IIB 

110TH CONGRESS 

1ST SESSION H. R. 1759 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 6, 2007 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Managing Arson 

3 Through Criminal History (MATCH) Act of 2007’’. 

4 SEC. 2. ARSONIST REGISTRATION AND NOTIFICATION PRO5 GRAM. 

6 (a) REGISTRY REQUIREMENTS FOR JURISDIC7 TIONS.— 

8 (1) JURISDICTION TO MAINTAIN A REGISTRY.— 

9 Each jurisdiction shall establish and maintain a ju10 risdiction-wide arsonist registry conforming to the 

11 requirements of this section. 

12 (2) GUIDELINES AND REGULATIONS.—The At13 torney General shall issue guidelines and regulations 

14 to interpret and implement this section. 

15 (b) REGISTRY REQUIREMENTS FOR CRIMINAL

16 ARSONISTS.— 

17 (1) IN GENERAL.—A criminal arsonist shall 

18 register, and shall keep the registration current, in 

19 each jurisdiction where the arsonist resides, where 

20 the arsonist is an employee, and where the arsonist 

21 is a student. For initial registration purposes only, 

22 a criminal arsonist shall also register in the jurisdic23 tion in which convicted if such jurisdiction is dif24 ferent from the jurisdiction of residence. 

25 (2) INITIAL REGISTRATION.—The criminal ar26 sonist shall initially register— 


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1 (A) before completing a sentence of impris2 onment with respect to the offense giving rise 

3 to the registration requirement; or 

4 (B) not later than 5 business days after 

5 being sentenced for that offense, if the criminal 

6 arsonist is not sentenced to a term of imprison7 ment. 

8 (3) KEEPING THE REGISTRATION CURRENT.—A 

9 criminal arsonist shall, not later than 10 business 

10 days after each change of name, residence, employ11 ment, or student status, appear in person in at least 

12 one jurisdiction involved pursuant to paragraph (1) 

13 and inform that jurisdiction of all changes in the in14 formation required for that arsonist in the arsonist 

15 registry involved. That jurisdiction shall immediately 

16 provide the revised information to all other jurisdic17 tions in which the arsonist is required to register. 

18 (4) APPLICATION OF REGISTRATION REQUIRE19 MENTS.— 

20 (A) IN GENERAL.—Except as provided in 

21 guidelines under subparagraph (B), the require22 ments of this section, including the duties to 

23 register and to keep a registration current, shall 

24 apply only to a criminal arsonist who was con25 victed of a criminal offense involving arson on 


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1 or after the date of the enactment of this Act, 

2 and who was notified of such duties and reg3 istered in accordance with subsection (f). 

4 (B) APPLICATION TO CRIMINAL ARSONISTS

5 UNABLE TO COMPLY WITH PARAGRAPH (2).— 

6 (i) GUIDELINES.—The Attorney Gen7 eral shall establish guidelines in accordance 

8 with the provisions of this subparagraph 

9 for each jurisdiction for the application of 

10 the requirements of this section to criminal 

11 arsonists convicted before the date of the 

12 enactment of this Act or the date of its im13 plementation in such a jurisdiction, and 

14 shall prescribe rules for the registration of 

15 any such criminal arsonists who are other16 wise unable to comply with paragraph (2). 

17 (ii) INFORMATION REQUIRED TO BE

18 INCLUDED IN REGISTRY.—With respect to 

19 each criminal arsonist described in clause 

20 (i) convicted during the 10-year period pre21 ceding the date of the enactment of this 

22 Act, the guidelines under clause (i) shall 

23 provide for the inclusion in the arsonist 

24 registry of each applicable jurisdiction 

25 (and, in accordance with subsection (j), the 


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1 provision by such jurisdiction to each enti2 ty described in such subsection) of the fol3 lowing information: 

4 (I) The name of the arsonist (in5 cluding any alias used by the arson6 ist). 

7 (II) The Social Security number 

8 of the arsonist. 

9 (III) The most recent known ad10 dress of the residence at which the ar11 sonist has resided. 

12 (IV) A physical description of the 

13 arsonist. 

14 (V) The text of the provision of 

15 law defining the criminal offense re16 lated to arson for which the arsonist 

17 is convicted. 

18 (VI) A set of fingerprints and 

19 palm prints of the arsonist. 

