[Congressional Record Volume 155, Number 139 (Wednesday, September 30, 2009)]
[House]
[Pages H10094-H10099]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      MANAGING ARSON THROUGH CRIMINAL HISTORY (MATCH) ACT OF 2009

  Mr. SCHIFF. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1727) to establish a national criminal arsonist and criminal 
bomber registry program and establish guidelines and incentives for 
States, territories and tribes to participate in such program, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1727

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

     SECTION 1. SHORT TITLE.

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

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

       (a) National Criminal Arsonist and Criminal Bomber Registry 
     and Internet Site.--
       (1) National criminal arsonist and criminal bomber 
     registry.--
       (A) In general.--The Attorney General shall maintain a 
     national database at the Bureau of Alcohol, Tobacco, Firearms 
     and Explosives for each criminal arsonist or criminal bomber. 
     The database shall be known as the National Criminal Arsonist 
     and Criminal Bomber Registry and shall be referred to in this 
     section as the ``National Registry''. Such registry shall be 
     used for law enforcement purposes only and information 
     maintained in such registry may only be disclosed in 
     connection with such purposes.
       (B) Electronic forwarding.--The Attorney General shall 
     ensure (through the national registry or otherwise) that 
     updated information about a criminal arsonist or criminal 
     bomber is immediately available to all relevant 
     jurisdictions.

[[Page H10095]]

       (C) Notification to jurisdictions.--The Attorney General 
     shall provide notification to a jurisdiction in which the 
     offender resides or will reside, is an employee, or is a 
     student. Immediately after the Attorney General receives 
     information (or updated information) under this section from 
     a jurisdiction for inclusion in the National Registry, with 
     respect to a criminal arsonist or criminal bomber, the 
     Attorney General shall ensure that such information (or 
     updated information), other than any information exempted 
     from disclosure by the Attorney General, is provided to each 
     jurisdiction in which the offender resides or will reside, is 
     an employee, or is a student.
       (2) National arsonist and bomber internet site.--
       (A) In general.--The Attorney General shall establish and 
     maintain a national arsonist and bomber Internet site. The 
     Internet site shall include relevant information for each 
     criminal arsonist or criminal bomber. The Internet site shall 
     allow law enforcement officers and fire safety officers to 
     obtain relevant information for each criminal arsonist or 
     criminal bomber by a single query for any given zip code or 
     geographical radius set by the user in a form and with such 
     limitations as may be established by the Attorney General and 
     shall have such other field search capabilities as the 
     Attorney General may provide.
       (B) Use for law enforcement purposes only.--The Internet 
     site established under subparagraph (1) shall include a 
     warning that information on the site is to be used for law 
     enforcement purposes only and may only be disclosed in 
     connection with such purposes. The warning shall note that 
     any action in violation of the previous sentence may result 
     in a civil or criminal penalty.
       (C) Exemptions from disclosure.--The Attorney General may 
     exempt from disclosure on the Internet site established under 
     this paragraph such information as the Attorney General deems 
     appropriate.
       (3) Prohibition on access by the public.--Information about 
     a criminal arsonist or criminal bomber shall not be made 
     available under paragraph (1) or (2) to the public.
       (4) Correction of errors.--The Attorney General shall 
     establish guidelines for a process to seek correction of 
     information included in the national database under paragraph 
     (1) or the Internet site under paragraph (2) in the case that 
     an individual contends such information is erroneous. Such 
     guidelines shall provide for an adequate period for the 
     individual to seek such correction of information.
       (5) Authorization of appropriations.--In addition to any 
     amounts otherwise authorized to be appropriated, there are 
     authorized to be appropriated to the Attorney General, to 
     carry out this subsection, such sums as may be necessary for 
     each of the fiscal years 2010 through 2014.
       (b) Registry Requirements for Jurisdictions.--
       (1) Jurisdiction to participate in national registry.--Each 
     jurisdiction shall participate in the National Registry by 
     providing information, with respect to criminal arsonists and 
     criminal bombers, to the National Registry in accordance with 
     this section. Such information, with respect to a criminal 
     arsonist or criminal bomber, shall be provided by a 
     jurisdiction--
       (A) to the Attorney General for inclusion in the National 
     Registry immediately after the criminal arsonist or criminal 
     bomber provides information (or provides updated 
     information), other than information exempted from disclosure 
     by the Attorney General, to the jurisdiction under this 
     section; and
       (B) in an electronic format as specified by the Attorney 
     General.
       (2) Guidelines and regulations.--The Attorney General shall 
     issue guidelines and regulations to interpret and implement 
     this section.
       (c) Registry Requirements for Criminal Arsonists and 
     Bombers.--
       (1) In general.--A criminal arsonist or criminal bomber 
     shall provide information described in subsection (d)(1) to 
     (and shall keep such information current with) each 
     jurisdiction where the criminal arsonist or criminal bomber 
     resides, where the criminal arsonist or criminal bomber is an 
     employee, and where the criminal arsonist or criminal bomber 
     is a student. For the initial provision of information only, 
     a criminal arsonist or criminal bomber shall also provide 
     such information to the jurisdiction in which the arsonist or 
     bomber was convicted if such jurisdiction is different from 
     the jurisdiction of residence.
       (2) Initial registration.--The criminal arsonist or 
     criminal bomber shall initially provide information described 
     in subsection (d)(1)--
       (A) before completing a sentence of imprisonment with 
     respect to the offense giving rise to the registration 
     requirement; or
       (B) not later than 5 business days after being sentenced 
     for that offense, if the criminal arsonist or criminal bomber 
     is not sentenced to a term of imprisonment.
       (3) Keeping the registration current.--A criminal arsonist 
     or criminal bomber shall, not later than 10 business days 
     after each change of name, residence, employment, or student 
     status, appear in person in at least one jurisdiction 
     involved pursuant to paragraph (1) and inform that 
     jurisdiction of all changes in the information required for 
     that criminal arsonist or criminal bomber for purposes of 
     inclusion in the National Registry. That jurisdiction shall 
     immediately provide the revised information to the National 
     Registry.
       (4) Application of registration requirements.--
       (A) Offender registration requirements applicable only 
     prospectively and with notification.--A criminal arsonist or 
     criminal bomber is required to provide information to a 
     jurisdiction, and to keep such information current, under 
     this section for inclusion in the National Registry only to 
     the extent--
       (i) that such criminal arsonist or criminal bomber--

