[Congressional Record Volume 155, Number 132 (Thursday, September 17, 2009)]
[Senate]
[Pages S9556-S9562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 1684. A bill to establish guidelines and incentives for States to 
establish criminal arsonist and criminal bomber registries and to 
require the Attorney General to establish a national criminal arsonist 
and criminal bomber registry program, and for other purposes; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am pleased to join with 
Senator Boxer in introducing the Managing Arson Through Criminal 
History, MATCH, Act of 2009. This bill is a companion to a bill 
introduced in the House of Representatives by Representatives Bono Mack 
and Schiff.
  The bill would establish Federal and State arson registries; require 
convicted arsonists and bombers to register and update certain 
specified information for 5 years after a first conviction, 10 years 
after a second conviction, and for life after a third conviction; and 
authorize grants and incentives through the Department of Justice so 
that these registries will be operational within 3 years.
  Southern California just went through one of the worst fire disasters 
in its history. The Station Fire destroyed 160,500 acres, destroyed 
more than 80 homes and threatened more than 12,000 homes. Right now, 
the fire is still burning in wilderness areas on its eastern flank in 
the Angeles National Forest.
  Two firefighters, Fire Captain Tedmund ``Ted'' Hall, 47, of San 
Bernardino County, and Firefighter Specialist Arnaldo ``Arnie'' 
Quinones, 34, of Palmdale, served with dedication and courage. They 
were killed August 30th when their truck slipped off a winding dirt 
road high in the Angeles National Forest. Officials believe the truck 
might have been overrun by flames from the wildfire.
  Though the incident is still under investigation, officials believe 
that Hall and Quinones may have ordered dozens of people to seek 
shelter while they fought through active flames to search for an escape 
route.
  There is no doubt that the Station Fire, the largest wildfire in the 
history of Los Angeles County, was the result of arson after 
investigators examined forensic evidence from scorched landscape off 
Angeles Crest Highway. The spot is believed to be the source of origin 
of the Station fire and investigators have found incendiary material 
near the site.
  This was a disaster of massive proportions--preliminary estimates 
indicate that these fires will cost $100 million. In these tough 
economic times, this cost and its effect on the economy of California 
is enormous and will have an impact for years to come.
  Although the Federal Government may foot 80 to 90 percent of the bill 
for fighting the fire, which broke out in national parkland, the 
state's share will hit at a time when California is in the grip of a 
fiscal crisis.
  Unfortunately, this is not the first or last time that a wildfire in 
California is started by an arsonist. It doesn't need to be that way. 
The bill that I introduce today--the MATCH Act would assist fire 
investigators and law enforcement officials by giving them up-to-date 
information on potential arsonists and bombers.
  The bill would require convicted arsonists and bombers to register 
and regularly update their personal information in a new arsonist 
registry. In the future this will allow law enforcement and fire 
investigators to have an accessible database they can use to either 
find or rule out people of interest.
  This will allow them to more easily complete their investigations, 
find the person responsible, and ensure that more wildfires won't get 
started intentionally.
  This bill represents common-sense legislation that will help law 
enforcement officers do their jobs. Hundreds of firefighters worked on 
controlling the Station Fire. We owe it to these brave men and women 
who put their lives on the line--and others like them who will do so in 
the future--to give fire investigators this important new tool, so they 
can help bring arsonists and bombers to justice.
  I urge my colleagues to support this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1684

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

     SECTION 1. SHORT TITLE.

