[Congressional Record Volume 153, Number 185 (Wednesday, December 5, 2007)]
[House]
[Pages H14193-H14198]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MANAGING ARSON THROUGH CRIMINAL HISTORY (MATCH) ACT OF 2007
Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1759) to establish guidelines and incentives for States to
establish arsonist registries and to require the Attorney General to
establish a national arsonist registry and notification program, and
for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1759
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Managing Arson Through
Criminal History (MATCH) Act of 2007''.
[[Page H14194]]
SEC. 2. ARSONIST REGISTRATION AND NOTIFICATION PROGRAM.
(a) Registry Requirements for Jurisdictions.--
(1) Jurisdiction to maintain a registry.--Each jurisdiction
shall establish and maintain a jurisdiction-wide arsonist
registry conforming to the requirements of this section.
(2) Guidelines and regulations.--The Attorney General shall
issue guidelines and regulations to interpret and implement
this section.
(b) Registry Requirements for Criminal Arsonists.--
(1) In general.--A criminal arsonist shall register, and
shall keep the registration current, in each jurisdiction
where the arsonist resides, where the arsonist is an
employee, and where the arsonist is a student. For initial
registration purposes only, a criminal arsonist shall also
register in the jurisdiction in which convicted if such
jurisdiction is different from the jurisdiction of residence.
(2) Initial registration.--The criminal arsonist shall
initially register--
(A) before completing a sentence of imprisonment with
respect to the offense giving rise to the registration
requirement; or
(B) not later than 5 business days after being sentenced
for that offense, if the criminal arsonist is not sentenced
to a term of imprisonment.
(3) Keeping the registration current.--A criminal arsonist
shall, not later than 10 business days after each change of
name, residence, employment, or student status, appear in
person in at least one jurisdiction involved pursuant to
paragraph (1) and inform that jurisdiction of all changes in
the information required for that arsonist in the arsonist
registry involved. That jurisdiction shall immediately
provide the revised information to all other jurisdictions in
which the arsonist is required to register.
(4) Application of registration requirements.--
(A) In general.--Except as provided in guidelines under
subparagraph (B), the requirements of this section, including
the duties to register and to keep a registration current,
shall apply only to a criminal arsonist who was convicted of
a criminal offense involving arson on or after the date of
the enactment of this Act, and who was notified of such
duties and registered in accordance with subsection (f).
(B) Application to criminal arsonists unable to comply with
paragraph (2).--
(i) Guidelines.--The Attorney General shall establish
guidelines in accordance with the provisions of this
subparagraph for each jurisdiction for the application of the
requirements of this section to criminal arsonists convicted
before the date of the enactment of this Act or the date of
its implementation in such a jurisdiction, and shall
prescribe rules for the registration of any such criminal
arsonists who are otherwise unable to comply with paragraph
(2).
(ii) Information required to be included in registry.--With
respect to each criminal arsonist described in clause (i)
convicted during the 10-year period preceding the date of the
enactment of this Act, the guidelines under clause (i) shall
provide for the inclusion in the arsonist registry of each
applicable jurisdiction (and, in accordance with subsection
(j), the provision by such jurisdiction to each entity
described in such subsection) of the following information:
(I) The name of the arsonist (including any alias used by
the arsonist).
(II) The Social Security number of the arsonist.
(III) The most recent known address of the residence at
which the arsonist has resided.
(IV) A physical description of the arsonist.
(V) The text of the provision of law defining the criminal
offense related to arson for which the arsonist is convicted.
(VI) A set of fingerprints and palm prints of the arsonist.
(VII) A photocopy of a valid driver's license or
identification card issued to the arsonist by a jurisdiction,
if available.
(VIII) Any other information required by the Attorney
General.
(iii) Notice required.--The guidelines under clause (i)
shall provide notice to each criminal arsonist included in an
arsonist registry pursuant to this subparagraph of such
inclusion.
(5) State penalty for failure to comply.--Each
jurisdiction, other than a Federally recognized Indian tribe,
shall provide a criminal penalty that includes a maximum term
of imprisonment that is greater than one year for the failure
of a criminal arsonist to comply with the requirements of
this section.
(6) Authority to exempt certain criminal arsonists from
registry requirements.--A jurisdiction shall have the
authority to exempt a criminal arsonist who has been
convicted of the offense of arson in violation of the laws of
the jurisdiction in which the offense was committed or the
United States for the first time from the registration
requirements under this section in exchange for such
arsonist's substantial assistance in the investigation or
prosecution of another person who has committed an offense.
