[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

[[Page H14196]]

     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.

                              {time}  1430

  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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