       (I) was convicted of a criminal offense involving arson or 
     bombing on or after the date of the enactment of this Act; 
     and
       (II) was notified of such requirements in accordance with 
     subsection (g); and

       (ii) the jurisdiction involved participates in the National 
     Registry.
       (B) Jurisdiction of conviction required to submit 
     information on offenders convicted before date of enactment 
     and on those not notified.--
       (i) Guidelines.--The Attorney General shall establish 
     guidelines, in accordance with the provisions of this 
     subparagraph, under which each jurisdiction is required to 
     provide to the National Registry information described in 
     subsection (d)(2) with respect to--

       (I) each criminal arsonist or criminal bomber who was 
     convicted in such jurisdiction of a criminal offense 
     involving arson or bombing during the 10-year period ending 
     on the date of the enactment of this Act; and
       (II) each criminal arsonist or criminal bomber who was 
     convicted on or after the date of the enactment of the Act in 
     such jurisdiction of such an offense and who has not been 
     notified, in accordance with subsection (g), of the 
     requirements to provide information, and to keep such 
     information current, under this section.

       (ii) Notice required.--Under the guidelines established 
     under clause (i), a jurisdiction shall be required to provide 
     notice to each criminal arsonist or criminal bomber included 
     in the National Registry pursuant to this subparagraph of 
     such inclusion.
       (5) Actions to be taken when criminal arsonist or criminal 
     bomber fails to comply.--An appropriate official of each 
     jurisdiction shall notify the Attorney General and 
     appropriate law enforcement agencies of any failure by a 
     criminal arsonist or criminal bomber to provide information, 
     and keep such information current, under this section. The 
     Attorney General shall revise the National Registry to 
     reflect the nature of such failure. The appropriate official, 
     the Attorney General, and each law enforcement agency 
     involved shall take any appropriate action to ensure 
     compliance.
       (6) Authority to exempt certain persons from registry 
     requirements.--A jurisdiction shall have the authority to 
     exempt a criminal arsonist or criminal bomber who has been 
     convicted of the offense of arson or bombing in violation of 
     the laws of the jurisdiction in which the offense was 
     committed or the United States for the first time from the 
     requirements to provide information, and keep such 
     information current, under this section in exchange for the 
     person's substantial assistance in the investigation or 
     prosecution of another person who has committed an offense. 
     The Attorney General shall ensure that any regulations 
     promulgated under this section include guidelines that 
     reflect the general appropriateness of exempting the person 
     from the requirements of providing information, and keeping 
     such information current, under this section.
       (d) Information Required for Inclusion in National 
     Registry.--
       (1) Prospective convictions with notification.--
       (A) Provided by arsonist or bomber.--A criminal arsonist or 
     criminal bomber convicted of a criminal offense involving 
     arson or bombing on or after the date of the enactment of 
     this Act shall provide the following information to the 
     appropriate official of the jurisdiction involved for 
     inclusion in the National Registry:
       (i) The name of the person (including any alias used by the 
     person).
       (ii) The Social Security number of the person.
       (iii) The address of each residence at which the person 
     resides or will reside.
       (iv) The name and address of any place where the person is 
     an employee or will be an employee.
       (v) The name and address of any place where the person is a 
     student or will be a student.
       (vi) The license plate number and a description of any 
     vehicle owned or operated by the person.
       (vii) Any other information required by the Attorney 
     General.
       (B) Provided by the jurisdiction.--The jurisdiction to 
     which a criminal arsonist or criminal bomber described in 
     subparagraph (A) provides information shall ensure that the 
     following information, with respect to such arsonist or 
     bomber, is provided to the National Registry:
       (i) The information described in subparagraph (A), as 
     provided by the arsonist or bomber.
       (ii) A physical description of the person.
       (iii) The text of the provision of law defining the 
     criminal offense for which the person is required to be 
     registered under this section.
       (iv) A current photograph of the person.

[[Page H10096]]