The Attorney General shall assure that any regulations
promulgated under this section include guidelines that
reflect the general appropriateness of exempting such an
arsonist from the registration requirements under this
section.
(c) Information Required in Registration.--
(1) Provided by the arsonist.--A criminal arsonist shall
provide the following information to the appropriate official
for inclusion in the arsonist registry of a jurisdiction in
which such arsonist is required to register:
(A) The name of the arsonist (including any alias used by
the arsonist).
(B) The Social Security number of the arsonist.
(C) The address of each residence at which the arsonist
resides or will reside.
(D) The name and address of any place where the arsonist is
an employee or will be an employee.
(E) The name and address of any place where the arsonist is
a student or will be a student.
(F) The license plate number and a description of any
vehicle owned or operated by the arsonist.
(G) Any other information required by the Attorney General.
(2) Provided by the jurisdiction.--The jurisdiction in
which a criminal arsonist registers shall ensure that the
following information is included in the registry for such
arsonist:
(A) A physical description of the arsonist.
(B) The text of the provision of law defining the criminal
offense for which the arsonist is registered.
(C) The criminal history of the arsonist, including the
date of all arrests and convictions; the status of parole,
probation, or supervised release; registration status; and
the existence of any outstanding arrest warrants for the
arsonist.
(D) A current photograph of the arsonist.
(E) A set of fingerprints and palm prints of the arsonist.
(F) A photocopy of a valid driver's license or
identification card issued to the arsonist by a jurisdiction.
(G) Any other information required by the Attorney General.
(d) Duration of Registration Requirement; Expunging
Registries of Information for Certain Juvenile Criminal
Arsonists.--
(1) Duration of registration requirement.--A criminal
arsonist shall keep the registration information provided
under subsection (c) current for the full registration period
(excluding any time the arsonist is in custody). For purposes
of this subsection, the full registration period--
(A) shall commence on the later of the date on which the
arsonist is convicted of an offense of arson in violation of
the laws of the jurisdiction in which the offense was
committed or the United States, the date on which the
arsonist is released from prison for such conviction, or the
date on which such arsonist is placed on parole, supervised
release, or probation for such conviction; and
(B) shall be--
(i) five years for an arsonist who has been convicted of
such an offense for the first time;
(ii) ten years for an arsonist who has been convicted of
such an offense for the second time; and
(iii) for the life of the arsonist for an arsonist who has
been convicted of such an offense more than twice.
(2) Expunging registries of information for certain
juvenile criminal arsonists.--
(A) In general.--In the case of a criminal arsonist
described in subparagraph (B), a jurisdiction shall expunge
the arson registry of such jurisdiction of information
related to such criminal arsonist as of the date that is 5
years after the last day of the applicable full registration
period under paragraph (1).
(B) Criminal arsonist described.--For purposes of
subparagraph (A), a criminal arsonist described in this
subparagraph is a criminal arsonist who--
(i) was a juvenile tried as an adult for the offense giving
rise to the duty to register; and
(ii) was not convicted of any other criminal felony during
the period beginning on the first day of the applicable full
registration period under paragraph (1) and ending on the
last day of the 5-year period described in subparagraph (A).
(C) Application to other databases.--The Attorney General
shall establish a process to ensure that each entity that
receives information under subsection (j) with respect to a
criminal arsonist described in subparagraph (B) shall expunge
the applicable database of such information as of the date
that is 5 years after the last day of the applicable full
registration period under paragraph (1).
(e) Annual Verification.--Not less than once in each
calendar year during the full registration period, a criminal
arsonist required to register under this section shall--
(1) appear in person at not less than one jurisdiction in
which such arsonist is required to register;
(2) allow such jurisdiction to take a current photograph of
the arsonist; and
(3) while present at such jurisdiction, verify the
information in each registry in which that arsonist is
required to be registered.
(f) Duty to Notify Criminal Arsonists of Registration
Requirements and to Register.--
(1) In general.--An appropriate official shall, shortly
before release of a criminal arsonist from custody, or, if
the arsonist is not in custody, immediately after the
sentencing of the arsonist for the offense giving rise to the
duty to register--
(A) inform the arsonist of the duties of the arsonist under
this section and explain those
[[Page H14195]]
duties in a manner that the arsonist can understand in light
of the arsonist's native language, mental capability, and
age;
(B) ensure that the arsonist understands the registration
requirement, and if so, require the arsonist to read and sign
a form stating that the duty to register has been explained
and that the arsonist understands the registration
requirement;
(C) if the arsonist is unable to understand the
registration requirements, the official shall sign a form
stating that the arsonist is unable to understand the
registration requirements; and
(D) ensure that the arsonist is registered.
