I 

110TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mrs. BONO (for herself and Mr. SCHIFF) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

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

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1 SEC. 2. ARSONIST REGISTRATION AND NOTIFICATION PRO2 GRAM. 

3 (a) REGISTRY REQUIREMENTS FOR JURISDIC4 TIONS.— 

5 (1) JURISDICTION TO MAINTAIN A REGISTRY.— 

6 Each jurisdiction shall establish and maintain a ju7 risdiction-wide arsonist registry conforming to the 

8 requirements of this section. 

9 (2) GUIDELINES AND REGULATIONS.—The At10 torney General shall issue guidelines and regulations 

11 to interpret and implement this section. 

12 (b) REGISTRY REQUIREMENTS FOR CRIMINAL

13 ARSONISTS.— 

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

15 register, and shall keep the registration current, in 

16 each jurisdiction where the arsonist resides, where 

17 the arsonist is an employee, and where the arsonist 

18 is a student. For initial registration purposes only, 

19 a criminal arsonist shall also register in the jurisdic20 tion in which convicted if such jurisdiction is dif21 ferent from the jurisdiction of residence. 

22 (2) INITIAL REGISTRATION.—The criminal ar23 sonist shall initially register— 

24 (A) before completing a sentence of impris25 onment with respect to the offense giving rise 

26 to the registration requirement; or 

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1 (B) not later than three business days 

2 after being sentenced for that offense, if the 

3 criminal arsonist is not sentenced to a term of 

4 imprisonment. 

5 (3) KEEPING THE REGISTRATION CURRENT.—A 

6 criminal arsonist shall, not later than three business 

7 days after each change of name, residence, employ8 ment, or student status, appear in person in at least 

9 one jurisdiction involved pursuant to paragraph (1) 

10 and inform that jurisdiction of all changes in the in11 formation required for that arsonist in the arsonist 

12 registry involved. That jurisdiction shall immediately 

13 provide the revised information to all other jurisdic14 tions in which the arsonist is required to register. 

15 (4) INITIAL REGISTRATION OF CRIMINAL

16 ARSONISTS UNABLE TO COMPLY WITH PARAGRAPH

17 (2).—The Attorney General shall have the authority 

18 to specify the applicability of the requirements of 

19 this section to criminal arsonists convicted before the 

20 date of the enactment of this Act or its implementa21 tion in a particular jurisdiction, and to prescribe 

22 rules for the registration of any such criminal 

23 arsonists and other categories of criminal arsonists 

24 who are unable to comply with paragraph (2). 

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1 (5) STATE PENALTY FOR FAILURE TO COM2 PLY.—Each jurisdiction, other than a Federally rec3 ognized Indian tribe, shall provide a criminal penalty 

4 that includes a maximum term of imprisonment that 

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

6 arsonist to comply with the requirements of this sec7 tion. 

8 (6) LIMITED AUTHORITY TO EXEMPT CERTAIN

9 CRIMINAL ARSONISTS FROM REGISTRY REQUIRE10 MENTS.—A jurisdiction shall have the authority to 

11 exempt a criminal arsonist who has been convicted 

12 of the offense of arson in violation of the laws of the 

13 jurisdiction in which the offense was committed or 

14 the United States for the first time from the reg15 istration requirements under this section in ex16 change for such arsonist’s substantial assistance in 

17 the investigation or prosecution of another person 

18 who has committed an offense. The jurisdiction shall 

19 revoke any such exemption and order the arsonist to 

20 comply with the registration requirements of this 

21 section immediately upon cessation of active co22 operation with the jurisdiction relating to such inves23 tigation or prosecution. The Attorney General shall 

24 assure that any regulations promulgated under this 

25 section include guidelines that reflect the general apmstockstill on PROD1PC66 with BILLS

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1 propriateness of exempting such an arsonist from 

2 the registration 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 A criminal arsonist shall keep the registration information 

25 provided under subsection (c) current for the full registramstockstill on PROD1PC66 with BILLS

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1 tion period (excluding any time the arsonist is in custody 

2 or civilly committed). For purposes of this subsection, the 

3 full registration period— 

4 (1) shall commence on the later of the date on 

5 which the arsonist is convicted of an offense of arson 

6 in violation of the laws of the jurisdiction in which 

7 the offense was committed or the United States, the 

8 date on which the arsonist is released from prison 

9 for such conviction, or the date on which such arson10 ist is placed on parole, supervised release, or proba11 tion for such conviction; and 

12 (2) shall be— 

13 (A) five years for an arsonist who has been 

14 convicted of such an offense for the first time; 

15 (B) ten years for an arsonist who has been 

16 convicted of such an offense for the second 

17 time; and 

18 (C) for the life of the arsonist for an ar19 sonist who has been convicted of such an of20 fense more than twice. 