       (v) A set of fingerprints and palm prints of the person.
       (vi) A photocopy of a valid driver's license or 
     identification card issued to the person by a jurisdiction.
       (vii) Any other information required by the Attorney 
     General.
       (2) Provided by jurisdiction of convictions in case of 
     convictions before date of enactment and failures to 
     notify.--Each jurisdiction in which a criminal arsonist or 
     criminal bomber described in subclause (I) or (II) of 
     subsection (c)(4)(B)(i) was convicted shall ensure that the 
     following information is provided to the National Registry:
       (A) The name of the criminal arsonist or criminal bomber 
     (including any alias used by the person).
       (B) The Social Security number of the person.
       (C) The most recent known address of the residence at which 
     the person has resided.
       (D) A physical description of the person.
       (E) The text of the provision of law defining the criminal 
     offense for which the person is convicted.
       (F) A set of fingerprints and palm prints of the person, if 
     available to the jurisdiction.
       (G) A photocopy of a valid driver's license or 
     identification card issued to the person by a jurisdiction, 
     if available.
       (H) Any other information required by the Attorney General.
       (e) Duration of Registration Requirement; Expunging 
     Registries of Information for Certain Juvenile Criminals.--
       (1) Duration of registration requirement.--A criminal 
     arsonist or criminal bomber shall keep the registration 
     information provided under subsection (d)(1)(A) current for 
     the full registration period (excluding any time the person 
     is in custody). For purposes of this subsection, the full 
     registration period--
       (A) shall commence on the later of the date on which the 
     person is convicted of an offense of arson or bombing in 
     violation of the laws of the jurisdiction in which the 
     offense was committed or the United States, the date on which 
     the person is released from prison for such conviction, or 
     the date on which the person is placed on parole, supervised 
     release, or probation for such conviction; and
       (B) shall be--
       (i) five years for a person who has been convicted of such 
     an offense for the first time;
       (ii) ten years for a person who has been convicted of such 
     an offense for the second time; and
       (iii) for the life of the person for a person who has been 
     convicted of such an offense more than twice.
       (2) Expunging registries of information for certain 
     juvenile criminals.--
       (A) In general.--In the case of a criminal arsonist or 
     criminal bomber described in subparagraph (B), the Attorney 
     General shall expunge the National Registry of information 
     related to such criminal arsonist or criminal bomber as of 
     the date that is 5 years after the last day of the applicable 
     full registration period under paragraph (1).
       (B) Criminal arsonist or criminal bomber described.--For 
     purposes of subparagraph (A), a criminal arsonist or criminal 
     bomber described in this subparagraph is a criminal arsonist 
     or criminal bomber who--
       (i) was a juvenile tried as an adult for the offense giving 
     rise to the duty to register under this section; and
       (ii) was not convicted of any other criminal felony during 
     the period beginning on the first day of the applicable full 
     registration period under paragraph (1) and ending on the 
     last day of the 5-year period described in subparagraph (A).
       (C) Application to other databases.--The Attorney General 
     shall establish a process to ensure that each entity that 
     receives information under subsection (i) with respect to a 
     criminal arsonist or criminal bomber described in 
     subparagraph (B) shall expunge the applicable database of 
     such information as of the date that is 5 years after the 
     last day of the applicable full registration period under 
     paragraph (1).
       (f) Annual Verification.--Not less than once in each 
     calendar year during the full registration period, a criminal 
     arsonist or criminal bomber required to provide information 
     to a jurisdiction under this section shall--
       (1) appear in person at not less than one such 
     jurisdiction;
       (2) allow such jurisdiction to take a current photograph of 
     the person; and
       (3) while present at such jurisdiction, verify the 
     information contained in the National Registry for such 
     person.
       (g) Duty to Notify Criminal Arsonists and Criminal Bombers 
     of Registration Requirements and to Register.--
       (1) In general.--An appropriate official shall, shortly 
     before release of a criminal arsonist or criminal bomber from 
     custody, or, if the person is not in custody, immediately 
     after the sentencing of the person for the offense giving 
     rise to the duty to register under this section--
       (A) inform the person of the duties of the person under 
     this section and explain those duties in a manner that the 
     person can understand in light of the person's native 
     language, mental capability, and age;
       (B) ensure that the person understands the registration 
     requirement, and if so, require the person to read and sign a 
     form stating that the duty to register has been explained and 