20 (VII) A photocopy of a valid driv21 er’s license or identification card 

22 issued to the arsonist by a jurisdic23 tion, if available. 

24 (VIII) Any other information re25 quired by the Attorney General. 


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1 (iii) NOTICE REQUIRED.—The guide2 lines under clause (i) shall provide notice 

3 to each criminal arsonist included in an ar4 sonist registry pursuant to this subpara5 graph of such inclusion. 

6 (5) STATE PENALTY FOR FAILURE TO COM7 PLY.—Each jurisdiction, other than a Federally rec8 ognized Indian tribe, shall provide a criminal penalty 

9 that includes a maximum term of imprisonment that 

10 is greater than one year for the failure of a criminal 

11 arsonist to comply with the requirements of this sec12 tion. 

13 (6) AUTHORITY TO EXEMPT CERTAIN CRIMINAL

14 ARSONISTS FROM REGISTRY REQUIREMENTS.—A ju15 risdiction shall have the authority to exempt a crimi16 nal arsonist who has been convicted of the offense 

17 of arson in violation of the laws of the jurisdiction 

18 in which the offense was committed or the United 

19 States for the first time from the registration re20 quirements under this section in exchange for such 

21 arsonist’s substantial assistance in the investigation 

22 or prosecution of another person who has committed 

23 an offense. The Attorney General shall assure that 

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1 ness of exempting such an arsonist from the reg2 istration requirements under this section. 

3 (c) INFORMATION REQUIRED IN REGISTRATION.— 

4 (1) PROVIDED BY THE ARSONIST.—A criminal 

5 arsonist shall provide the following information to 

6 the appropriate official for inclusion in the arsonist 

7 registry of a jurisdiction in which such arsonist is 

8 required to register: 

9 (A) The name of the arsonist (including 

10 any alias used by the arsonist). 

11 (B) The Social Security number of the ar12 sonist. 

13 (C) The address of each residence at which 

14 the arsonist resides or will reside. 

15 (D) The name and address of any place 

16 where the arsonist is an employee or will be an 

17 employee. 

18 (E) The name and address of any place 

19 where the arsonist is a student or will be a stu20 dent. 

21 (F) The license plate number and a de22 scription of any vehicle owned or operated by 

23 the arsonist. 

24 (G) Any other information required by the 

25 Attorney General. 


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1 (2) PROVIDED BY THE JURISDICTION.—The ju2 risdiction in which a criminal arsonist registers shall 

3 ensure that the following information is included in 

4 the registry for such arsonist: 

5 (A) A physical description of the arsonist. 

6 (B) The text of the provision of law defin7 ing the criminal offense for which the arsonist 

8 is registered. 

9 (C) The criminal history of the arsonist, 

10 including the date of all arrests and convictions; 

11 the status of parole, probation, or supervised 

12 release; registration status; and the existence of 

13 any outstanding arrest warrants for the arson14 ist. 

15 (D) A current photograph of the arsonist. 

16 (E) A set of fingerprints and palm prints 

17 of the arsonist. 

18 (F) A photocopy of a valid driver’s license 

19 or identification card issued to the arsonist by 

20 a jurisdiction. 

21 (G) Any other information required by the 

22 Attorney General. 

23 (d) DURATION OF REGISTRATION REQUIREMENT; 

24 EXPUNGING REGISTRIES OF INFORMATION FOR CERTAIN

25 JUVENILE CRIMINAL ARSONISTS.— 


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1 (1) DURATION OF REGISTRATION REQUIRE2 MENT.—A criminal arsonist shall keep the registra3 tion information provided under subsection (c) cur4 rent for the full registration period (excluding any 

5 time the arsonist is in custody). For purposes of this 

6 subsection, the full registration period— 

7 (A) shall commence on the later of the 

8 date on which the arsonist is convicted of an of9 fense of arson in violation of the laws of the ju10 risdiction in which the offense was committed 

11 or the United States, the date on which the ar12 sonist is released from prison for such convic13 tion, or the date on which such arsonist is 

14 placed on parole, supervised release, or proba15 tion for such conviction; and 

16 (B) shall be— 

17 (i) five years for an arsonist who has 

18 been convicted of such an offense for the 

19 first time; 

20 (ii) ten years for an arsonist who has 

21 been convicted of such an offense for the 

22 second time; and 

23 (iii) for the life of the arsonist for an 

24 arsonist who has been convicted of such an 

25 offense more than twice. 