(2) Notification of criminal arsonists who cannot comply
with paragraph (1).--The Attorney General shall prescribe
rules to ensure the notification and registration of criminal
arsonists in accordance with paragraph (1) who cannot be
notified and registered at the time set forth in paragraph
(1).
(g) Access to Criminal Arsonist Information Through the
Internet.--
(1) In general.--Except as provided in this subsection,
each jurisdiction shall make available on the Internet, in a
manner that is readily accessible to law enforcement
personnel and fire safety officers located in the
jurisdiction, all information about each criminal arsonist in
the registry. The jurisdiction shall also include in the
design of its Internet site all field search capabilities
needed for full participation in the National criminal
arsonist Internet site established under subsection (i) and
shall participate in that Internet site as provided by the
Attorney General in regulations which comply with this
paragraph.
(2) Prohibition on access by the public.--Information about
a criminal arsonist shall not be made available under
paragraph (1) on the Internet to the public.
(3) Mandatory exemptions.--A jurisdiction shall exempt from
disclosure on the Internet site of the jurisdiction described
in paragraph (1), with respect to information about a
criminal arsonist--
(A) any information about the arsonist involving conviction
for an offense other than the offense or offenses for which
the arsonist is registered;
(B) any information about the arsonist if the arsonist is
participating in a witness protection program and the release
of such information could jeopardize the safety of the
arsonist or any other individual; and
(C) any other information identified as a mandatory
exemption from disclosure by the Attorney General.
(4) Optional exemptions.--A jurisdiction is authorized to
exempt from disclosure on the Internet site of the
jurisdiction described in paragraph (1), with respect to
information about a criminal arsonist--
(A) the name of an employer of the arsonist; and
(B) the name of an educational institution where the
arsonist is a student.
(5) Correction of errors.--The Attorney General shall
establish guidelines for each jurisdiction for a process to
seek correction of information included in the Internet site
established by the jurisdiction pursuant to paragraph (1) in
the case that an individual contends such information is
erroneous. Such guidelines shall provide for an adequate
period following the date on which the individual has
knowledge of the information's inclusion in the Internet site
for the individual to seek such correction of information.
(6) Warning.--An Internet site established by a
jurisdiction pursuant to paragraph (1) shall include a
warning that information on the site is to be used for law
enforcement purposes only and may only be disclosed in
connection with such purposes. The warning shall note that
any action in violation of the previous sentence may result
in a civil or criminal penalty.
(h) National Criminal Arsonist Registry.--
(1) In general.--The Attorney General shall maintain a
national database at the Bureau of Alcohol, Tobacco, Firearms
and Explosives for each criminal arsonist. The database shall
be known as the National Arsonist Registry.
(2) Electronic forwarding.--The Attorney General shall
ensure (through the National Arsonist Registry or otherwise)
that updated information about a criminal arsonist is
immediately transmitted by electronic forwarding to all
relevant jurisdictions.
(i) National Arsonist Internet Site.--
(1) In general.--The Attorney General shall establish and
maintain a national arsonist Internet site. The Internet site
shall include relevant information for each criminal
arsonist. The Internet site shall allow law enforcement
officers and fire safety officers to obtain relevant
information for each such arsonist by a single query for any
given zip code or geographical radius set by the user in a
form and with such limitations as may be established by the
Attorney General and shall have such other field search
capabilities as the Attorney General may provide.
(2) Prohibition on access by the public.--Information about
a criminal arsonist shall not be made available under
paragraph (1) on the Internet to the public.
(j) Notification Procedures.--Under an arsonist
registration program established by a jurisdiction pursuant
to subsection (a), immediately after a criminal arsonist
registers or updates a registration, an appropriate official
in the jurisdiction shall provide the information in the
registry (other than information exempted from disclosure by
this section or by the Attorney General) about that offender
to the following entities:
(1) The Attorney General, who shall include that
information in the National Arsonist Registry.
(2) Appropriate law enforcement agencies (including
probation agencies, if appropriate) in each area in which the
offender resides, is an employee, or is a student.
(3) Each jurisdiction where the offender resides, is an
employee, or is a student, and each jurisdiction from or to
which a change of residence, employment, or student status
occurs.