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

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

       (a) Registry Requirements for Jurisdictions.--
       (1) Jurisdiction to maintain a registry.--Each jurisdiction 
     shall establish and maintain a jurisdiction-wide arsonist and 
     bomber registry in accordance with this section.
       (2) Guidelines and regulations.--The Attorney General shall 
     issue guidelines and regulations to carry out this section.
       (b) Registry Requirements for Criminal Arsonists and 
     Bombers.--
       (1) In general.--A criminal arsonist or criminal bomber 
     shall register, and shall keep the registration current in 
     accordance with paragraph (3), in each jurisdiction in which 
     the criminal arsonist or criminal bomber resides, is an 
     employee, or is a student.
       (2) Initial registration.--A criminal arsonist or criminal 
     bomber shall initially register--
       (A) in addition to any jurisdiction described in paragraph 
     (1), in the jurisdiction in which the criminal arsonist or 
     criminal bomber was convicted; and
       (B)(i) before completing a sentence of imprisonment with 
     respect to the arson offense or bombing offense giving rise 
     to the registration requirement; or
       (ii) not later than 5 business days after being sentenced 
     for the arson offense or bombing offense giving rise to the 
     registration requirement, if the criminal arsonist or 
     criminal bomber is not sentenced to a term of imprisonment.
       (3) Keeping the registration current.--
       (A) In general.--Not later than 10 business days after each 
     change of name, residence,

[[Page S9560]]

     employment, or student status, a criminal arsonist or 
     criminal bomber shall appear in person in at least 1 
     jurisdiction described in paragraph (1) and inform the 
     jurisdiction of all changes in the information required for 
     that criminal arsonist or criminal bomber in the arsonist and 
     bomber registry involved.
       (B) Provision to other jurisdictions.--A jurisdiction 
     receiving information under subparagraph (A) shall 
     immediately provide the revised information to all other 
     jurisdictions in which the criminal arsonist or criminal 
     bomber is required to register.
       (4) Application of registration requirements.--
       (A) In general.--Except as provided in the guidelines 
     established under subparagraph (B), the requirements of this 
     section, including the duties to register and to keep a 
     registration current, shall apply only to a criminal arsonist 
     or criminal bomber who was--
       (i) convicted of an arson offense or a bombing offense on 
     or after the date of enactment of this Act; and
       (ii) notified of the duties and registered in accordance 
     with subsection (f).
       (B) Application to criminal arsonists or criminal bombers 
     unable to comply with paragraph (2)(B).--
       (i) Guidelines.--The Attorney General shall establish 
     guidelines in accordance with this subparagraph for each 
     jurisdiction for--

       (I) the application of the requirements of this section to 
     criminal arsonists or criminal bombers convicted before the 
     date of the enactment of this Act, or the date of the 
     implementation of this section in such a jurisdiction; and
       (II) the registration of any criminal arsonist or criminal 
     bomber described in subclause (I) who is otherwise unable to 
     comply with paragraph (2)(B).

       (ii) Information required to be included in registry.--With 
     respect to each criminal arsonist or criminal bomber 
     described in clause (i) convicted of an arson offense or 
     bombing offense during the 10-year period ending on the date 
     of enactment of this Act, the guidelines under clause (i) 
     shall provide for the inclusion in the arsonist and bomber 
     registry of each applicable jurisdiction (and, in accordance 
     with subsection (j), the provision by the jurisdiction to 
     each entity described in subsection (j)) of--

       (I) the name of the criminal arsonist or criminal bomber 
     (including any alias used by the individual);
       (II) the Social Security number of the individual;
       (III) the most recent known address of the residence at 
     which the individual has resided;
       (IV) a physical description of the individual;
       (V) the text of the provision of law establishing the arson 
     offense or bombing offense giving rise to the duty of the 
     individual to register;
       (VI) a set of fingerprints and palm prints of the 
     individual;
       (VII) a photocopy of a valid driver's license or 
     identification card issued to the individual by a 
     jurisdiction, if available; and
       (VIII) any other information required by the Attorney 
     General.