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

22 each calendar year during the full registration period, a 

23 criminal arsonist required to register under this section 

24 shall— 

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1 (1) appear in person at not less than one juris2 diction in which such arsonist is required to register; 

3 (2) allow such jurisdiction to take a current 

4 photograph of the arsonist; and 

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

6 information in each registry in which that arsonist 

7 is required to be registered. 

8 (f) DUTY TO NOTIFY CRIMINAL ARSONISTS OF REG9 ISTRATION REQUIREMENTS AND TO REGISTER.— 

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

11 shortly before release of a criminal arsonist from 

12 custody, or, if the arsonist is not in custody, imme13 diately after the sentencing of the arsonist for the 

14 offense giving rise to the duty to register— 

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

16 arsonist under this section and explain those 

17 duties; 

18 (B) require the arsonist to read and sign 

19 a form stating that the duty to register has 

20 been explained and that the arsonist under21 stands the registration requirement; and 

22 (C) ensure that the arsonist is registered. 

23 (2) NOTIFICATION OF CRIMINAL ARSONISTS

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

25 Attorney General shall prescribe rules for the notifimstockstill on PROD1PC66 with BILLS

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1 cation of criminal arsonists who cannot be notified 

2 and registered in accordance with paragraph (1). 

3 (g) ACCESS TO CRIMINAL ARSONIST INFORMATION

4 THROUGH THE INTERNET.— 

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

6 subsection, each jurisdiction shall make available on 

7 the Internet, in a manner that is readily accessible 

8 to all jurisdictions, law enforcement officers, and fire 

9 safety officers, all information about each criminal 

10 arsonist in the registry. The jurisdiction shall also 

11 include in the design of its Internet site all field 

12 search capabilities needed for full participation in 

13 the National criminal arsonist Internet site estab14 lished under subsection (i) and shall participate in 

15 that Internet site as provided by the Attorney Gen16 eral. 

17 (2) OPTIONAL EXEMPTIONS.—A jurisdiction 

18 may exempt from disclosure, with respect to infor19 mation about a criminal arsonist— 

20 (A) any information about the arsonist in21 volving conviction for an offense other than the 

22 offense or offenses for which the arsonist is reg23 istered; 

24 (B) the name of an employer of the arson25 ist; 

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1 (C) the name of an educational institution 

2 where the arsonist is a student; 

3 (D) 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 (E) any other information identified as an 

9 optional exemption from disclosure by the At10 torney General. 

11 (3) LINKS.—An Internet site established by a 

12 jurisdiction pursuant to paragraph (1) shall include, 

13 to the extent practicable, links to substance abuse 

14 education resources. 

15 (4) CORRECTION OF ERRORS.—An Internet site 

16 established by a jurisdiction pursuant to paragraph 

17 (1) shall include instructions on how to seek correc18 tion of information that an individual contends is er19 roneous. 

20 (5) WARNING.—An Internet site established by 

21 a jurisdiction pursuant to paragraph (1) shall in22 clude a warning that information on the site should 

23 not be used to unlawfully injure, harass, or commit 

24 a crime against any individual named in the registry 

25 or residing or working at any reported address. The 

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1 warning shall note that any such action could result 

2 in civil or criminal penalties. 

3 (h) NATIONAL CRIMINAL ARSONIST REGISTRY.— 

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

5 maintain a national database at the Federal Bureau 

6 of Investigation for each criminal arsonist and any 

7 other person required to register in a jurisdiction’s 

8 arsonist registry under subsection (a). The database 

9 shall be known as the National Arsonist Registry. 