(k) Actions to Be Taken When Criminal Arsonist Fails to
Comply.--Under an arsonist registration program established
by a jurisdiction pursuant to subsection (a), an appropriate
official of the jurisdiction shall notify the Attorney
General and appropriate law enforcement agencies of any
failure by a criminal arsonist to comply with the
requirements of the arsonist registry for such jurisdiction,
and shall revise the registry to reflect the nature of such
failure. The appropriate official, the Attorney General, and
each such law enforcement agency shall take any appropriate
action to ensure compliance.
(l) Development and Availability of Registry Management and
Website Software.--
(1) Duty to develop and support.--The Attorney General
shall, in consultation with the jurisdictions, develop and
support software to enable jurisdictions to establish and
operate uniform arsonist registries and Internet sites.
(2) Criteria.--The software described in paragraph (1)
should facilitate--
(A) immediate exchange of information among jurisdictions;
(B) access over the Internet to appropriate information,
including the number of registered criminal arsonists in each
jurisdiction on a current basis;
(C) full compliance with the requirements of this section;
and
(D) communication of information as required under
subsection (j).
(3) Deadline.--The Attorney General shall make the first
complete edition of this software available to jurisdictions
not later than two years after the date of the enactment of
this Act.
(m) Period for Implementation by Jurisdictions.--
(1) Deadline.--To be in compliance with this section, a
jurisdiction shall implement this section before the later
of--
(A) three years after the date of the enactment of this
Act; or
(B) one year after the date on which the software described
in subsection (l) is made available to such jurisdiction.
(2) Extensions.--The Attorney General may authorize not
more than two one-year extensions of the deadline under
paragraph (1).
(n) Failure of Jurisdiction to Comply.--
(1) In general.--For any fiscal year after the deadline
described in subsection (m), a jurisdiction that fails, as
determined by the Attorney General, to substantially
implement this section shall not receive 10 percent of the
funds that would otherwise be allocated for that fiscal year
to the jurisdiction under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.).
(2) State constitutionality.--
(A) In general.--When evaluating whether a jurisdiction has
substantially implemented this section, the Attorney General
shall consider whether the jurisdiction is unable to
substantially implement this section because of a
demonstrated inability to implement certain provisions that
would place the jurisdiction in violation of its
constitution, as determined by a ruling of the jurisdiction's
highest court.
(B) Efforts.--If the circumstances arise under subparagraph
(A), then the Attorney General and the jurisdiction involved
shall make good faith efforts to accomplish substantial
implementation of this section and to reconcile any conflicts
between this section and the jurisdiction's constitution. In
considering whether compliance with the requirements of this
section would likely violate the jurisdiction's constitution
or an interpretation thereof by the jurisdiction's highest
court, the Attorney General shall consult with the chief
executive and chief legal officer of the jurisdiction
concerning the jurisdiction's interpretation of the
jurisdiction's constitution and rulings thereon by the
jurisdiction's highest court.
(C) Alternative procedures.--If a jurisdiction is unable to
substantially implement this section because of a limitation
imposed by the jurisdiction's constitution, the Attorney
General may determine that the jurisdiction is in compliance
with this section if the jurisdiction has made, or is in the
process of implementing, reasonable alternative procedures or
accommodations, which are consistent with the purposes of
this section.
(3) Reallocation.--Amounts not allocated under a program
referred to in this subsection to a jurisdiction for failure
to substantially implement this section shall be reallocated
under that program to jurisdictions that have not failed to
substantially implement this section or may be reallocated to
a jurisdiction from which they were withheld to be used
solely for the purpose of implementing this section.
(4) Rule of construction.--The provisions of this section
that are cast as directions to jurisdictions or their
officials constitute, in relation to States, only conditions
required
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to avoid the reduction of Federal funding under this
subsection.
(5) Exception for failures to receive criminal arsonist
management assistance program grants.--For any fiscal year
for which a jurisdiction submits an application to the
Attorney General under subsection (b) of section 3 for a
grant under subsection (a) of such section and is not awarded
any grant funding under such subsection such jurisdiction
shall not be subject to paragraph (1).
(o) Election by Indian Tribes.--
(1) Election.--
(A) In general.--A federally recognized Indian tribe may,
by resolution or other enactment of the tribal council or
comparable governmental body, elect to carry out this
subtitle as a jurisdiction subject to its provisions.