     that the person understands the registration requirement;
       (C) if the person is unable to understand the registration 
     requirements, the official shall sign a form stating that the 
     person is unable to understand the registration requirements; 
     and
       (D) ensure that the person is registered.
       (2) Notification of criminal arsonists and criminal bombers 
     who cannot comply with paragraph (1).--The Attorney General 
     shall prescribe rules to ensure the notification and 
     registration of criminal arsonists and criminal bombers in 
     accordance with paragraph (1) who cannot be notified and 
     registered at the time set forth in paragraph (1).
       (h) Development and Availability of Registry Management and 
     Website Software.--
       (1) Duty to develop and support.--The Attorney General 
     shall develop and support software to enable jurisdictions to 
     participate in the National Registry and the national 
     Internet site established under subsection (a)(2).
       (2) Criteria.--The software described in paragraph (1) 
     should facilitate--
       (A) immediate exchange of information among jurisdictions 
     through the national Internet site established under 
     subsection (a)(2);
       (B) access over the Internet by authorized persons to 
     appropriate information, including the number of registered 
     criminal arsonists or criminal bombers in each jurisdiction 
     on a current basis; and
       (C) full compliance with the requirements of this section.
       (3) Deadline.--The Attorney General shall make the first 
     complete edition of this software available to jurisdictions 
     not later than two years after the date of the enactment of 
     this Act.
       (i) Period for Implementation by Jurisdictions.--
       (1) Deadline.--To be in compliance with this section, a 
     jurisdiction shall participate in the National Registry in 
     accordance with this section before the later of--
       (A) three years after the date of the enactment of this 
     Act; or
       (B) one year after the date on which the software described 
     in subsection (h) is made available to such jurisdiction.
       (2) Extensions.--The Attorney General may authorize not 
     more than two one-year extensions of the deadline under 
     paragraph (1).
       (3) Failure of jurisdiction to comply.--For any fiscal year 
     after the expiration of the deadline specified in paragraph 
     (1) (and any extension under paragraph (2)), a jurisdiction 
     that fails, as determined by the Attorney General, to 
     substantially implement this section shall, at the discretion 
     of the Attorney General, be subject to not more than a 10 
     percent reduction of the funds that would otherwise be 
     allocated for that fiscal year to the jurisdiction under 
     subpart 1 of part E of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), 
     whether characterized as the Edward Byrne Memorial State and 
     Local Law Enforcement Assistance Programs, the Local 
     Government Law Enforcement Block Grants Program, the Edward 
     Byrne Memorial Justice Assistance Grant Program, or 
     otherwise.
       (j) Election by Indian Tribes.--
       (1) Election.--
       (A) In general.--A federally recognized Indian tribe may, 
     by resolution or other enactment of the tribal council or 
     comparable governmental body, elect to carry out this section 
     as a jurisdiction subject to its provisions.
       (B) Implementation.--If a tribe does not, within one year 
     of the enactment of this Act, make an election to take on 
     these duties, it shall, by resolution or other enactment of 
     the tribal council or comparable governmental body, enter 
     into a cooperative agreement to arrange for a jurisdiction to 
     carry out any function of the tribe under this section until 
     such time as the tribe elects to carry out this section.
       (2) Cooperation between tribal authorities and other 
     jurisdictions.--
       (A) Nonduplication.--A tribe subject to this section is not 
     required to duplicate functions under this section which are 
     fully carried out by another jurisdiction or jurisdictions 
     within which the territory of the tribe is located.
       (B) Cooperative agreements.--A tribe may, through 
     cooperative agreements with such a jurisdiction or 
     jurisdictions--
       (i) arrange for the tribe to carry out any function of such 
     a jurisdiction under this section with respect to criminal 
     arsonists or criminal bombers subject to the tribe's 
     jurisdiction; and
       (ii) arrange for such a jurisdiction to carry out any 
     function of the tribe under this section with respect to 
     criminal arsonists and criminal bombers subject to the 
     tribe's jurisdiction.
       (3) Law enforcement authority in indian country.--
     Enforcement of this section in Indian country, as defined in 
     section 1151 of title 18, United States Code, shall be 
     carried out by Federal, tribal, and State governments under 
     existing jurisdictional authorities.
       (k) Immunity for Good Faith Conduct.--The Federal 
     Government, jurisdictions, political subdivisions of 
     jurisdictions, and their agencies, officers, employees, and 
     agents shall be immune from liability for good faith conduct 
     under this section.
       (l) Criminal Arsonist and Criminal Bomber Management 
     Assistance Program.--