       (iii) Notice required.--The guidelines under clause (i) 
     shall require notice to each criminal arsonist or criminal 
     bomber included in an arsonist and bomber registry pursuant 
     to this subparagraph of such inclusion.
       (5) State penalty for failure to comply.--Each 
     jurisdiction, other than a Federally recognized Indian tribe, 
     shall provide a criminal penalty that includes a maximum term 
     of imprisonment that is greater than 1 year for the failure 
     of a criminal arsonist or criminal bomber to comply with the 
     requirements of this section.
       (6) Authority to exempt certain individuals from registry 
     requirements.--A jurisdiction may exempt a criminal arsonist 
     or criminal bomber who has been convicted of an arson offense 
     or a bombing offense for the first time from the registration 
     requirements under this section in exchange for the 
     substantial assistance of the individual in the investigation 
     or prosecution of another person who has committed a criminal 
     offense. The Attorney General shall ensure that any 
     regulations promulgated under this section include guidelines 
     establishing criteria regarding when it is appropriate to 
     exempt an individual from the registration requirements under 
     this section.
       (c) Information Required in Registration.--
       (1) Provided by arsonist or bomber.--A criminal arsonist or 
     criminal bomber shall provide to the appropriate officer of a 
     jurisdiction in which the individual is required to register 
     for inclusion in the arsonist and bomber registry of the 
     jurisdiction--
       (A) the name of the individual (including any alias used by 
     the individual);
       (B) the Social Security number of the individual;
       (C) the address of each residence at which the individual 
     resides or will reside;
       (D) the name and address of any place where the individual 
     is an employee or will be an employee;
       (E) the name and address of any place where the individual 
     is a student or will be a student;
       (F) the license plate number and a description of any 
     vehicle owned or operated by the individual; and
       (G) any other information required by the Attorney General.
       (2) Provided by the jurisdiction.--The jurisdiction in 
     which a criminal arsonist or criminal bomber registers shall 
     ensure that the arsonist and bomber registry of the 
     jurisdiction includes--
       (A) a physical description of the individual;
       (B) the text of the provision of law establishing the arson 
     offense or bombing offense giving rise to the duty of the 
     individual to register;
       (C) the criminal history of the individual, including the 
     date of all arrests and convictions, the status of parole, 
     probation, or supervised release, registration status, and 
     the existence of any outstanding arrest warrants for the 
     individual;
       (D) a current photograph of the individual;
       (E) a set of fingerprints and palm prints of the 
     individual;
       (F) a photocopy of a valid driver's license or 
     identification card issued to the individual by a 
     jurisdiction; and
       (G) any other information required by the Attorney General.
       (d) Duration of Registration Requirement; Expunging 
     Registries of Information for Certain Juvenile Criminals.--
       (1) Duration of registration requirement.--A criminal 
     arsonist or criminal bomber shall keep the registration 
     information provided under subsection (c) current in 
     accordance with subsection (b)(3) for the full registration 
     period.
       (2) Expunging registries of information for certain 
     juvenile criminals.--
       (A) In general.--In the case of a criminal arsonist or 
     criminal bomber described in subparagraph (B), a jurisdiction 
     shall expunge the arson and bomber registry of the 
     jurisdiction of information relating to the criminal arsonist 
     or criminal bomber on the date that is 5 years after the last 
     day of the full registration period for the criminal arsonist 
     or criminal bomber.
       (B) Criminal arsonist or bomber described.--A criminal 
     arsonist or criminal bomber described in this subparagraph is 
     a criminal arsonist or criminal bomber who--
       (i) was a juvenile tried as an adult for the arson offense 
     or bombing offense giving rise to the duty of the individual 
     to register under this section; and
       (ii) was not convicted of any other felony during the 
     period beginning on the first day of the full registration 
     period for the criminal arsonist or criminal bomber and 
     ending on the last day of the 5-year period described in 
     subparagraph (A).
       (C) Application to other databases.--The Attorney General 
     shall establish a process to ensure that each entity that 
     receives information under subsection (j) with respect to a 
     criminal arsonist or criminal bomber described in 
     subparagraph (B) shall expunge the applicable database of the 
     information on the date that is 5 years after the last day of 
     the full registration period for the criminal arsonist or 
     criminal bomber.
       (e) Annual Verification.--Not less than once during each 
     calendar year during the full registration period, a criminal 
     arsonist or criminal bomber required to register under this 
     section shall--
       (1) appear in person at not less than 1 jurisdiction in 
     which the individual is required to register;
       (2) allow the jurisdiction to take a photograph of the 
     individual; and
       (3) while present at the jurisdiction, verify the 
     information in each arsonist and bomber registry in which the 
     individual is required to be registered.
       (f) Duty To Notify Criminal Arsonists and Criminal Bombers 
     of Registration Requirements and to Register.--
       (1) In general.--An appropriate officer shall, shortly 
     before release of a criminal arsonist or criminal bomber from 
     custody, or, if the individual is not in custody, immediately 
     after the sentencing of the individual for the arson offense 
     or bombing offense giving rise to the duty of the individual 
     to register--
       (A) inform the individual of the duties of the individual 
     under this section and explain those duties in a manner that 
     the individual can understand in light of the native 
     language, mental capability, and age of the individual;
       (B) ensure that the individual understands the registration 
     requirement, and if so, require the individual to read and 
     sign a form stating that the duty to register has been 
     explained and that the individual understands the 
     registration requirement;
       (C) if the individual is unable to understand the 
     registration requirements, sign a form stating that the 
     individual is unable to understand the registration 
     requirements; and
       (D) ensure that the individual is registered in accordance 
     with this section.
       (2) Notification of criminal arsonists and criminal bombers 
     who cannot comply with paragraph (1).--The Attorney General 
     shall prescribe rules to ensure the notification and 
     registration in accordance with this section of criminal 
     arsonists and criminal bombers who cannot be registered in 
     accordance with paragraph (1).
       (g) Access to 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 
     and criminal bomber in the arsonist and bomber registry of 
     the jurisdiction.