10 (2) ELECTRONIC FORWARDING.—The Attorney 

11 General shall ensure (through the National Arsonist 

12 Registry or otherwise) that updated information 

13 about a criminal arsonist is immediately transmitted 

14 by electronic forwarding to all relevant jurisdictions. 

15 (i) NATIONAL ARSONIST INTERNET SITE.—The At16 torney General shall establish and maintain a national ar17 sonist Internet site. The Internet site shall include rel18 evant information for each criminal arsonist and other 

19 person listed on a jurisdiction’s Internet site under sub20 section (g). The Internet site shall allow law enforcement 

21 officers and fire safety officers to obtain relevant informa22 tion for each such arsonist by a single query for any given 

23 zip code or geographical radius set by the user in a form 

24 and with such limitations as may be established by the 

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1 Attorney General and shall have such other field search 

2 capabilities as the Attorney General may provide. 

3 (j) NOTIFICATION PROCEDURES.—Under an arsonist 

4 registration program established by a jurisdiction pursu5 ant to subsection (a), immediately after a criminal arson6 ist registers or updates a registration, an appropriate offi7 cial in the jurisdiction shall provide the information in the 

8 registry (other than information exempted from disclosure 

9 by the Attorney General) about that offender to the fol10 lowing: 

11 (1) The Attorney General, who shall include 

12 that information in the National Arsonist Registry 

13 or other appropriate databases. 

14 (2) Appropriate law enforcement agencies (in15 cluding probation agencies, if appropriate), and each 

16 school and public housing agency, in each area in 

17 which the offender resides, is an employee, or is a 

18 student. 

19 (3) Each jurisdiction where the offender re20 sides, is an employee, or is a student, and each juris21 diction from or to which a change of residence, em22 ployment, or student status occurs. 

23 (4) Any organization, company, or individual 

24 who requests such notification pursuant to proce25 dures established by the jurisdiction. 

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1 (k) ACTIONS TO BE TAKEN WHEN CRIMINAL AR2 SONIST FAILS TO COMPLY.—Under an arsonist registra3 tion program established by a jurisdiction pursuant to 

4 subsection (a), an appropriate official of the jurisdiction 

5 shall notify the Attorney General and appropriate law en6 forcement agencies of any failure by a criminal arsonist 

7 to comply with the requirements of the arsonist registry 

8 for such jurisdiction, and shall revise the registry to reflect 

9 the nature of such failure. The appropriate official, the 

10 Attorney General, and each such law enforcement agency 

11 shall take any appropriate action to ensure compliance. 

12 (l) DEVELOPMENT AND AVAILABILITY OF REGISTRY

13 MANAGEMENT AND WEBSITE SOFTWARE.— 

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

15 Attorney General shall, in consultation with the ju16 risdictions, develop and support software to enable 

17 jurisdictions to establish and operate uniform arson18 ist registries and Internet sites. 

19 (2) CRITERIA.—The software described in para20 graph (1) should facilitate— 

21 (A) immediate exchange of information 

22 among jurisdictions; 

23 (B) access over the Internet to appropriate 

24 information, including the number of registered 

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1 criminal arsonists in each jurisdiction on a cur2 rent basis; 

3 (C) full compliance with the requirements 

4 of this section; and 

5 (D) communication of information as re6 quired under subsection (j). 

7 (3) DEADLINE.—The Attorney General shall 

8 make the first complete edition of this software 

9 available to jurisdictions not later than two years 

10 after the date of the enactment of this Act. 

11 (m) PERIOD FOR IMPLEMENTATION BY JURISDIC12 TIONS.— 

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

14 section, a jurisdiction shall implement this section 

15 before the later of— 

16 (A) three years after the date of the enact17 ment of this Act; or 

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

19 software described in subsection (l) is made 

20 available to such jurisdiction. 

21 (2) EXTENSIONS.—The Attorney General may 

22 authorize not more than two one-year extensions of 

23 the deadline under paragraph (1). 

24 (n) FAILURE OF JURISDICTION TO COMPLY.— 

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

2 deadline described in subsection (m), a jurisdiction 

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

4 substantially implement this section shall not receive 

5 10 percent of the funds that would otherwise be allo6 cated for that fiscal year to the jurisdiction under 

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

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

9 3750 et seq.). 