[[Page H10097]]

       (1) In general.--The Attorney General shall, subject to 
     appropriations, establish and implement a Criminal Arsonist 
     and Bomber Management Assistance program (in this subsection 
     referred to as the ``Assistance Program''), under which the 
     Attorney General shall award grants to jurisdictions to 
     offset the costs of implementing the other provisions of this 
     section.
       (2) Application.--The chief executive of a jurisdiction 
     desiring a grant under this subsection, with respect to a 
     fiscal year, shall for each such fiscal year submit to the 
     Attorney General an application in such form and containing 
     such information as the Attorney General may require.
       (3) Increased grant payments for prompt compliance.--A 
     jurisdiction that, as determined by the Attorney General, has 
     substantially implemented the other provisions of this 
     section not later than two years after the date of the 
     enactment of this Act is eligible for a bonus payment in 
     addition to the amount of grant funds available to such 
     jurisdiction under paragraph (1). The Attorney General may, 
     with respect to a jurisdiction, make such a bonus payment to 
     the jurisdiction for the first fiscal year beginning after 
     the date such determination is made. The amount of the bonus 
     payment shall be as follows:
       (A) In the case of a determination that the jurisdiction 
     has substantially implemented this section by a date that is 
     not later than the date that is one year after the date of 
     the enactment of this Act, 10 percent of the total grant 
     funds available to the jurisdiction under paragraph (1) for 
     such fiscal year.
       (B) In the case of a determination that the jurisdiction 
     has substantially implemented this section by a date that is 
     later than one year after the date of the enactment of this 
     Act, but not later than the date that is two years after such 
     date of enactment, 5 percent of such total.
       (4) Authorization of appropriations.--In addition to any 
     amounts otherwise authorized to be appropriated, there are 
     authorized to be appropriated to the Attorney General, to be 
     available to carry out this subsection, such sums as may be 
     necessary for each of the fiscal years 2010 through 2014.
       (m) Definitions.--For purposes of this section:
       (1) Criminal arsonist.--The term ``criminal arsonist'' 
     means an individual who is convicted of any criminal offense 
     for committing arson, attempting arson, or conspiracy to 
     commit arson in violation of the laws of the jurisdiction in 
     which such offense was committed or the United States. Such 
     term shall not include a juvenile who is convicted of such an 
     offense unless such juvenile was tried as an adult for such 
     offense.
       (2) Criminal bomber.--The term ``criminal bomber'' means an 
     individual who is convicted of any criminal offense for 
     committing a bombing, attempting a bombing, or conspiracy to 
     commit a bombing in violation of the laws of the jurisdiction 
     in which such offense was committed or the United States. 
     Such term shall not include a juvenile who is convicted of 
     such an offense unless such juvenile was tried as an adult 
     for such offense.
       (3) Criminal offense.--The term ``criminal offense'' means 
     a Federal, State, local, tribal, foreign, or military offense 
     (to the extent specified by the Secretary of Defense under 
     section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 
     note)) or other criminal offense.
       (4) Employee.--The term ``employee'' includes an individual 
     who is self-employed or works for any other entity, whether 
     compensated or not.
       (5) Fire safety officer.--The term ``fire safety officer'' 
     means an individual serving in an official capacity as a fire 
     investigator, or other arson or bomber investigator, as 
     defined by the jurisdiction for the purposes of this section.
       (6) Jurisdiction.--The term ``jurisdiction'' means any of 
     the following:
       (A) A State.
       (B) The District of Columbia.
       (C) The Commonwealth of Puerto Rico.
       (D) Guam.
       (E) American Samoa.
       (F) The Northern Mariana Islands.
       (G) The United States Virgin Islands.
       (H) To the extent provided and subject to the requirements 
     of subsection (j), a federally recognized Indian tribe.
       (7) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given such term in section 1204 of 
     the Omnibus Crime Control and Safe Street Act of 1968 (42 
     U.S.C. 3796b).