(B) Implementation.--If a tribe does not, within one year
of the enactment of this Act, make an election to take on
these duties, it shall, by resolution or other enactment of
the tribal council or comparable governmental body, enter
into a cooperative agreement to arrange for a jurisdiction to
carry out any function of the tribe under this Act until such
time as the tribe elects to carry out this Act.
(2) Cooperation between tribal authorities and other
jurisdictions.--
(A) Nonduplication.--A tribe subject to this subtitle is
not required to duplicate functions under this subtitle which
are fully carried out by another jurisdiction or
jurisdictions within which the territory of the tribe is
located.
(B) Cooperative agreements.--A tribe may, through
cooperative agreements with such a jurisdiction or
jurisdictions--
(i) arrange for the tribe to carry out any function of such
a jurisdiction under this subtitle with respect to arsonists
subject to the tribe's jurisdiction; and
(ii) arrange for such a jurisdiction to carry out any
function of the tribe under this subtitle with respect to
arsonists subject to the tribe's jurisdiction.
(3) Law enforcement authority in indian country.--
Enforcement of this Act in Indian country, as defined in
section 1151 of title 18, United States Code, shall be
carried out by Federal, Tribal, and State governments under
existing jurisdictional authorities.
(p) Immunity for Good Faith Conduct.--The Federal
Government, jurisdictions, political subdivisions of
jurisdictions, and their agencies, officers, employees, and
agents shall be immune from liability for good faith conduct
under this section.
(q) Authorization of Appropriations.--In addition to any
amounts otherwise authorized to be appropriated, there are
authorized to be appropriated to the Attorney General, to
carry out subsections (h) and (i) of this section, such sums
as may be necessary for each of the fiscal years 2009 through
2014.
SEC. 3. CRIMINAL ARSONIST MANAGEMENT ASSISTANCE PROGRAM.
(a) In General.--The Attorney General shall establish and
implement a Criminal Arsonist Management Assistance program
(in this section referred to as the ``Assistance Program''),
under which the Attorney General shall award grants to
jurisdictions to offset the costs of implementing section 2.
(b) Application.--The chief executive of a jurisdiction
desiring a grant under this section, 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.
(c) Increased Grant Payments for Prompt Compliance.--A
jurisdiction that, as determined by the Attorney General, has
substantially implemented section 2 not later than two years
after the date of the enactment of this Act is eligible for a
bonus payment in addition to the amount of grant funds
available to such jurisdiction under subsection (a). 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:
(1) In the case of a determination that the jurisdiction
has substantially implemented such section by a date that is
not later than the date that is one year after the date of
the enactment of this Act, 10 percent of the total grant
funds available to the jurisdiction under subsection (a) for
such fiscal year.
(2) In the case of a determination that the jurisdiction
has substantially implemented such section by a date that is
later than one year after the date of the enactment of this
Act, but not later than the date that is two years after such
date of enactment, 5 percent of such total.
(d) Authorization of Appropriations.--In addition to any
amounts otherwise authorized to be appropriated, there are
authorized to be appropriated to the Attorney General, to be
available to carry out this section, such sums as may be
necessary for each of the fiscal years 2009 through 2014.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Criminal arsonist.--The term ``criminal arsonist''
means an individual who is convicted of any criminal offense
for committing arson in violation of the laws of the
jurisdiction in which such offense was committed or the
United States. Such term shall not include a juvenile who is
convicted of such an offense unless such juvenile was tried
as an adult for such offense.
(2) Arsonist registry.--The term ``arsonist registry''
means a registry of criminal arsonists, and a notification
program, maintained by a jurisdiction.
(3) Criminal offense.--The term ``criminal offense'' means
a State, local, tribal, foreign, or military offense (to the
extent specified by the Secretary of Defense under section
115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note))
or other criminal offense.
(4) Employee.--The term ``employee'' includes an individual
who is self-employed or works for any other entity, whether
compensated or not.
(5) Fire safety officer.--The term ``fire safety officer''
means--
(A) a firefighter, as such term is defined in section 1204
of the Omnibus Crime Control and Safe Street Act of 1968 (42
U.S.C. 3796b); or
(B) an individual serving in an official capacity as a
firefighter, fire investigator, or other arson investigator,
as defined by the jurisdiction for the purposes of this Act.
(6) Jurisdiction.--The term ``jurisdiction'' means any of
the following:
(A) A State.
(B) The District of Columbia.
(C) The Commonwealth of Puerto Rico.
(D) Guam.
(E) American Samoa.
(F) The Northern Mariana Islands.
(G) The United States Virgin Islands.