10 (2) STATE CONSTITUTIONALITY.— 

11 (A) IN GENERAL.—When evaluating 

12 whether a jurisdiction has substantially imple13 mented this section, the Attorney General shall 

14 consider whether the jurisdiction is unable to 

15 substantially implement this section because of 

16 a demonstrated inability to implement certain 

17 provisions that would place the jurisdiction in 

18 violation of its constitution, as determined by a 

19 ruling of the jurisdiction’s highest court. 

20 (B) EFFORTS.—If the circumstances arise 

21 under subparagraph (A), then the Attorney 

22 General and the jurisdiction involved shall make 

23 good faith efforts to accomplish substantial im24 plementation of this section and to reconcile 

25 any conflicts between this section and the jurismstockstill on PROD1PC66 with BILLS

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1 diction’s constitution. In considering whether 

2 compliance with the requirements of this section 

3 would likely violate the jurisdiction’s constitu4 tion or an interpretation thereof by the jurisdic5 tion’s highest court, the Attorney General shall 

6 consult with the chief executive and chief legal 

7 officer of the jurisdiction concerning the juris8 diction’s interpretation of the jurisdiction’s con9 stitution and rulings thereon by the jurisdic10 tion’s highest court. 

11 (C) ALTERNATIVE PROCEDURES.—If a ju12 risdiction is unable to substantially implement 

13 this section because of a limitation imposed by 

14 the jurisdiction’s constitution, the Attorney 

15 General may determine that the jurisdiction is 

16 in compliance with this section if the jurisdic17 tion has made, or is in the process of imple18 menting, reasonable alternative procedures or 

19 accommodations, which are consistent with the 

20 purposes of this section. 

21 (D) FUNDING REDUCTION.—If a jurisdic22 tion determined to be in compliance under sub23 paragraph (C) does not comply with the alter24 native procedures or accommodations described 

25 in such subparagraph, then the jurisdiction 

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1 shall be subject to a funding reduction as speci2 fied in paragraph (1). 

3 (3) REALLOCATION.—Amounts not allocated 

4 under a program referred to in this subsection to a 

5 jurisdiction for failure to substantially implement 

6 this section shall be reallocated under that program 

7 to jurisdictions that have not failed to substantially 

8 implement this section or may be reallocated to a ju9 risdiction from which they were withheld to be used 

10 solely for the purpose of implementing this section. 

11 (4) RULE OF CONSTRUCTION.—The provisions 

12 of this section that are cast as directions to jurisdic13 tions or their officials constitute, in relation to 

14 States, only conditions required to avoid the reduc15 tion of Federal funding under this subsection. 

16 (o) ELECTION BY INDIAN TRIBES.— 

17 (1) ELECTION.— 

18 (A) IN GENERAL.—A federally recognized 

19 Indian tribe may, by resolution or other enact20 ment of the tribal council or comparable gov21 ernmental body, elect to carry out this subtitle 

22 as a jurisdiction subject to its provisions. 

23 (B) IMPLEMENTATION.—If a tribe does 

24 not, within one year of enactment of this Act, 

25 make an election to take on these duties, it 

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1 shall, by resolution or other enactment of the 

2 tribal council or comparable governmental body, 

3 enter into a cooperative agreement to arrange 

4 for a jurisdiction to carry out any function of 

5 the tribe under this Act until such time as the 

6 tribe elects to carry out this Act. 

7 (2) COOPERATION BETWEEN TRIBAL AUTHORI8 TIES AND OTHER JURISDICTIONS.— 

9 (A) NONDUPLICATION.—A tribe subject to 

10 this subtitle is not required to duplicate func11 tions under this subtitle which are fully carried 

12 out by another jurisdiction or jurisdictions with13 in which the territory of the tribe is located. 

14 (B) COOPERATIVE AGREEMENTS.—A tribe 

15 may, through cooperative agreements with such 

16 a jurisdiction or jurisdictions— 

17 (i) arrange for the tribe to carry out 

18 any function of such a jurisdiction under 

19 this subtitle with respect to arsonists sub20 ject to the tribe’s jurisdiction; and 

21 (ii) arrange for such a jurisdiction to 

22 carry out any function of the tribe under 

23 this subtitle with respect to arsonists sub24 ject to the tribe’s jurisdiction. 

