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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1727 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1727

To establish guidelines and incentives for States to establish criminal 
  arsonist and criminal bomber registries and to require the Attorney 
 General to establish a national criminal arsonist and criminal bomber 
               registry program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2009

 Mrs. Bono Mack (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 criminal 
  arsonist and criminal bomber registries and to require the Attorney 
 General to establish a national criminal arsonist and criminal bomber 
               registry program, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

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

    (a) Registry Requirements for Jurisdictions.--
            (1) Jurisdiction to maintain a registry.--Each jurisdiction 
        shall establish and maintain a jurisdiction-wide arsonist and 
        bomber registry 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 and Bombers.--
            (1) In general.--A criminal arsonist or criminal bomber 
        shall register, and shall keep the registration current, in 
        each jurisdiction where the criminal arsonist or criminal 
        bomber resides, where the criminal arsonist or criminal bomber 
        is an employee, and where the criminal arsonist or criminal 
        bomber is a student. For initial registration purposes only, a 
        criminal arsonist or criminal bomber 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 or 
        criminal bomber 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 or 
                criminal bomber is not sentenced to a term of 
                imprisonment.
            (3) Keeping the registration current.--A criminal arsonist 
        or criminal bomber shall, not later than 10 business days after 
        each change of name, residence, employment, or student status, 
        appear in person in at least one jurisdiction involved pursuant 
        to paragraph (1) and inform that jurisdiction of all changes in 
        the information required for that criminal arsonist or criminal 
        bomber in the arsonist and bomber registry involved. That 
        jurisdiction shall immediately provide the revised information 
        to all other jurisdictions in which the criminal arsonist or 
        criminal bomber is required to register.
            (4) Application of registration requirements.--
                    (A) In general.--Except as provided in 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 or criminal bomber who was convicted of a 
                criminal offense involving arson or bombing 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 or criminal 
                bombers 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 or criminal bombers 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 or 
                        criminal bombers who are otherwise unable to 
                        comply with paragraph (2).
                            (ii) Information required to be included in 
                        registry.--With respect to each criminal 
                        arsonist or criminal bomber 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 and 
                        bomber 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 criminal 
                                arsonist or criminal bomber (including 
                                any alias used by the person).
                                    (II) The Social Security number of 
                                the person.
                                    (III) The most recent known address 
                                of the residence at which the person 
                                has resided.
                                    (IV) A physical description of the 
                                person.
                                    (V) The text of the provision of 
                                law defining the criminal offense for 
                                which the person is convicted.
                                    (VI) A set of fingerprints and palm 
                                prints of the person.
                                    (VII) A photocopy of a valid 
                                driver's license or identification card 
                                issued to the person 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 or criminal bomber included 
                        in an arsonist and bomber registry pursuant to 
                        this subparagraph of such inclusion.
            (5) State penalty for failure to comply.--Each 
        jurisdiction, other than a Federally recognized Indian tribe, 
        shall provide a criminal penalty that includes a maximum term 
        of imprisonment that is greater than one year for the failure 
        of a criminal arsonist or criminal bomber to comply with the 
        requirements of this section.
            (6) Authority to exempt certain persons from registry 
        requirements.--A jurisdiction shall have the authority to 
        exempt a criminal arsonist or criminal bomber who has been 
        convicted of the offense of arson or bombing in violation of 
        the laws of the jurisdiction in which the offense was committed 
        or the United States for the first time from the registration 
        requirements under this section in exchange for the person's 
        substantial assistance in the investigation or prosecution of 
        another person who has committed an offense. The Attorney 
        General shall assure that any regulations promulgated under 
        this section include guidelines that reflect the general 
        appropriateness of exempting the person from the registration 
        requirements under this section.
    (c) Information Required in Registration.--
            (1) Provided by arsonist or bomber.--A criminal arsonist or 
        criminal bomber shall provide the following information to the 
        appropriate official for inclusion in the arsonist registry of 
        a jurisdiction in which the person is required to register:
                    (A) The name of the person (including any alias 
                used by the person).
                    (B) The Social Security number of the person.
                    (C) The address of each residence at which the 
                person resides or will reside.
                    (D) The name and address of any place where the 
                person is an employee or will be an employee.
                    (E) The name and address of any place where the 
                person is a student or will be a student.
                    (F) The license plate number and a description of 
                any vehicle owned or operated by the person.
                    (G) Any other information required by the Attorney 
                General.
            (2) Provided by the jurisdiction.--The jurisdiction in 
        which a criminal arsonist or criminal bomber registers shall 
        ensure that the following information is included in the 
        registry for the person:
                    (A) A physical description of the person.
                    (B) The text of the provision of law defining the 
                criminal offense for which the person is registered.
                    (C) The criminal history of the person, 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 person.
