beginning on the date on which an individual has 
        knowledge of the inclusion of information in the Internet site, 
        during which the individual may seek the correction of the 
        information.</DELETED>
        <DELETED>    (7) Warning.--An Internet site of a jurisdiction 
        described in paragraph (1) shall include a warning that--
        </DELETED>
                <DELETED>    (A) information on the site is to be used 
                for law enforcement purposes only and may only be 
                disclosed in connection with law enforcement purposes; 
                and</DELETED>
                <DELETED>    (B) any action in violation of 
                subparagraph (A) may result in a civil or criminal 
                penalty.</DELETED>
<DELETED>    (h) National Criminal Arsonist and Criminal Bomber 
Registry.--</DELETED>
        <DELETED>    (1) In general.--The Attorney General shall 
        maintain a national database at the Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives that includes relevant information for 
        each criminal arsonist or criminal bomber (including any 
        information provided under subsection (j)). The database shall 
        be known as the National Criminal Arsonist and Criminal Bomber 
        Registry.</DELETED>
        <DELETED>    (2) Electronic forwarding.--The Attorney General 
        shall ensure (through the national registry maintained under 
        this subsection or otherwise) that updated information about a 
        criminal arsonist or criminal bomber is immediately transmitted 
        by electronic forwarding to all relevant 
        jurisdictions.</DELETED>
        <DELETED>    (3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Attorney General to carry 
        out this subsection such sums as may be necessary for each of 
        fiscal years 2010 through 2014.</DELETED>
<DELETED>    (i) National Arsonist and Bomber Internet Site.--
</DELETED>
        <DELETED>    (1) 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.</DELETED>
        <DELETED>    (2) Prohibition on access by the public.--
        Information about a criminal arsonist or criminal bomber shall 
        not be made available on the Internet to the public under 
        paragraph (1).</DELETED>
        <DELETED>    (3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Attorney General to carry 
        out this subsection such sums as may be necessary for each of 
        fiscal years 2010 through 2014.</DELETED>
<DELETED>    (j) Notification Procedures.--</DELETED>
        <DELETED>    (1) In general.--Immediately after a criminal 
        arsonist or criminal bomber registers in the arsonist and 
        bomber registry of a jurisdiction, or updates a registration in 
        the arsonist and bomber registry of a jurisdiction, an 
        appropriate officer of the jurisdiction shall provide the 
        information in the arsonist and bomber registry (other than 
        information exempted from disclosure by this section or the 
        Attorney General) about the individual to the entities 
        described in paragraph (2).</DELETED>
        <DELETED>    (2) Entities.--The entities described in this 
        paragraph are--</DELETED>
                <DELETED>    (A) the Attorney General;</DELETED>
                <DELETED>    (B) appropriate law enforcement agencies 
                (including probation agencies, if applicable) in each 
                area in which the criminal arsonist or criminal bomber 
                resides, is an employee, or is a student;</DELETED>
                <DELETED>    (C) each jurisdiction in which the 
                criminal arsonist or criminal bomber resides, is an 
                employee, or is a student; and</DELETED>
                <DELETED>    (D) each jurisdiction from or to which a 
                change of residence, employment, or student status 
                occurs.</DELETED>
<DELETED>    (k) Actions To Be Taken When Criminal Arsonist or Criminal 
Bomber Fails To Comply.--</DELETED>
        <DELETED>    (1) Jurisdictions.--An appropriate officer of a 
        jurisdiction shall--</DELETED>
                <DELETED>    (A) notify the Attorney General and 
                appropriate law enforcement agencies if a criminal 
                arsonist or criminal bomber fails to comply with the 
                requirements of the arsonist and bomber registry of the 
                jurisdiction; and</DELETED>
                <DELETED>    (B) revise the arsonist and bomber 
                registry of the jurisdiction to reflect the nature of 
                the failure.</DELETED>
        <DELETED>    (2) Ensuring compliance.--If a criminal arsonist 
        or criminal bomber fails to comply with the requirements of the 
        arsonist and bomber registry of a jurisdiction, an appropriate 
        officer of the jurisdiction, the Attorney General, and any law 
        enforcement agency notified under paragraph (1)(A) shall take 
        any appropriate action to ensure compliance.</DELETED>
<DELETED>    (l) Development and Availability of Registry Management 
and Website Software.--</DELETED>
        <DELETED>    (1) Duty to develop and support.--In consultation 
        with the jurisdictions, the Attorney General shall develop and 
        support software to enable jurisdictions to establish and 
        operate arsonist and bomber registries and Internet sites 
        described in subsection (g).</DELETED>
        <DELETED>    (2) Criteria.--The software described in paragraph 
        (1) shall facilitate--</DELETED>
                <DELETED>    (A) immediate exchange of information 
                among jurisdictions;</DELETED>
                <DELETED>    (B) access over the Internet to 
                appropriate information, including the number of 
                registered criminal arsonists or criminal bombers in 
                each jurisdiction;</DELETED>
                <DELETED>    (C) full compliance with the requirements 
                of this section; and</DELETED>
                <DELETED>    (D) communication of information as 
                required under subsection (j).</DELETED>
        <DELETED>    (3) Deadline.--Not later than 2 years after the 
        date of enactment of this Act, the Attorney General shall make 