[[Page S9561]]

       (2) Coordination with national database.--Each jurisdiction 
     shall--
       (A) ensure that the Internet site of the jurisdiction 
     described in paragraph (1) includes all field search 
     capabilities needed for full participation in the national 
     Internet site established under subsection (i); and
       (B) participate in the national Internet site established 
     under subsection (i) in accordance with regulations 
     promulgated by the Attorney General under this section.
       (3) Prohibition on access by the public.--Information about 
     a criminal arsonist or criminal bomber shall not be made 
     available on the Internet to the public under paragraph (1).
       (4) Mandatory exemptions.--A jurisdiction shall exempt from 
     disclosure on the Internet site of the jurisdiction described 
     in paragraph (1)--
       (A) any information about a criminal arsonist or criminal 
     bomber involving conviction for an offense other than the 
     arson offense or bombing offense giving rise to the duty of 
     the individual to register;
       (B) if the criminal arsonist or criminal bomber is 
     participating in a witness protection program, any 
     information about the individual the release of which could 
     jeopardize the safety of the individual or any other person; 
     and
       (C) any other information identified as a mandatory 
     exemption from disclosure by the Attorney General.
       (5) Optional exemptions.--A jurisdiction may exempt from 
     disclosure on the Internet site of the jurisdiction described 
     in paragraph (1)--
       (A) the name of an employer of a criminal arsonist or 
     criminal bomber; and
       (B) the name of an educational institution where a criminal 
     arsonist or criminal bomber is a student.
       (6) Correction of errors.--The Attorney General shall 
     establish guidelines to be used by each jurisdiction to 
     establish a process to seek correction of information 
     included in the Internet site of the jurisdiction described 
     in paragraph (1) if an individual contends the information is 
     erroneous. The guidelines established under this paragraph 
     shall establish the period, beginning on the date on which an 
     individual has knowledge of the inclusion of information in 
     the Internet site, during which the individual may seek the 
     correction of the information.
       (7) Warning.--An Internet site of a jurisdiction described 
     in paragraph (1) shall include a warning that--
       (A) information on the site is to be used for law 
     enforcement purposes only and may only be disclosed in 
     connection with law enforcement purposes; and
       (B) any action in violation of subparagraph (A) may result 
     in a civil or criminal penalty.
       (h) National Criminal Arsonist and Criminal Bomber 
     Registry.--
       (1) In general.--The Attorney General shall maintain a 
     national database at the Bureau of Alcohol, Tobacco, 
     Firearms, and Explosives that includes relevant information 
     for each criminal arsonist or criminal bomber (including any 
     information provided under subsection (j)). The database 
     shall be known as the National Criminal Arsonist and Criminal 
     Bomber Registry.
       (2) Electronic forwarding.--The Attorney General shall 
     ensure (through the national registry maintained under this 
     subsection or otherwise) that updated information about a 
     criminal arsonist or criminal bomber is immediately 
     transmitted by electronic forwarding to all relevant 
     jurisdictions.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Attorney General to carry out this 
     subsection such sums as may be necessary for each of fiscal 
     years 2010 through 2014.
       (i) National Arsonist and Bomber Internet Site.--
       (1) In general.--The Attorney General shall establish and 
     maintain a national arsonist and bomber Internet site. The 
     Internet site shall include relevant information for each 
     criminal arsonist or criminal bomber. The Internet site shall 
     allow law enforcement officers and fire safety officers to 
     obtain relevant information for each criminal arsonist or 
     criminal bomber by a single query for any given zip code or 
     geographical radius set by the user in a form and with such 
     limitations as may be established by the Attorney General and 
     shall have such other field search capabilities as the 
     Attorney General may provide.
       (2) Prohibition on access by the public.--Information about 
     a criminal arsonist or criminal bomber shall not be made 
     available on the Internet to the public under paragraph (1).
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Attorney General to carry out this 
     subsection such sums as may be necessary for each of fiscal 
     years 2010 through 2014.
       (j) Notification Procedures.--
       (1) In general.--Immediately after a criminal arsonist or 
     criminal bomber registers in the arsonist and bomber registry 
     of a jurisdiction, or updates a registration in the arsonist 
     and bomber registry of a jurisdiction, an appropriate officer 
     of the jurisdiction shall provide the information in the 
     arsonist and bomber registry (other than information exempted 
     from disclosure by this section or the Attorney General) 