                    (D) A current photograph of the person.
                    (E) A set of fingerprints and palm prints of the 
                person.
                    (F) A photocopy of a valid driver's license or 
                identification card issued to the person by a 
                jurisdiction.
                    (G) Any other information required by the Attorney 
                General.
    (d) Duration of Registration Requirement; Expunging Registries of 
Information for Certain Juvenile Criminals.--
            (1) Duration of registration requirement.--A criminal 
        arsonist or criminal bomber shall keep the registration 
        information provided under subsection (c) current for the full 
        registration period (excluding any time the person is in 
        custody). For purposes of this subsection, the full 
        registration period--
                    (A) shall commence on the later of the date on 
                which the person is convicted of an offense of arson or 
                bombing in violation of the laws of the jurisdiction in 
                which the offense was committed or the United States, 
                the date on which the person is released from prison 
                for such conviction, or the date on which the person is 
                placed on parole, supervised release, or probation for 
                such conviction; and
                    (B) shall be--
                            (i) five years for a person who has been 
                        convicted of such an offense for the first 
                        time;
                            (ii) ten years for a person who has been 
                        convicted of such an offense for the second 
                        time; and
                            (iii) for the life of the person for a 
                        person who has been convicted of such an 
                        offense more than twice.
            (2) Expunging registries of information for certain 
        juvenile criminals.--
                    (A) In general.--In the case of a criminal arsonist 
                or criminal bomber described in subparagraph (B), a 
                jurisdiction shall expunge the arson and bomber 
                registry of such jurisdiction of information related to 
                such criminal arsonist or criminal bomber as of the 
                date that is 5 years after the last day of the 
                applicable full registration period under paragraph 
                (1).
                    (B) Criminal arsonist described.--For purposes of 
                subparagraph (A), a criminal arsonist or criminal 
                bomber described in this subparagraph is a criminal 
                arsonist or criminal bomber who--
                            (i) was a juvenile tried as an adult for 
                        the offense giving rise to the duty to 
                        register; 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 or criminal bomber 
                described in subparagraph (B) shall expunge the 
                applicable database of such information as of the date 
                that is 5 years after the last day of the applicable 
                full registration period under paragraph (1).
    (e) Annual Verification.--Not less than once in each calendar year 
during the full registration period, a criminal arsonist or criminal 
bomber required to register under this section shall--
            (1) appear in person at not less than one jurisdiction in 
        which the person is required to register;
            (2) allow such jurisdiction to take a current photograph of 
        the person; and
            (3) while present at such jurisdiction, verify the 
        information in each registry in which the person is required to 
        be registered.
    (f) Duty To Notify Criminal Arsonists and Criminal Bombers of 
Registration Requirements and to Register.--
            (1) In general.--An appropriate official shall, shortly 
        before release of a criminal arsonist or criminal bomber from 
        custody, or, if the person is not in custody, immediately after 
        the sentencing of the person for the offense giving rise to the 
        duty to register--
                    (A) inform the person of the duties of the person 
                under this section and explain those duties in a manner 
                that the person can understand in light of the person's 
                native language, mental capability, and age;
                    (B) ensure that the person understands the 
                registration requirement, and if so, require the person 
                to read and sign a form stating that the duty to 
                register has been explained and that the person 
                understands the registration requirement;
                    (C) if the person is unable to understand the 
                registration requirements, the official shall sign a 
                form stating that the person is unable to understand 
                the registration requirements; and
                    (D) ensure that the person is registered.
            (2) Notification of criminal arsonists and criminal bombers 
        who cannot comply with paragraph (1).--The Attorney General 
        shall prescribe rules to ensure the notification and 
        registration of criminal arsonists and criminal bombers in 
        accordance with paragraph (1) who cannot be notified and 
        registered at the time set forth in paragraph (1).
    (g) Access to Information Through the Internet.--
            (1) In general.--Except as provided in this subsection, 
        each jurisdiction shall make available on the Internet, in a 
        manner that is readily accessible to law enforcement personnel 
        and fire safety officers located in the jurisdiction, all 
        information about each criminal arsonist and criminal bomber in 
        the registry. The jurisdiction shall also include in the design 
        of its Internet site all field search capabilities needed for 
        full participation in the national 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.--Information about 
        a criminal arsonist or criminal bomber shall not be made 
        available under paragraph (1) on the Internet to the public.