(H) To the extent provided and subject to the requirements
of section 2(o), a Federally recognized Indian tribe.
(7) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given such term in section 1204 of
the Omnibus Crime Control and Safe Street Act of 1968 (42
U.S.C. 3796b).
(8) Resides.--The term ``resides'' means, with respect to
an individual, the location of the individual's home or other
place where the individual habitually lives.
(9) Student.--The term ``student'' means an individual who
enrolls in or attends an educational institution (whether
public or private), including a secondary school, trade or
professional school, and institution of higher education.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from Virginia (Mr. Forbes)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker and Members of the House, according to the United States
Fire Administration, arson is the leading cause of fire in the United
States and annually results in over 2,000 injuries, more than 400
deaths, and $1.5 billion in property damage. Even more problematic is
the fact that arson is one of the most difficult crimes to prosecute.
Only 16 percent of intentionally set fires result in arrests, and only
2 percent result in conviction.
Although arson causes significant losses in lives and property each
year, there is no national registry requiring convicted arsonists to
notify law enforcement of their residence, place of employment, or
other information that would aid law enforcement in identifying
offenders with a demonstrated disposition for committing arson
offenses, and that's precisely what H.R. 1759 does. We respond to
several aspects of the serious concerns presented by arson.
To aid law enforcement in identifying criminal activity related to
arson, we established the National Arson Registry, a comprehensive
nationwide network of registry databases developed by the Attorney
General that tracks convicted arsonists.
The bill also requires jurisdictions to create arson registries and
mandates that convicted arsonists register in each jurisdiction in
which he or she resides, is an employee, or is a student at an
educational institution.
And finally, the bill requires the Bureau of Alcohol, Tobacco,
Firearms, and Explosives to coordinate the various databases through
the National Arson Registry and make the information available to law
enforcement agencies. Armed with this information, law enforcement
authorities will be able to solve many more arson crimes than they are
able to now. Knowing that they're registered with and known to local
authorities may deter convicted arsonists from committing new arson.
This bill rightly enjoys broad bipartisan support. I commend my
colleagues in the Judiciary Committee,
[[Page H14197]]
Lamar Smith and the floor manager of the bill, and urge that we support
legislation whose time has come.
Mr. Speaker, I reserve the balance of my time.
Mr. FORBES. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1759, the Managing Arson
Through Criminal History (MATCH) Act of 2007.
I want to first commend my colleagues from California, Congresswoman
Bono and Congressman Schiff, for their hard work on this legislation.
My colleagues from California know all too well the devastation that
arson causes. The wildfires that burned across much of southern
California in October killed 14 people and injured as many as 70
others. The fires touched over a half million acres from Los Angeles to
the Mexican border and displaced 513,000 people from their homes. Costs
in San Diego County alone were projected to exceed $1 billion.
Sadly, just 2 weeks ago, another fire in Malibu, California destroyed
35 homes and forced the evacuation of hundreds of residents. Two of the
October fires, the Santiago fire in Orange County and the Buckweed fire
in Los Angeles, we now know were set deliberately.
Many arsonists begin by starting small fires and then escalate to
larger and larger fires to increase their sense of excitement.
Unfortunately, only 17.1 percent of arson offenses result in
convictions nationwide because the evidence needed to convict these
arsonists is often destroyed in the fire.
As arsonists become more sophisticated in their technique,
identifying them and prosecuting them becomes more challenging. Each
year, an estimated 267,000 fires are caused by arson. In recent years,
arson has been used to burn churches and protest urban sprawl. But the
ongoing threat remains those who set fires to get a rush and feed a
compulsion.
We may never be able to fully prevent wildfires, but we can implement
tools to help prevent arsonists, particularly serial arsonists, from
eluding law enforcement and escaping punishment.
The MATCH Act creates a national arson registry and requires criminal
arsonists to report where they live, work, and go to school. In
addition, the bill requires the national database to include finger and
palm prints and an up-to-date photograph. The MATCH Act will assist law
enforcement officials with identifying and apprehending arsonists,
particularly serial arsonists and eco-terrorists.
I want to once again thank Congresswoman Bono and Congressman Schiff
for working with the committee staff to make a number of important
bipartisan changes to the original bill.
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I am pleased to recognize a distinguished
member of the Judiciary Committee from California, Mr. Adam Schiff, and
would grant him as much time as he may consume.
Mr. SCHIFF. I thank the gentleman for yielding.