     about the individual to the entities described in paragraph 
     (2).
       (2) Entities.--The entities described in this paragraph 
     are--
       (A) the Attorney General;
       (B) appropriate law enforcement agencies (including 
     probation agencies, if applicable) in each area in which the 
     criminal arsonist or criminal bomber resides, is an employee, 
     or is a student;
       (C) each jurisdiction in which the criminal arsonist or 
     criminal bomber resides, is an employee, or is a student; and
       (D) each jurisdiction from or to which a change of 
     residence, employment, or student status occurs.
       (k) Actions To Be Taken When Criminal Arsonist or Criminal 
     Bomber Fails To Comply.--
       (1) Jurisdictions.--An appropriate officer of a 
     jurisdiction shall--
       (A) notify the Attorney General and appropriate law 
     enforcement agencies if a criminal arsonist or criminal 
     bomber fails to comply with the requirements of the arsonist 
     and bomber registry of the jurisdiction; and
       (B) revise the arsonist and bomber registry of the 
     jurisdiction to reflect the nature of the failure.
       (2) Ensuring compliance.--If a criminal arsonist or 
     criminal bomber fails to comply with the requirements of the 
     arsonist and bomber registry of a jurisdiction, an 
     appropriate officer of the jurisdiction, the Attorney 
     General, and any law enforcement agency notified under 
     paragraph (1)(A) shall take any appropriate action to ensure 
     compliance.
       (l) Development and Availability of Registry Management and 
     Website Software.--
       (1) Duty to develop and support.--In consultation with the 
     jurisdictions, the Attorney General shall develop and support 
     software to enable jurisdictions to establish and operate 
     arsonist and bomber registries and Internet sites described 
     in subsection (g).
       (2) Criteria.--The software described in paragraph (1) 
     shall facilitate--
       (A) immediate exchange of information among jurisdictions;
       (B) access over the Internet to appropriate information, 
     including the number of registered criminal arsonists or 
     criminal bombers in each jurisdiction;
       (C) full compliance with the requirements of this section; 
     and
       (D) communication of information as required under 
     subsection (j).
       (3) Deadline.--Not later than 2 years after the date of 
     enactment of this Act, the Attorney General shall make 
     available to jurisdictions a fully operational edition of the 
     software described in paragraph (1).
       (m) Period for Implementation by Jurisdictions.--
       (1) Deadline.--A jurisdiction shall implement this section 
     not later than the later of--
       (A) 3 years after the date of enactment of this Act; or
       (B) 1 year after the date on which the software described 
     in subsection (l) is made available to the jurisdiction.
       (2) Extensions.--The Attorney General may make not more 
     than 2 1-year extensions of the deadline under paragraph (1) 
     for a jurisdiction.
       (3) Failure of jurisdiction to comply.--For any fiscal year 
     after the expiration of the deadline specified in paragraph 
     (1) (including any extension under paragraph (2)), that a 
     jurisdiction fails to substantially implement this section, 
     as determined by the Attorney General, the jurisdiction shall 
     not receive 10 percent of the funds that would otherwise be 
     allocated for that fiscal year to the jurisdiction under 
     subpart 1 of part E of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).
       (n) Election by Indian Tribes.--
       (1) Election.--
       (A) In general.--A federally recognized Indian tribe may, 
     by resolution or other enactment of the tribal council or 
     comparable governmental body, elect to carry out this section 
     as a jurisdiction subject to its provisions.
       (B) Implementation.--A federally recognized Indian tribe 
     that, as of the date that is 1 year after the date of 
     enactment of this Act, has not made an election described in 
     subparagraph (A) shall, by resolution or other enactment of 
     the tribal council or comparable governmental body, enter 
     into a cooperative agreement to arrange for a jurisdiction to 
     carry out any function of the tribe under this section until 
     such time as the tribe elects to carry out this section.
       (2) Cooperation between tribal authorities and other 
     jurisdictions.--
       (A) Nonduplication.--A federally recognized Indian tribe 
     subject to this section is not required to duplicate 
     functions under this section that are fully carried out by 1 
     or more jurisdictions within which the territory of the tribe 
     is located.
       (B) Cooperative agreements.--A federally recognized Indian 
     tribe, through cooperative agreements with 1 or more 
     jurisdictions within which the territory of the tribe is 
     located, may--
       (i) arrange for the tribe to carry out any function of the 
     jurisdiction under this section with respect to criminal 
     arsonists or criminal bombers subject to the jurisdiction of 
     the tribe; and
       (ii) arrange for the jurisdiction to carry out any function 
     of the tribe under this section with respect to criminal 
     arsonists and criminal bombers subject to the jurisdiction of 
     the tribe.