       (8) National registry.--The terms ``National Registry'' and 
     ``arsonist and bomber registry'' mean the registry of 
     criminal arsonists and criminal bombers established under 
     subsection (a)(1).
       (9) Resides.--The term ``resides'' means, with respect to 
     an individual, the location of the individual's home or other 
     place where the individual habitually lives.
       (10) Student.--The term ``student'' means an individual who 
     enrolls in or attends an educational institution (whether 
     public or private), including a secondary school, trade or 
     professional school, and institution of higher education.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Schiff) and the gentleman from Texas (Mr. Poe) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. SCHIFF. 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 California?
  There was no objection.
  Mr. SCHIFF. I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of the Managing Arson Through Criminal 
History Act, the MATCH Act, and am very proud to join Congresswoman 
Mary Bono Mack in sponsoring this important legislation and who has led 
the charge on this for several years now. I want to congratulate you on 
your perseverance. This, I think, will be a very important and powerful 
tool in bringing arsonists to justice.
  Our collaboration on this issue stems from a painful understanding of 
the devastation that arson can cause and has caused in both of our 
districts. In fact, as we debate this bill today, firefighters are 
still mopping up the last vestiges of the Station fire which has burned 
thousands and thousands of acres in the Angeles Forest in the past 
month and resulted in the tragic death of two firefighters. The fire 
was deliberately set, and the perpetrator is still at large. The bill 
before us today would create a nationwide registry of arsonists to help 
fire investigators find arsonists and prevent additional fires.
  Because arsonists commit their crimes in secret, arson is among the 
most difficult of crimes to investigate. According to FBI statistics, 
only about 18 percent of arsons from 2008 have been ``cleared'' by an 
arrest. In the wake of a fire, investigators are faced with the 
daunting challenge of piecing together evidence from a scorched tract 
of land or a house. The Station fire, for example, is a 250-square-mile 
crime scene. Investigators have isolated where they believe the blaze 
originated, but there have been no arrests thus far, despite the offer 
of a $150,000 reward.
  I know from firsthand experience the difficulty of an arson 
investigation. When I was an Assistant U.S. Attorney in Los Angeles in 
the late 1980s and early 1990s, I prosecuted an individual who started 
fires in the San Bernardino Forest. The arsonist followed a pattern. He 
used a distinct incendiary device made from a cigarette with matches 
taped around it. He would drive through the forest and throw the 
cigarette with the matches taped around it into the brush. The 
cigarette would burn down to the matches, ignite the matches, which 
would ignite the brush. The cigarette was basically like a slow fuse. 
By the time the brush caught on fire, he was far away from the point of 
origin of the fire.
  Catching someone like that who doesn't have a traditional motive to 
set a fire or commit a crime is extremely challenging. Eventually, 
using video surveillance, law enforcement made an arrest.
  We discovered in the course of the investigation that the suspect had 
a history of setting fires using the same distinct incendiary device 
made from a cigarette with matches taped around it. We didn't discover 
that information in an electronic database or even in the suspect's 
criminal record. The information was eventually found before the trial, 
stored in a box in his former parole officer's basement.
  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 of their modus operandi. We might have been able to stop him 
before he set several of the later fires. Keeping records in your 
basement is not a sound investigative law enforcement strategy. The 
national arsonist registry created by the MATCH Act is.
  The MATCH Act would create a national registry of arsonists that is 
similar but more extensive than what three States have right now. 
Currently, three States, including California, maintain such 
registries, but they are very limited. Arsonists can and do cross State 
lines to start fires. They don't necessarily contain updated 
information about the arsonist's current address, their place of 
employment, where they go to school and a myriad of other pieces of 
information that could be useful to investigators.
  Under the MATCH Act, a convicted arsonist would be required to 
register