Mr. Speaker, I rise today in support of H.R. 1759, the Managing Arson
Through Criminal History Act, or the MATCH Act. This is legislation
that my colleague, Congresswoman Mary Bono, and I introduced earlier
this year to create a national registry of arsonists that would give
law enforcement officers an important tool to track arsonists and share
information across jurisdictions.
I want to thank Mrs. Bono for her leadership on this issue. I also
want to thank the chairman of our committee for moving this bill
through the committee and the majority leader for bringing it before us
today.
In October of this year, the Nation saw the destruction caused by
fires in southern California. Over 1,500 homes were destroyed, half a
million acres of land burned, seven people died, and more than 85 were
injured, including 61 firefighters. These brave heroes put their lives
on the line every day to protect people, homes and wildlife.
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The MATCH Act would create a national registry and require convicted
arsonists to report where they live, work, and go to school. And the
database would include photographs, fingerprints, vehicle information
and other information on the arsonist. The length of time that an
arsonist would be required to register is based on how many acts of
arson they have committed: 5 years for one offense, 10 years for two,
and lifetime for a serial arsonist who has committed three or more
offenses. The information would only be made available to law
enforcement agencies, not the general public. Most important, when a
convicted arsonist updates his or her information with a change of
residence, notification would be sent to the appropriate law
enforcement agencies.
When arson has occurred, it's critical to find and find quickly the
individual involved to prevent future acts of arson and to prosecute
the one responsible. Frequently arsonists use the same trademark tools,
such as a unique incendiary device, a manner of starting a fire, or
similar targets, such as houses of worship or even auto dealerships. In
a case where the arsonist may have come from one place or a State to
commit the act of arson, the information in the database will give law
enforcement an important tool to identify convicted arsonists that may
be connected to the very similar act of arson. Most importantly, the
registration can also prevent future acts of arson by requiring
convicted arsonists to update their information when they move or
change jobs or schools. In addition to putting law enforcement on
notice, this also lets the convicted arsonists know they can't hide
from law enforcement for the purpose of committing another act of
arson.
When I was a prosecutor in the U.S. Attorney's office in Los Angeles,
I worked on an arson investigation that really brings to mind for me
the merit of this bill. That case demonstrates how an arsonist registry
would be of great benefit. This was a situation where someone was
setting a string of fires in the San Bernardino forest. The individual
used a unique incendiary device that he could throw in the brush and
drive far away before the brush would be ignited. They couldn't catch
the culprit in the act and eventually succeeded in tracking him down
through the use of video surveillance and a complex investigation. The
suspect was arrested and interviewed and admitted to setting fires in
the taped interview. However, the tape recording malfunctioned and the
confession was lost along with most of the case. As we pursued the
investigation, we found a probation officer of the suspect from many
years earlier who found his records in his basement storage. The file
on the suspect detailed that many years earlier he had set fires using
the same incendiary device. When confronted with the evidence, the
suspect pled guilty. If we had a national arsonist registry at the
time, we would have known of convicted arsonists who lived in the
region. We would have known their modus operandi. We may have been able
to stop him before he committed several later fires. Keeping your
records in the basement is not a successful law enforcement strategy;
the national arsonist registry created through the MATCH Act is.
Again, I want to compliment my colleague Mary Bono. Thank you very
much for your leadership on this. It's very important to all
Californians.
And, Mr. Chairman, we are very grateful for your moving this bill
through committee so quickly in such a bipartisan spirit.
Mr. FORBES. Mr. Speaker, it is now my privilege to yield such time as
she may consume to the gentlewoman from California, Congresswoman Bono,
who has worked so hard on this matter and seen firsthand the effects
arsonists can have.
Mrs. BONO. Mr. Speaker, I am pleased to rise in support of the
Managing Arson Through Criminal History, or MATCH Act, H.R. 1759.
As a Member from California, I was heartened by the support that our
delegation received from this House during the tragic fires that
recently swept through our State. As many of you know, some of those
fires are being investigated as arson. But it was not these very recent
events that inspired the legislation that we are considering today.
Just a little over a year ago, my community was devastated by what
was known as the Esperanza fire. This fire not only wreaked havoc on
the surrounding land and homes, but ultimately cost the lives of five
very brave
[[Page H14198]]
United States Forest Service firefighters. The fire that cost those men
their lives was a result of a despicable act of arson.
Subsequent conversations with firefighters and chiefs in my district
led to the creation of this bill. They told me how a central database
would provide them with invaluable information in tracking arsonists
and, more especially, serial arsonists. Clearly, more help is needed in
the tracking of this dangerous crime. Although arson fires account for
the majority of the fires in the United States, the arrest and
conviction rate is less than 20 percent.