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1 (2) EXPUNGING REGISTRIES OF INFORMATION

2 FOR CERTAIN JUVENILE CRIMINAL ARSONISTS.— 

3 (A) IN GENERAL.—In the case of a crimi4 nal arsonist described in subparagraph (B), a 

5 jurisdiction shall expunge the arson registry of 

6 such jurisdiction of information related to such 

7 criminal arsonist as of the date that is 5 years 

8 after the last day of the applicable full registra9 tion period under paragraph (1). 

10 (B) CRIMINAL ARSONIST DESCRIBED.— 

11 For purposes of subparagraph (A), a criminal 

12 arsonist described in this subparagraph is a 

13 criminal arsonist who— 

14 (i) was a juvenile tried as an adult for 

15 the offense giving rise to the duty to reg16 ister; and 

17 (ii) was not convicted of any other 

18 criminal felony during the period beginning 

19 on the first day of the applicable full reg20 istration period under paragraph (1) and 

21 ending on the last day of the 5-year period 

22 described in subparagraph (A). 

23 (C) APPLICATION TO OTHER DATA24 BASES.—The Attorney General shall establish a 

25 process to ensure that each entity that receives 


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1 information under subsection (j) with respect to 

2 a criminal arsonist described in subparagraph 

3 (B) shall expunge the applicable database of 

4 such information as of the date that is 5 years 

5 after the last day of the applicable full registra6 tion period under paragraph (1). 

7 (e) ANNUAL VERIFICATION.—Not less than once in 

8 each calendar year during the full registration period, a 

9 criminal arsonist required to register under this section 

10 shall— 

11 (1) appear in person at not less than one juris12 diction in which such arsonist is required to register; 

13 (2) allow such jurisdiction to take a current 

14 photograph of the arsonist; and 

15 (3) while present at such jurisdiction, verify the 

16 information in each registry in which that arsonist 

17 is required to be registered. 

18 (f) DUTY TO NOTIFY CRIMINAL ARSONISTS OF REG19 ISTRATION REQUIREMENTS AND TO REGISTER.— 

20 (1) IN GENERAL.—An appropriate official shall, 

21 shortly before release of a criminal arsonist from 

22 custody, or, if the arsonist is not in custody, imme23 diately after the sentencing of the arsonist for the 

24 offense giving rise to the duty to register— 


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1 (A) inform the arsonist of the duties of the 

2 arsonist under this section and explain those 

3 duties in a manner that the arsonist can under4 stand in light of the arsonist’s native language, 

5 mental capability, and age; 

6 (B) ensure that the arsonist understands 

7 the registration requirement, and if so, require 

8 the arsonist to read and sign a form stating 

9 that the duty to register has been explained and 

10 that the arsonist understands the registration 

11 requirement; 

12 (C) if the arsonist is unable to understand 

13 the registration requirements, the official shall 

14 sign a form stating that the arsonist is unable 

15 to understand the registration requirements; 

16 and 

17 (D) ensure that the arsonist is registered. 

18 (2) NOTIFICATION OF CRIMINAL ARSONISTS

19 WHO CANNOT COMPLY WITH PARAGRAPH (1).—The 

20 Attorney General shall prescribe rules to ensure the 

21 notification and registration of criminal arsonists in 

22 accordance with paragraph (1) who cannot be noti23 fied and registered at the time set forth in para24 graph (1). 


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1 (g) ACCESS TO CRIMINAL ARSONIST INFORMATION

2 THROUGH THE INTERNET.— 

3 (1) IN GENERAL.—Except as provided in this 

4 subsection, each jurisdiction shall make available on 

5 the Internet, in a manner that is readily accessible 

6 to law enforcement personnel and fire safety officers 

7 located in the jurisdiction, all information about 

8 each criminal arsonist in the registry. The jurisdic9 tion shall also include in the design of its Internet 

10 site all field search capabilities needed for full par11 ticipation in the National criminal arsonist Internet 

12 site established under subsection (i) and shall par13 ticipate in that Internet site as provided by the At14 torney General in regulations which comply with this 

15 paragraph. 