[[Page H10098]]

with the State in which they reside and provide updated biographical 
information, along with a photograph and information on the cars that 
they own. No information in this registry would be publicly available. 
The information would only be accessible to law enforcement and fire 
investigators.
  Last year, the Congressional Budget Office scored the cost of 
implementing the act at $17 million over 5 years, that is, if we fully 
fund a small authorization to offset the costs to States in setting up 
the program. Given the millions and millions we spend fighting 
wildfires and the billions, literally billions, in property damage due 
to arson, this is a reasonable investment to save lives in the future.
  The House passed this legislation overwhelmingly in 2007, but 
unfortunately it was never enacted. It didn't clear the Senate. As my 
constituents can attest, though, the problem of arson is not going 
away. And so we press on for this bill that will assist investigators 
and, we hope, prevent arson fires in the future.
  I urge my colleagues to support the bill and reserve the balance of 
my time.
  Mr. POE of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of H.R. 1727, the Managing Arson Through Criminal 
History Act of 2009, referred to as the MATCH Act. I commend my 
colleagues from California, Congresswoman Bono Mack and Congressman 
Schiff, for their hard work on this legislation. My colleagues from 
California know better than anyone the devastation that arson causes.
  The California Station fire has now burned over 160,000 acres, or 251 
square miles. The cost for fighting this fire alone stands at $82 
million. The price tag is expected to go over $100 million. Eighty-nine 
homes have been burned and, sadly, two firefighters have been killed. 
Investigators now believe this fire was intentionally set based upon 
evidence found near the fire's origin.
  Many arsonists begin by starting small fires and then escalate to 
larger and larger fires to satisfy their excitement. Yet only 17.1 
percent of arson offenses result in convictions nationwide. 
Unfortunately, the evidence needed to convict these arsonists is often 
destroyed by the fire itself. And as arsonists become more 
sophisticated in their techniques, identifying and prosecuting them 
becomes more challenging. Each year, an estimated 267,000 fires are 
caused by arson. That's right, 267,000. In recent years, arson has been 
used to burn churches and used by violent activists to protest urban 
sprawl.
  But the ongoing threat remains those who set fires to get a rush and 
to feed a compulsion. We call those folks ``arsonists.'' Fires have not 
only caused recent property damage throughout the country and the 
taking of human lives, not only in California, but this year, two 
Houston firefighters have been killed fighting fires.
  We may never be able to prevent wildfires, but we can implement tools 
to help prevent arsonists, particularly serial arsonists, from eluding 
law enforcement and escaping punishment. This will help in capturing 
them and sending them to prison when convicted.
  The MATCH Act creates a national arson registry and requires criminal 
arsonists to report where they live, where they work and, yes, even 
where they go to school. In addition, the act requires the national 
database to include finger and palm print and an up-to-date photograph. 
The act limits access to information contained in the registry to only 
law enforcement and fire officials. It exempts juveniles who are 
adjudicated delinquent from the registry.
  The MATCH Act will assist law enforcement officials with identifying 
and apprehending arsonists, particularly serial arsonists, and 
ecoterrorists.
  I urge my colleagues to support this legislation, and I reserve the 
balance of my time.
  Mr. SCHIFF. Mr. Speaker, I reserve the balance of my time.
  Mr. POE of Texas. Mr. Speaker, I yield as much time as she wishes to 
my colleague from California (Mrs. Bono Mack).
  Mrs. BONO MACK. Mr. Speaker, I thank my colleague, Mr. Poe, for the 
time. I am pleased also to rise in support of the Managing Arson 
Through Criminal History, or MATCH Act, H.R. 1727.
  As a Member from California, I was heartened by the support that our 
delegation received from this House during the Station fire that 
recently swept through our State, tragically killing two heroic 
firefighters. As many of you know and have just heard, some of these 
fires are being investigated as arson.
  In what is sadly becoming an annual occurrence, we are faced with the 
threat of catastrophic wildfires that cause millions of dollars in 
damage and threaten life. It is when we learn that the first sparks of 
these fires were caused by arsonists that our greatest fears are 
realized, that someone would maliciously and purposely start a fire.