[[Page S9562]]

       (3) Law enforcement authority in indian country.--
     Enforcement of this section in Indian country, as defined in 
     section 1151 of title 18, United States Code, shall be 
     carried out by the Federal Government, tribal governments, 
     and State governments under jurisdictional authorities in 
     effect on the date of enactment of this Act.
       (o) Immunity for Good Faith Conduct.--The Federal 
     Government, a jurisdiction, a political subdivision of a 
     jurisdiction, and an agency, officer, employee, and agent of 
     the Federal Government, a jurisdiction, or a political 
     subdivision of a jurisdiction shall not be held liable in any 
     Federal or State court for any good faith conduct to carry 
     out this section.
       (p) Criminal Arsonist and Criminal Bomber Management 
     Assistance Program.--
       (1) In general.--The Attorney General shall establish and 
     implement a Criminal Arsonist and Bomber Management 
     Assistance program (in this subsection referred to as the 
     ``Assistance Program''), under which the Attorney General may 
     make grants to jurisdictions to offset the costs of 
     implementing this section.
       (2) Application.--A jurisdiction desiring a grant under 
     this subsection for a fiscal year shall submit to the 
     Attorney General an application in such form and containing 
     such information as the Attorney General may require.
       (3) Increased grant payments for prompt compliance.--
       (A) In general.--A jurisdiction that, as determined by the 
     Attorney General, has substantially implemented this section 
     not later than 2 years after the date of enactment of this 
     Act is eligible for a bonus payment in addition to the amount 
     of a grant to the jurisdiction under paragraph (1). The 
     Attorney General may make a bonus payment to a jurisdiction 
     for the first fiscal year beginning after the date on which 
     the Attorney General determines the jurisdiction has 
     substantially implemented this section.
       (B) Amount.--A bonus payment under this paragraph shall 
     be--
       (i) if the Attorney General determines that the 
     jurisdiction has substantially implemented this section not 
     later than the date that is 1 year after the date of 
     enactment of this Act, in an amount equal to 10 percent of 
     the amount of a grant to the jurisdiction under paragraph (1) 
     for the fiscal year in which the bonus payment is made; and
       (ii) if the Attorney General determines that the 
     jurisdiction has substantially implemented this section after 
     the date that is 1 year after the date of the enactment of 
     this Act, and not later than 2 years after the date of 
     enactment of this Act, in an amount equal to 5 percent of the 
     amount of a grant to the jurisdiction under paragraph (1) for 
     the fiscal year in which the bonus payment is made.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to the Attorney General to carry out this 
     subsection such sums as may be necessary for each of fiscal 
     years 2010 through 2014.
       (q) Definitions.--In this section:
       (1) Arsonist and bomber registry.--The term ``arsonist and 
     bomber registry'' means a registry of criminal arsonists and 
     criminal bombers, and a notification program, maintained by a 
     jurisdiction under this section.
       (2) Arson offense.--The term ``arson offense'' means any 
     criminal offense for committing arson, attempting arson, or 
     conspiracy to commit arson in violation of the laws of the 
     jurisdiction in which the offense was committed or the laws 
     of the United States.
       (3) Bombing offense.--The term ``bombing offense'' means 