16 (2) PROHIBITION ON ACCESS BY THE PUB17 LIC.—Information about a criminal arsonist shall 

18 not be made available under paragraph (1) on the 

19 Internet to the public. 

20 (3) MANDATORY EXEMPTIONS.—A jurisdiction 

21 shall exempt from disclosure on the Internet site of 

22 the jurisdiction described in paragraph (1), with re23 spect to information about a criminal arsonist— 

24 (A) any information about the arsonist in25 volving conviction for an offense other than the 


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1 offense or offenses for which the arsonist is reg2 istered; 

3 (B) any information about the arsonist if 

4 the arsonist is participating in a witness protec5 tion program and the release of such informa6 tion could jeopardize the safety of the arsonist 

7 or any other individual; and 

8 (C) any other information identified as a 

9 mandatory exemption from disclosure by the 

10 Attorney General. 

11 (4) OPTIONAL EXEMPTIONS.—A jurisdiction is 

12 authorized to exempt from disclosure on the Internet 

13 site of the jurisdiction described in paragraph (1), 

14 with respect to information about a criminal arson15 ist— 

16 (A) the name of an employer of the arson17 ist; and 

18 (B) the name of an educational institution 

19 where the arsonist is a student. 

20 (5) CORRECTION OF ERRORS.—The Attorney 

21 General shall establish guidelines for each jurisdic22 tion for a process to seek correction of information 

23 included in the Internet site established by the juris24 diction pursuant to paragraph (1) in the case that 

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1 neous. Such guidelines shall provide for an adequate 

2 period following the date on which the individual has 

3 knowledge of the information’s inclusion in the 

4 Internet site for the individual to seek such correc5 tion of information. 

6 (6) WARNING.—An Internet site established by 

7 a jurisdiction pursuant to paragraph (1) shall in8 clude a warning that information on the site is to be 

9 used for law enforcement purposes only and may 

10 only be disclosed in connection with such purposes. 

11 The warning shall note that any action in violation 

12 of the previous sentence may result in a civil or 

13 criminal penalty. 

14 (h) NATIONAL CRIMINAL ARSONIST REGISTRY.— 

15 (1) IN GENERAL.—The Attorney General shall 

16 maintain a national database at the Bureau of Alco17 hol, Tobacco, Firearms and Explosives for each 

18 criminal arsonist. The database shall be known as 

19 the National Arsonist Registry. 

20 (2) ELECTRONIC FORWARDING.—The Attorney 

21 General shall ensure (through the National Arsonist 

22 Registry or otherwise) that updated information 

23 about a criminal arsonist is immediately transmitted 

24 by electronic forwarding to all relevant jurisdictions. 

25 (i) NATIONAL ARSONIST INTERNET SITE.— 


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1 (1) IN GENERAL.—The Attorney General shall 

2 establish and maintain a national arsonist Internet 

3 site. The Internet site shall include relevant informa4 tion for each criminal arsonist. The Internet site 

5 shall allow law enforcement officers and fire safety 

6 officers to obtain relevant information for each such 

7 arsonist by a single query for any given zip code or 

8 geographical radius set by the user in a form and 

9 with such limitations as may be established by the 

10 Attorney General and shall have such other field 

11 search capabilities as the Attorney General may pro12 vide. 

13 (2) PROHIBITION ON ACCESS BY THE PUB14 LIC.—Information about a criminal arsonist shall 

15 not be made available under paragraph (1) on the 

16 Internet to the public. 

17 (j) NOTIFICATION PROCEDURES.—Under an arsonist 

18 registration program established by a jurisdiction pursu19 ant to subsection (a), immediately after a criminal arson20 ist registers or updates a registration, an appropriate offi21 cial in the jurisdiction shall provide the information in the 

22 registry (other than information exempted from disclosure 

23 by this section or by the Attorney General) about that of24 fender to the following entities: 


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1 (1) The Attorney General, who shall include 

2 that information in the National Arsonist Registry. 

3 (2) Appropriate law enforcement agencies (in4 cluding probation agencies, if appropriate) in each 

5 area in which the offender resides, is an employee, 

6 or is a student. 

7 (3) Each jurisdiction where the offender re8 sides, is an employee, or is a student, and each juris9 diction from or to which a change of residence, em10 ployment, or student status occurs. 