                              {time}  1245

  These events are reminders of the urgency with which we need to act 
in passing H.R. 1727, as this legislation was inspired by events in my 
county, Riverside County, which I'm very proud to represent.
  Nearly 3 years ago, my community was devastated by the Esperanza 
fire, also an arson-caused fire, that cost five heroic U.S. Forest 
Service firefighters their lives. I, like all of my colleagues in this 
House, am anxious to provide all of the tools and support we can to 
combat despicable acts like arson.
  Multiple conversations and meetings 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, more especially serial arsonists. More help is 
needed in the tracking of this dangerous crime. Even though arson fires 
account for a majority of the fires in the U.S., the arrest and 
conviction rate is only 20 percent.
  It is our duty as Members of the Congress to provide the tools and 
infrastructure we can to aid in both the prevention of this crime and 
speedy apprehension of those who choose to commit it.
  It is my sincere belief that the MATCH Act will make a meaningful 
difference in the way that we approach and deal with arson offenders by 
establishing a registry for law enforcement.
  I would like to especially thank Chairmen Conyers and Scott and 
Ranking Members Smith and Gohmert of the Judiciary Committee. They 
worked to ensure that this legislation was expeditiously moved through 
the legislative process and that legitimate concerns were addressed.
  I would also like to thank the House leadership on both sides of the 
aisle for their efforts and hard work in bringing the bill before us 
today.
  And finally, I, too, would like to thank my fellow Californian, my 
dear friend, Adam Schiff for his partnership on this important issue. I 
can think of no better colleague in the House of Representatives to 
work with than I found in Adam Schiff.
  So I thank you very much, and I urge passage of this critically 
important bill.
  Mr. SCHIFF. Mr. Speaker, may I inquire how many more speakers my 
colleague from Texas has.
  Mr. POE of Texas. We have no other speakers, and I yield back the 
balance of my time.
  Mr. SCHIFF. Mr. Speaker, I thank my colleague Representative Bono 
Mack for all of her work on this issue. It's been a pleasure working 
together.
  I think when we had the bill come up in committee last session and 
the Burbank fire chief, Tracy Pancini, testified, he pointed out really 
how this bill will be of great service to investigators by pointing to 
the case of someone who was a serial arsonist in New York, who set fire 
to many carports, for whatever reason, for whatever perverse thrill, as 
my colleague from Texas pointed out some of these arsonists seem to get 
by setting fires. He was well-known to authorities in New York and he 
moved to California where he was unknown, and when there were a series 
of carport fires in California, California authorities didn't 
necessarily connect it to what happened in New York.
  With a national registry, we can connect these events and we can 
connect the dots, and not only, I hope, put away some of these 
arsonists, but maybe more importantly deter arsonists who, if they know 
that they are being tracked and are being followed by this registry, 
will think twice before they set additional fires.

[[Page H10099]]

  So, with that, I want to once again thank my colleague and urge the 
House to support this bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Schiff) that the House suspend the rules 
and pass the bill, H.R. 1727, 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.

                          ____________________