        available to jurisdictions a fully operational edition of the 
        software described in paragraph (1).</DELETED>
<DELETED>    (m) Period for Implementation by Jurisdictions.--
</DELETED>
        <DELETED>    (1) Deadline.--A jurisdiction shall implement this 
        section not later than the later of--</DELETED>
                <DELETED>    (A) 3 years after the date of enactment of 
                this Act; or</DELETED>
                <DELETED>    (B) 1 year after the date on which the 
                software described in subsection (l) is made available 
                to the jurisdiction.</DELETED>
        <DELETED>    (2) Extensions.--The Attorney General may make not 
        more than 2 1-year extensions of the deadline under paragraph 
        (1) for a jurisdiction.</DELETED>
        <DELETED>    (3) Failure of jurisdiction to comply.--For any 
        fiscal year after the expiration of the deadline specified in 
        paragraph (1) (including any extension under paragraph (2)), 
        that a jurisdiction fails to substantially implement this 
        section, as determined by the Attorney General, the 
        jurisdiction 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.).</DELETED>
<DELETED>    (n) Election by Indian Tribes.--</DELETED>
        <DELETED>    (1) Election.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Implementation.--A federally 
                recognized Indian tribe that, as of the date that is 1 
                year after the date of enactment of this Act, has not 
                made an election described in subparagraph (A) 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.</DELETED>
        <DELETED>    (2) Cooperation between tribal authorities and 
        other jurisdictions.--</DELETED>
                <DELETED>    (A) Nonduplication.--A federally 
                recognized Indian tribe subject to this section is not 
                required to duplicate functions under this section that 
                are fully carried out by 1 or more jurisdictions within 
                which the territory of the tribe is located.</DELETED>
                <DELETED>    (B) Cooperative agreements.--A federally 
                recognized Indian tribe, through cooperative agreements 
                with 1 or more jurisdictions within which the territory 
                of the tribe is located, may--</DELETED>
                        <DELETED>    (i) arrange for the tribe to carry 
                        out any function of the jurisdiction under this 
                        section with respect to criminal arsonists or 
                        criminal bombers subject to the jurisdiction of 
                        the tribe; and</DELETED>
                        <DELETED>    (ii) arrange for the jurisdiction 
                        to carry out any function of the tribe under 
                        this section with respect to criminal arsonists 
                        and criminal bombers subject to the 
                        jurisdiction of the tribe.</DELETED>
        <DELETED>    (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 the Federal Government, tribal governments, and State 
        governments under jurisdictional authorities in effect on the 
        date of enactment of this Act.</DELETED>
<DELETED>    (o) Immunity for Good Faith Conduct.--The Federal 
Government, a jurisdiction, a political subdivision of a jurisdiction, 
and an agency, officer, employee, and agent of the Federal Government, 
a jurisdiction, or a political subdivision of a jurisdiction shall not 
be held liable in any Federal or State court for any good faith conduct 
to carry out this section.</DELETED>
<DELETED>    (p) Criminal Arsonist and Criminal Bomber Management 
Assistance Program.--</DELETED>
        <DELETED>    (1) In general.--The Attorney General shall 
        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 may make grants to jurisdictions to offset the costs of 
        implementing this section.</DELETED>
        <DELETED>    (2) Application.--A jurisdiction desiring a grant 
        under this subsection for a fiscal year shall submit to the 
        Attorney General an application in such form and containing 
        such information as the Attorney General may require.</DELETED>
        <DELETED>    (3) Increased grant payments for prompt 
        compliance.--</DELETED>
                <DELETED>    (A) In general.--A jurisdiction that, as 
                determined by the Attorney General, has substantially 
                implemented this section not later than 2 years after 
                the date of enactment of this Act is eligible for a 
                bonus payment in addition to the amount of a grant to 
                the jurisdiction under paragraph (1). The Attorney 
                General may make a bonus payment to a jurisdiction for 
                the first fiscal year beginning after the date on which 
                the Attorney General determines the jurisdiction has 
                substantially implemented this section.</DELETED>
                <DELETED>    (B) Amount.--A bonus payment under this 
                paragraph shall be--</DELETED>
                        <DELETED>    (i) if the Attorney General 
                        determines that the jurisdiction has 
                        substantially implemented this section not 
                        later than the date that is 1 year after the 
                        date of enactment of this Act, in an amount 
                        equal to 10 percent of the amount of a grant to 
                        the jurisdiction under paragraph (1) for the 
                        fiscal year in which the bonus payment is made; 
                        and</DELETED>
                        <DELETED>    (ii) if the Attorney General 
                        determines that the jurisdiction has 
                        substantially implemented this section after 
                        the date that is 1 year after the date of the 
                        enactment of this Act, and not later than 2 
                        years after the date of enactment of this Act, 
                        in an amount equal to 5 percent of the amount 
                        of a grant to the jurisdiction under paragraph 
                        (1) for the fiscal year in which the bonus 