11 (k) ACTIONS TO BE TAKEN WHEN CRIMINAL ARSON12 IST FAILS TO COMPLY.—Under an arsonist registration 

13 program established by a jurisdiction pursuant to sub14 section (a), an appropriate official of the jurisdiction shall 

15 notify the Attorney General and appropriate law enforce16 ment agencies of any failure by a criminal arsonist to com17 ply with the requirements of the arsonist registry for such 

18 jurisdiction, and shall revise the registry to reflect the na19 ture of such failure. The appropriate official, the Attorney 

20 General, and each such law enforcement agency shall take 

21 any appropriate action to ensure compliance. 

22 (l) DEVELOPMENT AND AVAILABILITY OF REGISTRY

23 MANAGEMENT AND WEBSITE SOFTWARE.— 

24 (1) DUTY TO DEVELOP AND SUPPORT.—The 

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1 risdictions, develop and support software to enable 

2 jurisdictions to establish and operate uniform arson3 ist registries and Internet sites. 

4 (2) CRITERIA.—The software described in para5 graph (1) should facilitate— 

6 (A) immediate exchange of information 

7 among jurisdictions; 

8 (B) access over the Internet to appropriate 

9 information, including the number of registered 

10 criminal arsonists in each jurisdiction on a cur11 rent basis; 

12 (C) full compliance with the requirements 

13 of this section; and 

14 (D) communication of information as re15 quired under subsection (j). 

16 (3) DEADLINE.—The Attorney General shall 

17 make the first complete edition of this software 

18 available to jurisdictions not later than two years 

19 after the date of the enactment of this Act. 

20 (m) PERIOD FOR IMPLEMENTATION BY JURISDIC21 TIONS.— 

22 (1) DEADLINE.—To be in compliance with this 

23 section, a jurisdiction shall implement this section 

24 before the later of— 


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1 (A) three years after the date of the enact2 ment of this Act; or 

3 (B) one year after the date on which the 

4 software described in subsection (l) is made 

5 available to such jurisdiction. 

6 (2) EXTENSIONS.—The Attorney General may 

7 authorize not more than two one-year extensions of 

8 the deadline under paragraph (1). 

9 (n) FAILURE OF JURISDICTION TO COMPLY.— 

10 (1) IN GENERAL.—For any fiscal year after the 

11 deadline described in subsection (m), a jurisdiction 

12 that fails, as determined by the Attorney General, to 

13 substantially implement this section shall not receive 

14 10 percent of the funds that would otherwise be allo15 cated for that fiscal year to the jurisdiction under 

16 subpart 1 of part E of title I of the Omnibus Crime 

17 Control and Safe Streets Act of 1968 (42 U.S.C. 

18 3750 et seq.). 

19 (2) STATE CONSTITUTIONALITY.— 

20 (A) IN GENERAL.—When evaluating 

21 whether a jurisdiction has substantially imple22 mented this section, the Attorney General shall 

23 consider whether the jurisdiction is unable to 

24 substantially implement this section because of 

25 a demonstrated inability to implement certain 


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1 provisions that would place the jurisdiction in 

2 violation of its constitution, as determined by a 

3 ruling of the jurisdiction’s highest court. 

4 (B) EFFORTS.—If the circumstances arise 

5 under subparagraph (A), then the Attorney 

6 General and the jurisdiction involved shall make 

7 good faith efforts to accomplish substantial im8 plementation of this section and to reconcile 

9 any conflicts between this section and the juris10 diction’s constitution. In considering whether 

11 compliance with the requirements of this section 

12 would likely violate the jurisdiction’s constitu13 tion or an interpretation thereof by the jurisdic14 tion’s highest court, the Attorney General shall 

15 consult with the chief executive and chief legal 

16 officer of the jurisdiction concerning the juris17 diction’s interpretation of the jurisdiction’s con18 stitution and rulings thereon by the jurisdic19 tion’s highest court. 

20 (C) ALTERNATIVE PROCEDURES.—If a ju21 risdiction is unable to substantially implement 

22 this section because of a limitation imposed by 

23 the jurisdiction’s constitution, the Attorney 

24 General may determine that the jurisdiction is 

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1 tion has made, or is in the process of imple2 menting, reasonable alternative procedures or 

3 accommodations, which are consistent with the 

4 purposes of this section. 