I can share statistic after statistic about the damage caused by
arson, the millions of dollars lost and grand totals of people, but
what those numbers fail to convey are the stories of individuals; the
hundreds of families in Southern California who will have nowhere to
celebrate the holidays this year or the veteran who lost his war medals
and mementos before he could share them with his grandchildren, the
baby pictures, the refrigerator art, the family rocking chair, the
things that no insurance policy could possibly replace and that no one
else will ever truly understand.
It is our duty as Members of Congress to provide what tools and
infrastructure we can to aid in both the prevention of this crime and
speedy apprehension of those who choose to commit it.
The MATCH Act combines the efforts of the Federal, State, and local
governments to combat the crime of arson by creating a national arson
registry. The registry requires criminal arsonists to report where they
live, work and go to school. In addition to that information, the
database will include finger and palm prints of the arsonist and an up-
to-date photograph. This legislation will provide an important tool to
law enforcement officers by enabling them to effectively track
arsonists regardless of where they live and to share that information
across jurisdictions.
I, like all of my colleagues in this House, am anxious to provide
what tools and support we can to combat the despicable crime of arson.
It is my sincere belief that the MATCH Act will make a meaningful
difference in the way we approach and deal with arson offenders.
I would like to especially thank Chairman Scott and Ranking Member
Forbes of the Judiciary Subcommittee on Crime, Terrorism, and Homeland
Security. They worked with me and my colleague Adam Schiff to ensure
that the legislation was expeditiously moved through the legislative
process and that concerns were addressed. I would also like to thank
Chairman Conyers and Ranking Member Smith, along with their terrific
staff and Taryn Nader on my staff for their efforts and hard work in
bringing this bill before us today. Finally, I would like to thank my
good friend and colleague Adam Schiff for his partnership on this
important issue.
Mr. CONYERS. Mr. Speaker, it is my pleasure now to yield such time as
he may consume to the chairman of the Crime Committee on the Judiciary,
my good friend Bobby Scott.
Mr. SCOTT of Virginia. I thank the gentleman for yielding.
Mr. Speaker, arson is indeed a very serious problem, costing over $1
billion in property damage annually and endangering the lives of
citizens and especially our firefighters. Arson has also one of the
lowest arrest and conviction rates, and law enforcement needs new tools
to enhance their capabilities to solve arson crimes.
Unfortunately, the evidence presented in committee was that the State
of California already has a registry similar to the one contemplated in
the bill and no arsons have been solved by that database.
Furthermore, Mr. Speaker, I would need to point out another concern I
have with H.R. 1759 in its current form. That concern relates to the
treatment of juveniles under the proposed bill. Juveniles who are
charged and convicted as adults for arson offenses would be required to
register in the newly created arson offender registry. As research
clearly indicates, of all offenders, juveniles are the least culpable
due to immature brain development, and they have the greatest capacity
for rehabilitation. Branding them as an offender in a State or national
register is not only improper, it's counterproductive.
Requiring young offenders to register in a State or national offender
database counters the concept of ensuring the proper development of
juveniles because it is inconsistent with rehabilitative efforts.
Although H.R. 1759 properly ensures that only law enforcement will have
access to information on the registries, law enforcement officers will
undoubtedly use the information to label and target youth for further
arrests. Once law enforcement has certain youngsters on their radar,
those youngsters would be targets and more likely to be arrested and
prosecuted for even minor nonviolent conduct because law enforcement
officials have their names on a list.
In summary, I agree that law enforcement needs effective tools to
combat the devastation of arson causes, and I want to thank the
gentlewoman from California for her hard work in developing the bill
and making many improvements in the bill from its original form.
However, I still have concerns about the cost effectiveness of the
proposal in the bill as well as concerns, the impact the legislation
will have on juvenile offenders.
Mr. FORBES. Mr. Speaker, I yield back the balance of my time.
Mr. CONYERS. Mr. Speaker, I would close by holding out my hand of
cooperation to my chairman of the Crime Subcommittee because I know he
has been working carefully with the leaders of this bill and we have
accepted some of his recommendations, and it will be my pleasure to
make sure that we consider the points that he has made here this
afternoon.
So with that I am very pleased to urge the support of this measure
that's before us. I think it is important and timely and will be very
constructive.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Conyers) that the House suspend the rules
and pass the bill, H.R. 1759, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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