                        payment is made.</DELETED>
        <DELETED>    (4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Attorney General to carry 
        out this subsection such sums as may be necessary for each of 
        fiscal years 2010 through 2014.</DELETED>
<DELETED>    (q) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Arsonist and bomber registry.--The term 
        ``arsonist and bomber registry'' means a registry of criminal 
        arsonists and criminal bombers, and a notification program, 
        maintained by a jurisdiction under this section.</DELETED>
        <DELETED>    (2) Arson offense.--The term ``arson offense'' 
        means any criminal offense for committing arson, attempting 
        arson, or conspiracy to commit arson in violation of the laws 
        of the jurisdiction in which the offense was committed or the 
        laws of the United States.</DELETED>
        <DELETED>    (3) Bombing offense.--The term ``bombing offense'' 
        means 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 the offense was committed 
        or the laws of the United States.</DELETED>
        <DELETED>    (4) Criminal arsonist.--The term ``criminal 
        arsonist''--</DELETED>
                <DELETED>    (A) means an individual who is convicted 
                of an arson offense; and</DELETED>
                <DELETED>    (B) does not include a juvenile who is 
                convicted of an arson offense unless the juvenile was 
                tried as an adult for the arson offense.</DELETED>
        <DELETED>    (5) Criminal bomber.--The term ``criminal 
        bomber''--</DELETED>
                <DELETED>    (A) means an individual who is convicted 
                of a bombing offense; and</DELETED>
                <DELETED>    (B) does not include a juvenile who is 
                convicted of a bombing offense unless the juvenile was 
                tried as an adult for the bombing offense.</DELETED>
        <DELETED>    (6) 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 the Departments of 
        Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 1998 (Public Law 105-119; 10 
        U.S.C. 951 note)) or other criminal offense.</DELETED>
        <DELETED>    (7) Employee.--The term ``employee'' includes an 
        individual who is self-employed or works for any other entity, 
        whether compensated or not.</DELETED>
        <DELETED>    (8) Fire safety officer.--The term ``fire safety 
        officer'' means 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 section.</DELETED>
        <DELETED>    (9) Full registration period.--</DELETED>
                <DELETED>    (A) In general.--The term ``full 
                registration period'' means the period--</DELETED>
                        <DELETED>    (i) beginning on the later of--
                        </DELETED>
                                <DELETED>    (I) the date on which an 
                                individual is convicted of an arson 
                                offense or bombing offense;</DELETED>
                                <DELETED>    (II) the date on which an 
                                individual is released from custody for 
                                conviction of an arson offense or 
                                bombing offense; or</DELETED>
                                <DELETED>    (III) the date on which an 
                                individual is placed on parole, 
                                supervised release, or probation for an 
                                arson offense or bombing offense; 
                                and</DELETED>
                        <DELETED>    (ii) ending--</DELETED>
                                <DELETED>    (I) for an individual who 
                                has been convicted of an arson offense 
                                or bombing offense for the first time, 
                                5 years after the date described in 
                                clause (i);</DELETED>
                                <DELETED>    (II) for an individual who 
                                has been convicted of an arson offense 
                                or bombing offense for the second time, 
                                10 years after the date described in 
                                clause (i); and</DELETED>
                                <DELETED>    (III) for an individual 
                                who has been convicted of an arson 
                                offense or bombing offense more than 
                                twice, on the date on which the 
                                individual dies.</DELETED>
                <DELETED>    (B) Exclusion of time in custody.--Any 
                period during which an individual is in custody shall 
                not be included in determining the end of the period 
                under subparagraph (A).</DELETED>
        <DELETED>    (10) Jurisdiction.--The term ``jurisdiction'' 
        means--</DELETED>
                <DELETED>    (A) a State;</DELETED>
                <DELETED>    (B) the District of Columbia;</DELETED>
                <DELETED>    (C) the Commonwealth of Puerto 
                Rico;</DELETED>
                <DELETED>    (D) Guam;</DELETED>
                <DELETED>    (E) American Samoa;</DELETED>
                <DELETED>    (F) the Commonwealth of the Northern 
                Mariana Islands;</DELETED>
                <DELETED>    (G) the Virgin Islands; and</DELETED>
                <DELETED>    (H) to the extent provided in and subject 
                to the requirements of subsection (o), a federally 
                recognized Indian tribe.</DELETED>
        <DELETED>    (11) Law enforcement officer.--The term ``law 
        enforcement officer'' has the meaning given that term in 
        section 1204 of the Omnibus Crime Control and Safe Street Act 
        of 1968 (42 U.S.C. 3796b).</DELETED>
        <DELETED>    (12) Resides.--The term ``resides'' means the 
        location of the home of an individual or other place where an 
        individual habitually lives.</DELETED>
        <DELETED>    (13) 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Managing Arson Through Criminal 
History (MATCH) Act of 2010''.