5 (3) REALLOCATION.—Amounts not allocated 

6 under a program referred to in this subsection to a 

7 jurisdiction for failure to substantially implement 

8 this section shall be reallocated under that program 

9 to jurisdictions that have not failed to substantially 

10 implement this section or may be reallocated to a ju11 risdiction from which they were withheld to be used 

12 solely for the purpose of implementing this section. 

13 (4) RULE OF CONSTRUCTION.—The provisions 

14 of this section that are cast as directions to jurisdic15 tions or their officials constitute, in relation to 

16 States, only conditions required to avoid the reduc17 tion of Federal funding under this subsection. 

18 (5) EXCEPTION FOR FAILURES TO RECEIVE

19 CRIMINAL ARSONIST MANAGEMENT ASSISTANCE PRO20 GRAM GRANTS.—For any fiscal year for which a ju21 risdiction submits an application to the Attorney 

22 General under subsection (b) of section 3 for a grant 

23 under subsection (a) of such section and is not 

24 awarded any grant funding under such subsection 


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1 such jurisdiction shall not be subject to paragraph 

2 (1). 

3 (o) ELECTION BY INDIAN TRIBES.— 

4 (1) ELECTION.— 

5 (A) IN GENERAL.—A federally recognized 

6 Indian tribe may, by resolution or other enact7 ment of the tribal council or comparable gov8 ernmental body, elect to carry out this subtitle 

9 as a jurisdiction subject to its provisions. 

10 (B) IMPLEMENTATION.—If a tribe does 

11 not, within one year of the enactment of this 

12 Act, make an election to take on these duties, 

13 it shall, by resolution or other enactment of the 

14 tribal council or comparable governmental body, 

15 enter into a cooperative agreement to arrange 

16 for a jurisdiction to carry out any function of 

17 the tribe under this Act until such time as the 

18 tribe elects to carry out this Act. 

19 (2) COOPERATION BETWEEN TRIBAL AUTHORI20 TIES AND OTHER JURISDICTIONS.— 

21 (A) NONDUPLICATION.—A tribe subject to 

22 this subtitle is not required to duplicate func23 tions under this subtitle which are fully carried 

24 out by another jurisdiction or jurisdictions with25 in which the territory of the tribe is located. 


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1 (B) COOPERATIVE AGREEMENTS.—A tribe 

2 may, through cooperative agreements with such 

3 a jurisdiction or jurisdictions— 

4 (i) arrange for the tribe to carry out 

5 any function of such a jurisdiction under 

6 this subtitle with respect to arsonists sub7 ject to the tribe’s jurisdiction; and 

8 (ii) arrange for such a jurisdiction to 

9 carry out any function of the tribe under 

10 this subtitle with respect to arsonists sub11 ject to the tribe’s jurisdiction. 

12 (3) LAW ENFORCEMENT AUTHORITY IN INDIAN

13 COUNTRY.—Enforcement of this Act in Indian coun14 try, as defined in section 1151 of title 18, United 

15 States Code, shall be carried out by Federal, Tribal, 

16 and State governments under existing jurisdictional 

17 authorities. 

18 (p) IMMUNITY FOR GOOD FAITH CONDUCT.—The 

19 Federal Government, jurisdictions, political subdivisions of 

20 jurisdictions, and their agencies, officers, employees, and 

21 agents shall be immune from liability for good faith con22 duct under this section. 

23 (q) AUTHORIZATION OF APPROPRIATIONS.—In addi24 tion to any amounts otherwise authorized to be appro25 priated, there are authorized to be appropriated to the AtVerDate Aug 31 2005 01:55 Dec 07, 2007 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1759.RFS H1759

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1 torney General, to carry out subsections (h) and (i) of this 

2 section, such sums as may be necessary for each of the 

3 fiscal years 2009 through 2014. 

4 SEC. 3. CRIMINAL ARSONIST MANAGEMENT ASSISTANCE 

5 PROGRAM. 

6 (a) IN GENERAL.—The Attorney General shall estab7 lish and implement a Criminal Arsonist Management As8 sistance program (in this section referred to as the ‘‘As9 sistance Program’’), under which the Attorney General 

10 shall award grants to jurisdictions to offset the costs of 

11 implementing section 2. 

12 (b) APPLICATION.—The chief executive of a jurisdic13 tion desiring a grant under this section, with respect to 

14 a fiscal year, shall for each such fiscal year submit to the 

15 Attorney General an application in such form and con16 taining such information as the Attorney General may re17 quire. 