     any criminal offense for committing a bombing, attempting a 
     bombing, or conspiracy to commit a bombing in violation of 
     the laws of the jurisdiction in which the offense was 
     committed or the laws of the United States.
       (4) Criminal arsonist.--The term ``criminal arsonist''--
       (A) means an individual who is convicted of an arson 
     offense; and
       (B) does not include a juvenile who is convicted of an 
     arson offense unless the juvenile was tried as an adult for 
     the arson offense.
       (5) Criminal bomber.--The term ``criminal bomber''--
       (A) means an individual who is convicted of a bombing 
     offense; and
       (B) does not include a juvenile who is convicted of a 
     bombing offense unless the juvenile was tried as an adult for 
     the bombing offense.
       (6) Criminal offense.--The term ``criminal offense'' means 
     a Federal, State, local, tribal, foreign, or military offense 
     (to the extent specified by the Secretary of Defense under 
     section 115(a)(8)(C)(i) of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1998 (Public Law 105-119; 10 U.S.C. 951 
     note)) or other criminal offense.
       (7) Employee.--The term ``employee'' includes an individual 
     who is self-employed or works for any other entity, whether 
     compensated or not.
       (8) Fire safety officer.--The term ``fire safety officer'' 
     means an individual serving in an official capacity as a 
     firefighter, fire investigator, or other arson investigator, 
     as defined by the jurisdiction for the purposes of this 
     section.
       (9) Full registration period.--
       (A) In general.--The term ``full registration period'' 
     means the period--
       (i) beginning on the later of--

       (I) the date on which an individual is convicted of an 
     arson offense or bombing offense;
       (II) the date on which an individual is released from 
     custody for conviction of an arson offense or bombing 
     offense; or
       (III) the date on which an individual is placed on parole, 
     supervised release, or probation for an arson offense or 
     bombing offense; and

       (ii) ending--

       (I) for an individual who has been convicted of an arson 
     offense or bombing offense for the first time, 5 years after 
     the date described in clause (i);
       (II) for an individual who has been convicted of an arson 
     offense or bombing offense for the second time, 10 years 
     after the date described in clause (i); and
       (III) for an individual who has been convicted of an arson 
     offense or bombing offense more than twice, on the date on 
     which the individual dies.

       (B) Exclusion of time in custody.--Any period during which 
     an individual is in custody shall not be included in 
     determining the end of the period under subparagraph (A).
       (10) Jurisdiction.--The term ``jurisdiction'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands;
       (G) the Virgin Islands; and
       (H) to the extent provided in and subject to the 
     requirements of subsection (o), a federally recognized Indian 
     tribe.
       (11) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given that term in section 1204 of 
     the Omnibus Crime Control and Safe Street Act of 1968 (42 
     U.S.C. 3796b).
       (12) Resides.--The term ``resides'' means the location of 
     the home of an individual or other place where an individual 
     habitually lives.
       (13) Student.--The term ``student'' means an individual who 
     enrolls in or attends an educational institution (whether 
     public or private), including a secondary school, trade or 
     professional school, and institution of higher education.
                                 ______