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

    (a) 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 (k), 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 term ``National Registry'' 
        means the National Criminal Arsonist and Criminal Bomber 
        Registry established under subsection (b)(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.
    (b) 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''. 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) Funding.--For fiscal year 2011 and each fiscal year 
        thereafter, amounts made available for the appropriations 
        account appropriated under the heading ``salaries and 
        expenses'' under the heading ``Bureau of Alcohol, Tobacco, 
        Firearms and Explosives '' are authorized to be used to carry 
        out this subsection.
    (c) 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.
    (d) Registry Requirements for Criminal Arsonists and Bombers.--
            (1) In general.--A criminal arsonist or criminal bomber 
        shall provide information described in subsection (e)(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 (e)(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 not less than 1 jurisdiction described 
        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 (h); 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 (e)(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 (h), 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.
    (e) 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 
        (d)(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.
    (f) 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 (e)(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) 5 years for a person who has been 
                        convicted of such an offense for the first 
                        time;
                            (ii) 10 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).
    (g) 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 1 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.
    (h) 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 native 
                language, mental capability, and age of the person;
                    (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).
    (i) 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 (b)(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 (b)(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.
    (j) 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) 3 years after the date of the enactment of this 
                Act; or
                    (B) 1 year after the date on which the software 
                described in subsection (i) is made available to such 
                jurisdiction.
            (2) Extensions.--The Attorney General may authorize not 
        more than 2 one-year extensions of the deadline under paragraph 
        (1).
    (k) 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 1 
                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.
    (l) 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.
    (m) Criminal Arsonist and Criminal Bomber Management Assistance 
Program.--Section 106(b)(1) of the Brady Handgun Violence Prevention 
Act (18 U.S.C. 922 note) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively: and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) to assist the State in implementing the 
                Managing Arson Through Criminal History (MATCH) Act of 
                2010;''.
                                                       Calendar No. 481

111th CONGRESS

  2d Session

                                S. 1684

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 22, 2010

                       Reported with an amendment