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1 (3) LAW ENFORCEMENT AUTHORITY IN INDIAN

2 COUNTRY.—Enforcement of this Act in Indian coun3 try, as defined in section 1151 of title 18, United 

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

5 and State governments under existing jurisdictional 

6 authorities. 

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

8 Federal Government, jurisdictions, political subdivisions of 

9 jurisdictions, and their agencies, officers, employees, and 

10 agents shall be immune from liability for good faith con11 duct under this section. 

12 (q) AUTHORIZATION OF APPROPRIATIONS.—In addi13 tion to any amounts otherwise authorized to be appro14 priated, there are authorized to be appropriated to the At15 torney General, to carry out subsections (h) and (i) of this 

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

17 fiscal years 2008 through 2013. 

18 SEC. 3. CRIMINAL ARSONIST MANAGEMENT ASSISTANCE 

19 PROGRAM. 

20 (a) IN GENERAL.—The Attorney General shall estab21 lish and implement a Criminal Arsonist Management As22 sistance program (in this section referred to as the ‘‘As23 sistance Program’’), under which the Attorney General 

24 may award a grant to a jurisdiction to offset the costs 

25 of implementing section 2. 

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1 (b) APPLICATION.—The chief executive of a jurisdic2 tion desiring a grant under this section shall, on an annual 

3 basis, submit to the Attorney General an application in 

4 such form and containing such information as the Attor5 ney General may require. 

6 (c) BONUS PAYMENTS FOR PROMPT COMPLIANCE.— 

7 A jurisdiction that, as determined by the Attorney Gen8 eral, has substantially implemented section 2 not later 

9 than two years after the date of the enactment of this Act 

10 is eligible for a bonus payment. The Attorney General may 

11 make such a payment under the Assistance Program for 

12 the first fiscal year beginning after that determination. 

13 The amount of the bonus payment shall be as follows: 

14 (1) In the case of a determination that the ju15 risdiction has substantially implemented such section 

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

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

18 percent of the total received by the jurisdiction 

19 under the Assistance Program for the preceding fis20 cal year. 

21 (2) In the case of a determination that the ju22 risdiction has substantilly implemented such section 

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

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

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

2 5 percent of such total. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to any amounts otherwise authorized to be appro5 priated, there are authorized to be appropriated to the At6 torney General, to be available only for the Assistance Pro7 gram, such sums as may be necessary for each of the fiscal 

8 years 2008 through 2013. 

9 SEC. 4. DEFINITIONS. 

10 For purposes of this Act: 

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

12 arsonist’’ means an individual who is convicted of 

13 any criminal offense for committing arson in viola14 tion of the laws of the jurisdiction in which such of15 fense was committed or the United States. 

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

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

18 a notification program, maintained by a jurisdiction. 

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

20 offense’’ means a State, local, tribal, foreign, or mili21 tary offense (to the extent specified by the Secretary 

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

23 Law 105–119 (10 U.S.C. 951 note)) or other crimi24 nal offense. 

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

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

3 other entity, whether compensated or not. 

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

5 safety officer’’ means— 

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

7 section 1204 of the Omnibus Crime Control and 

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

9 (B) an individual serving in an official ca10 pacity as a firefighter, fire investigator, or other 

11 arson investigator, as defined by the jurisdiction 

12 for the purposes of this Act. 

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

14 means any of the following: 

15 (A) A State. 

16 (B) The District of Columbia. 

17 (C) The Commonwealth of Puerto Rico. 

18 (D) Guam. 

19 (E) American Samoa. 

20 (F) The Northern Mariana Islands. 

21 (G) The United States Virgin Islands. 

22 (H) To the extent provided and subject to 

23 the requirements of section 2(o), a Federally 

24 recognized Indian tribe. 

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1 (7) LAW ENFORCEMENT OFFICER.—The term 

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

3 such term in section 1204 of the Omnibus Crime 

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

5 3796b)). 

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

7 respect to an individual, the location of the individ8 ual’s home or other place where the individual habit9 ually lives. 

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

11 individual who enrolls in or attends an educational 

12 institution (whether public or private), including a 

13 secondary school, trade or professional school, and 

14 institution of higher education. 

Æ 

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