            (3) Mandatory exemptions.--A jurisdiction shall exempt from 
        disclosure on the Internet site of the jurisdiction described 
        in paragraph (1), with respect to information about a criminal 
        arsonist or criminal bomber--
                    (A) any information about the criminal arsonist or 
                criminal bomber involving conviction for an offense 
                other than the offense or offenses for which the person 
                is registered;
                    (B) any information about the person if the person 
                is participating in a witness protection program and 
                the release of such information could jeopardize the 
                safety of the person or any other person; 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 on the Internet site of the jurisdiction 
        described in paragraph (1), with respect to information about a 
        criminal arsonist or criminal bomber--
                    (A) the name of an employer of the person; and
                    (B) the name of an educational institution where 
                the person 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 action in violation 
        of the previous sentence may result in a civil or criminal 
        penalty.
    (h) National Criminal Arsonist and Criminal Bomber Registry.--
            (1) In general.--The Attorney General shall maintain a 
        national database at the Bureau of Alcohol, Tobacco, Firearms 
        and Explosives for each criminal arsonist or criminal bomber. 
        The database shall be known as the National Criminal Arsonist 
        and Criminal Bomber Registry.
            (2) Electronic forwarding.--The Attorney General shall 
        ensure (through the national registry or otherwise) that 
        updated information about a criminal arsonist or criminal 
        bomber is immediately transmitted by electronic forwarding to 
        all relevant jurisdictions.
            (3) Authorization of appropriations.--In addition to any 
        amounts otherwise authorized to be appropriated, there are 
        authorized to be appropriated to the Attorney General, to carry 
        out this subsection, such sums as may be necessary for each of 
        the fiscal years 2010 through 2014.
    (i) National Arsonist and Bomber Internet Site.--
            (1) In general.--The Attorney General shall establish and 
        maintain a national arsonist and bomber Internet site. The 
        Internet site shall include relevant information for each 
        criminal arsonist or criminal bomber. The Internet site shall 
        allow law enforcement officers and fire safety officers to 
        obtain relevant information for each criminal arsonist or 
        criminal bomber by a single query for any given zip code or 
        geographical radius set by the user in a form and with such 
        limitations as may be established by the Attorney General and 
        shall have such other field search capabilities as the Attorney 
        General may provide.
            (2) Prohibition on access by the public.--Information about 
        a criminal arsonist or criminal bomber shall not be made 
        available under paragraph (1) on the Internet to the public.
            (3) Authorization of appropriations.--In addition to any 
        amounts otherwise authorized to be appropriated, there are 
        authorized to be appropriated to the Attorney General, to carry 
        out this subsection, such sums as may be necessary for each of 
        the fiscal years 2010 through 2014.
    (j) Notification Procedures.--Under a registration program 
established by a jurisdiction pursuant to subsection (a), immediately 
after a criminal arsonist or criminal bomber 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 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.
    (k) Actions To Be Taken When Criminal Arsonist or Criminal Bomber 
Fails To Comply.--Under a 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 or criminal 
bomber to comply with the requirements of the 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 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 or criminal bombers 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).
            (3) Failure of jurisdiction to comply.--For any fiscal year 
        after the expiration of the deadline specified in paragraph (1) 
        (and any extension under paragraph (2)), a jurisdiction that 
        fails, as determined by the Attorney General, to substantially 
        implement this section shall, at the discretion of the Attorney 
        General, be subject to not more than a 10 percent reduction of 
        the funds that would otherwise be allocated for that fiscal 
        year to the jurisdiction under subpart 1 of part E of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3750 et seq.), whether characterized as the Edward Byrne 
        Memorial State and Local Law Enforcement Assistance Programs, 
        the Local Government Law Enforcement Block Grants Program, the 
        Edward Byrne Memorial Justice Assistance Grant Program, or 
        otherwise.
    (n) Election by Indian Tribes.--
            (1) Election.--
                    (A) In general.--A federally recognized Indian 
                tribe may, by resolution or other enactment of the 
                tribal council or comparable governmental body, elect 
                to carry out this section as a jurisdiction subject to 
                its provisions.
                    (B) Implementation.--If a tribe does not, within 
                one year of the enactment of this Act, make an election 
                to take on these duties, it shall, by resolution or 
                other enactment of the tribal council or comparable 
                governmental body, enter into a cooperative agreement 
                to arrange for a jurisdiction to carry out any function 
                of the tribe under this section until such time as the 
                tribe elects to carry out this section.
            (2) Cooperation between tribal authorities and other 
        jurisdictions.--
                    (A) Nonduplication.--A tribe subject to this 
                section is not required to duplicate functions under 
                this section which are fully carried out by another 
                jurisdiction or jurisdictions within which the 
                territory of the tribe is located.
                    (B) Cooperative agreements.--A tribe may, through 
                cooperative agreements with such a jurisdiction or 
                jurisdictions--
                            (i) arrange for the tribe to carry out any 
                        function of such a jurisdiction under this 
                        section with respect to criminal arsonists or 
                        criminal bombers subject to the tribe's 
                        jurisdiction; and
                            (ii) arrange for such a jurisdiction to 
                        carry out any function of the tribe under this 
                        section with respect to criminal arsonists and 
                        criminal bombers subject to the tribe's 
                        jurisdiction.