18 (c) INCREASED GRANT PAYMENTS FOR PROMPT

19 COMPLIANCE.—A jurisdiction that, as determined by the 

20 Attorney General, has substantially implemented section 

21 2 not later than two years after the date of the enactment 

22 of this Act is eligible for a bonus payment in addition to 

23 the amount of grant funds available to such jurisdiction 

24 under subsection (a). The Attorney General may, with re25 spect to a jurisdiction, make such a bonus payment to the 


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1 jurisdiction for the first fiscal year beginning after the 

2 date such determination is made. The amount of the 

3 bonus payment shall be as follows: 

4 (1) In the case of a determination that the ju5 risdiction has substantially implemented such section 

6 by a date that is not later than the date that is one 

7 year after the date of the enactment of this Act, 10 

8 percent of the total grant funds available to the ju9 risdiction under subsection (a) for such fiscal year. 

10 (2) In the case of a determination that the ju11 risdiction has substantially implemented such section 

12 by a date that is later than one year after the date 

13 of the enactment of this Act, but not later than the 

14 date that is two years after such date of enactment, 

15 5 percent of such total. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi17 tion to any amounts otherwise authorized to be appro18 priated, there are authorized to be appropriated to the At19 torney General, to be available to carry out this section, 

20 such sums as may be necessary for each of the fiscal years 

21 2009 through 2014. 

22 SEC. 4. DEFINITIONS. 

23 For purposes of this Act: 

24 (1) CRIMINAL ARSONIST.—The term ‘‘criminal 

25 arsonist’’ means an individual who is convicted of 


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1 any criminal offense for committing arson in viola2 tion of the laws of the jurisdiction in which such of3 fense was committed or the United States. Such 

4 term shall not include a juvenile who is convicted of 

5 such an offense unless such juvenile was tried as an 

6 adult for such offense. 

7 (2) ARSONIST REGISTRY.—The term ‘‘arsonist 

8 registry’’ means a registry of criminal arsonists, and 

9 a notification program, maintained by a jurisdiction. 

10 (3) CRIMINAL OFFENSE.—The term ‘‘criminal 

11 offense’’ means a State, local, tribal, foreign, or mili12 tary offense (to the extent specified by the Secretary 

13 of Defense under section 115(a)(8)(C)(i) of Public 

14 Law 105–119 (10 U.S.C. 951 note)) or other crimi15 nal offense. 

16 (4) EMPLOYEE.—The term ‘‘employee’’ includes 

17 an individual who is self-employed or works for any 

18 other entity, whether compensated or not. 

19 (5) FIRE SAFETY OFFICER.—The term ‘‘fire 

20 safety officer’’ means— 

21 (A) a firefighter, as such term is defined in 

22 section 1204 of the Omnibus Crime Control and 

23 Safe Street Act of 1968 (42 U.S.C. 3796b); or 

24 (B) an individual serving in an official ca25 pacity as a firefighter, fire investigator, or other 


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1 arson investigator, as defined by the jurisdiction 

2 for the purposes of this Act. 

3 (6) JURISDICTION.—The term ‘‘jurisdiction’’ 

4 means any of the following: 

5 (A) A State. 

6 (B) The District of Columbia. 

7 (C) The Commonwealth of Puerto Rico. 

8 (D) Guam. 

9 (E) American Samoa. 

10 (F) The Northern Mariana Islands. 

11 (G) The United States Virgin Islands. 

12 (H) To the extent provided and subject to 

13 the requirements of section 2(o), a federally 

14 recognized Indian tribe. 

15 (7) LAW ENFORCEMENT OFFICER.—The term 

16 ‘‘law enforcement officer’’ has the meaning given 

17 such term in section 1204 of the Omnibus Crime 

18 Control and Safe Street Act of 1968 (42 U.S.C. 

19 3796b). 

20 (8) RESIDES.—The term ‘‘resides’’ means, with 

21 respect to an individual, the location of the individ22 ual’s home or other place where the individual habit23 ually lives. 

24 (9) STUDENT.—The term ‘‘student’’ means an 

25 individual who enrolls in or attends an educational 


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1 institution (whether public or private), including a 

2 secondary school, trade or professional school, and 

3 institution of higher education. 

Passed the House of Representatives December 5, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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