[House Report 110-467]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-467

======================================================================



 
      MANAGING ARSON THROUGH CRIMINAL HISTORY (MATCH) ACT OF 2007

                                _______
                                

December 4, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1759]

  The Committee on the Judiciary, to whom was referred 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, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     8
Background and Need for the Legislation..........................     8
Hearings.........................................................     9
Committee Consideration..........................................     9
Committee Votes..................................................     9
Committee Oversight Findings.....................................     9
New Budget Authority and Tax Expenditures........................     9
Committee Cost Estimate..........................................     9
Performance Goals and Objectives.................................    10
Constitutional Authority Statement...............................    10
Advisory on Earmarks.............................................    10
Section-by-Section Analysis......................................    10

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Managing Arson Through Criminal 
History (MATCH) Act of 2007''.

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 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.--Such information 
        about a criminal arsonist shall not be made available on the 
        Internet to the public.
            (3) Mandatory exemptions.--A jurisdiction shall exempt from 
        disclosure, 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, 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 such action could 
        result in civil or criminal penalties.
    (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.--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.
    (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.
Information about a criminal arsonist shall not be made available on 
the Internet to the public.
    (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 to 
        avoid the reduction of Federal funding under this subsection.
    (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 a grant to a jurisdiction to offset the costs of 
implementing section 2.
    (b) Application.--The chief executive of a jurisdiction desiring a 
grant under this section shall, on an annual basis, submit to the 
Attorney General an application in such form and containing such 
information as the Attorney General may require.
    (c) Bonus 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. The Attorney General may make 
such a payment under the Assistance Program for the first fiscal year 
beginning after that determination. 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 received by the 
        jurisdiction under the Assistance Program for the preceding 
        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 only for the 
Assistance Program, 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.

                          Purpose and Summary

    H.R. 1759, the ``Managing Arson Through Criminal History 
(MATCH) Act of 2007,'' requires jurisdictions to establish and 
maintain jurisdiction-wide arsonist registries and make such 
registries available on the Internet to other law enforcement 
agencies. The bill requires criminal arsonists to register in 
each jurisdiction in which such arsonists reside, are employed, 
or are students. In addition, H.R. 1759 requires the Attorney 
General to maintain a national database, incorporating the 
various jurisdiction databases, at the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives to be known as the National 
Arsonist Registry.

                Background and Need for the Legislation

    According to the United States Fire Administration, arson 
is the leading cause of fire in the United States. It annually 
results in more than 2,000 injuries, 400 deaths, and $1.4 
billion in property damages.\1\ Arson is also one of the most 
difficult crimes to prosecute, with only 16% of intentionally 
set fires resulting in an arrest and only 2% resulting in a 
conviction.\2\ 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.
---------------------------------------------------------------------------
    \1\U.S. Fire Administration Topical Fire Research Series, Arson in 
the United States, vol. 1, issue 8 (Jan 2001).
    \2\Federal Bureau of Investigation, Crime in the United States 
2002: Crime Index Offenses Reported--Arson, at http://www.fbi.gov/ucr/
cius_02/html/web/offreported/offreported.html.
---------------------------------------------------------------------------
    To aid law enforcement in identifying criminal activity 
related to arson, H.R. 1759, the ``Managing Arson Through 
Criminal History (MATCH) Act of 2007,'' establishes the 
National Arson Registry, a comprehensive nationwide network of 
registry databases developed by the Attorney General for 
tracking convicted arsonists. H.R. 1759 requires jurisdictions 
to create arson registries, and requires convicted arsonists to 
register in each jurisdiction in which he or she resides, is an 
employee, or is a student at an educational institution. The 
Bureau of Alcohol, Tobacco, Firearms, and Explosives is 
required to coordinate the various databases through the 
National Arson Registry and make the information available to 
law enforcement agencies.

                                Hearings

    The Committee's Subcommittee on Crime, Terrorism, and 
Homeland Security held 1 day of hearings on November 6, 2007. 
Testimony was received from Representative Mary Bono (R-CA), 
the bill's sponsor; Representative Adam Schiff (D-CA); Fire 
Chief Tracy Pansini of the Burbank Fire Department, Burbank, 
California; and Fire Chief William M. Soqui of the Cathedral 
City Fire Department, Cathedral City, California.

                        Committee Consideration

    On November 6, 2007, the Subcommittee on Crime, Terrorism, 
and Homeland Security met in open session and ordered the bill, 
H.R.1759, favorably reported by voice vote without amendment, a 
quorum being present. On November 7, 2007, the Committee met in 
open session and ordered the bill, H.R. 1759, favorably 
reported with an amendment by voice vote, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 1759.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

                        Committee Cost Estimate

    The Congressional Budget Office (CBO) estimate of the costs 
of implementing H.R. 1759 as reported by the Committee on the 
Judiciary was not available as of the time of filing this 
report. When the Congressional Budget Office letter setting 
forth its official cost estimate becomes available, it will be 
printed in the Congressional Record. In compliance with clause 
3(d)(2) of rule XIII of the Rules of the House of 
Representatives, the Committee estimates the costs as follows:

                     COST TO THE FEDERAL GOVERNMENT

    The Committee does not anticipate that the bill will have 
any significant effect on the Federal budget, or on the budgets 
of State, Territorial, or Tribal governments. The bill requires 
States, Territories, and Indian Tribes to establish and 
maintain registries of convicted arsonists, and also requires 
the Federal Government to establish and maintain a national 
registry. The States, Territories, and Tribes are eligible to 
apply for Federal grants to cover costs of implementing the 
registries. Based on preliminary consultations with CBO, the 
Committee believes that the costs to the Federal Government, 
whether from establishing the national registry or from 
reimbursing States, Territories, and Tribes for establishing 
their own registries, will be insignificant. Nor, based on 
those consultations, does the Committee believe the bill will 
have any significant effect on direct Federal spending or 
receipts.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
goal of H.R. 1759 is to help arson investigators develop 
investigative leads to help solve arson crimes.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, Section 8 of the Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 1759 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short title. Section 1 sets forth the short title 
of the bill as the ``Managing Arson Through Criminal History 
(MATCH) Act of 2007.''
    Sec. 2. Arsonist Registration and Notification Program. 
Section 2 establishes the registry requirements for 
jurisdictions and arsonists. Jurisdictions must establish and 
maintain a registry in accordance with guidelines and 
requirements issued by the Attorney General.
    Arsonists must initially register with the jurisdiction 
where the arsonist resides, is employed, or is a student, and 
for initial registration where the arsonist's arson conviction 
was issued if different from the any of the former three areas. 
Arsonists must initially register before completing a sentence 
for arson or, if not sentenced to imprisonment, within ten 
business days after being sentenced for an arson offense. They 
must keep their portion of the registry current by entering 
pertinent information about changes in address, employment, and 
student status within ten business days of the change, and 
jurisdictions must provide a criminal penalty for failure to 
comply. Jurisdictions have the authority to exempt certain 
arsonists from registry requirements if it is the arsonist's 
first arson offense and the arsonist has provided substantial 
assistance with the investigation.
    Pursuant to section 2, an arsonist must provide his or her 
name (including any aliases), Social Security number, all 
residence addresses, name and address of the arsonist's 
employer, name and address of the school he or she is 
attending, license plate numbers of any vehicles owned or 
operated by the arsonist, and any other information required by 
the Attorney General. This section also requires the 
jurisdiction to include a physical description of the arsonist; 
the text of the law the arsonist violated; the arsonist's 
criminal history, current photograph, and fingerprints; a copy 
of the arsonist's driver's license; and any other information 
deemed pertinent by the Attorney General.
    In addition, section 2 specifies that an arsonist must keep 
the information current for the required registry period, which 
is 5 years for a first arson offense, 10 years for a second 
arson offense, and for life if convicted of more than two arson 
offenses. Arsonists must verify the data annually, and 
jurisdictions are required to notify them of the requirements.
    This section also mandates the establishment of the 
National Criminal Arsonist Registry, which is to be developed 
by the Attorney General. To that end, the Attorney General must 
develop and support software so the registry can employ the 
various jurisdictions' registries in the National Registry. The 
registry must be maintained by the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives.
    Section 2 further provides that jurisdictions must develop 
and employ their registries within 3 years of enactment of this 
legislation, although the Attorney General may grant extensions 
in certain circumstances. Failure to comply will result in a 
10-percent reduction in the funds the jurisdiction would 
otherwise receive for that fiscal year under subpart 1 of part 
E of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, 42 U.S.C. Sec. Sec. 3750 et seq. The Attorney General 
may exempt a jurisdiction if compliance raises 
constitutionality issues for the jurisdiction, and may grant 
extensions for a jurisdiction's good faith attempts to comply.
    Sec. 3. Criminal Arsonist Management Assistance Program. 
Section 3 requires the Attorney General to establish the 
Criminal Arsonist Management Assistance Program to help 
jurisdictions offset the cost of implementing section 2.
    Sec. 4. Definitions. Section 4 defines various terms. 
First, it defines a ``criminal arsonist'' as 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 of the United States. The term does not 
include a juvenile offender unless tried and convicted as an 
adult.
    Second, it defines ``arsonist registry'' as a registry of 
criminal arsonists, and a notification program, maintained by a 
jurisdiction. Third, it defines ``criminal offense'' as 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.
    Fourth, it defines ``employee'' as an individual who is 
self-employed or who works for any other entity, whether 
compensated or not.
    Fifth, it defines ``fire safety officer'' as: (1) 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 (2) 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 the bill.
    The term ``jurisdiction'' is defined to be any of the 
following: a State; the District of Columbia; the Commonwealth 
of Puerto Rico; Guam; American Samoa; the Northern Mariana 
Islands; or the United States Virgin Islands. In addition, the 
term includes a federally recognized Indian tribe to the extent 
subject to the requirements of section 2(o).
    Section 4 defines the term ``law enforcement officer'' as 
having the meaning given such term in section 1204 of the 
Omnibus Crime Control and Safe Street Act of 1968, 42 U.S.C. 
3796b. With respect to an individual, the term ``resides'' is 
defined in reference to the location of the individual's home 
or other place where the individual habitually lives.
    Finally, section 4 defines the term ``student'' to mean an 
individual who enrolls in or attends an educational institution 
(whether public or private), including a secondary school, 
trade or professional school, or institution of higher 
education.

                                  
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