            (3) Law enforcement authority in indian country.--
        Enforcement of this section in Indian country, as defined in 
        section 1151 of title 18, United States Code, shall be carried 
        out by Federal, tribal, and State governments under existing 
        jurisdictional authorities.
    (o) 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.
    (p) Criminal Arsonist and Criminal Bomber Management Assistance 
Program.--
            (1) In general.--The Attorney General shall establish and 
        implement a Criminal Arsonist and Bomber Management Assistance 
        program (in this subsection referred to as the ``Assistance 
        Program''), under which the Attorney General shall award grants 
        to jurisdictions to offset the costs of implementing the other 
        provisions of this section.
            (2) Application.--The chief executive of a jurisdiction 
        desiring a grant under this subsection, with respect to a 
        fiscal year, shall for each such fiscal year submit to the 
        Attorney General an application in such form and containing 
        such information as the Attorney General may require.
            (3) Increased grant payments for prompt compliance.--A 
        jurisdiction that, as determined by the Attorney General, has 
        substantially implemented the other provisions of this section 
        not later than two years after the date of the enactment of 
        this Act is eligible for a bonus payment in addition to the 
        amount of grant funds available to such jurisdiction under 
        paragraph (1). The Attorney General may, with respect to a 
        jurisdiction, make such a bonus payment to the jurisdiction for 
        the first fiscal year beginning after the date such 
        determination is made. The amount of the bonus payment shall be 
        as follows:
                    (A) In the case of a determination that the 
                jurisdiction has substantially implemented this section 
                by a date that is not later than the date that is one 
                year after the date of the enactment of this Act, 10 
                percent of the total grant funds available to the 
                jurisdiction under paragraph (1) for such fiscal year.
                    (B) In the case of a determination that the 
                jurisdiction has substantially implemented this section 
                by a date that is later than one year after the date of 
                the enactment of this Act, but not later than the date 
                that is two years after such date of enactment, 5 
                percent of such total.
            (4) Authorization of appropriations.--In addition to any 
        amounts otherwise authorized to be appropriated, there are 
        authorized to be appropriated to the Attorney General, to be 
        available to carry out this subsection, such sums as may be 
        necessary for each of the fiscal years 2010 through 2014.
    (q) Definitions.--For purposes of this section:
            (1) Criminal arsonist.--The term ``criminal arsonist'' 
        means an individual who is convicted of any criminal offense 
        for committing arson, attempting arson, or conspiracy to commit 
        arson in violation of the laws of the jurisdiction in which 
        such offense was committed or the United States. Such term 
        shall not include a juvenile who is convicted of such an 
        offense unless such juvenile was tried as an adult for such 
        offense.
            (2) Criminal bomber.--The term ``criminal bomber'' means an 
        individual who is convicted of any criminal offense for 
        committing a bombing, attempting a bombing, or conspiracy to 
        commit a bombing in violation of the laws of the jurisdiction 
        in which such offense was committed or the United States. Such 
        term shall not include a juvenile who is convicted of such an 
        offense unless such juvenile was tried as an adult for such 
        offense.
            (3) Arsonist and bomber registry.--The term ``arsonist and 
        bomber registry'' means a registry of criminal arsonists, and a 
        notification program, maintained by a jurisdiction.
            (4) Criminal offense.--The term ``criminal offense'' means 
        a Federal State, local, tribal, foreign, or military offense 
        (to the extent specified by the Secretary of Defense under 
        section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 
        note)) or other criminal offense.
            (5) Employee.--The term ``employee'' includes an individual 
        who is self-employed or works for any other entity, whether 
        compensated or not.
            (6) Fire safety officer.--The term ``fire safety officer'' 
        means an individual serving in an official capacity as a 
        firefighter, fire investigator, or other arson investigator, as 
        defined by the jurisdiction for the purposes of this section.
            (7) Jurisdiction.--The term ``jurisdiction'' means any of 
        the following:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) The Commonwealth of Puerto Rico.
                    (D) Guam.
                    (E) American Samoa.
                    (F) The Northern Mariana Islands.
                    (G) The United States Virgin Islands.
                    (H) To the extent provided and subject to the 
                requirements of subsection (o), a federally recognized 
                Indian tribe.
            (8) 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).
            (9) Resides.--The term ``resides'' means, with respect to 
        an individual, the location of the individual's home or other 
        place where the individual habitually lives.
            (10) Student.--The term ``student'' means an individual who 
        enrolls in or attends an educational institution (whether 
        public or private), including a secondary school, trade or 
        professional school, and institution of higher education.
                                 <all>
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