II 

111TH CONGRESS 

1ST SESSION S. 1684 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2009 

Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill; 

which was read twice and 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. 

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 2009’’. 


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1 SEC. 2. CRIMINAL ARSONIST AND CRIMINAL BOMBER REG2 ISTRATION AND NOTIFICATION PROGRAM. 

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 and bomber registry in ac8 cordance with this section. 

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

11 to carry out this section. 

12 (b) REGISTRY REQUIREMENTS FOR CRIMINAL

13 ARSONISTS AND BOMBERS.— 

14 (1) IN GENERAL.—A criminal arsonist or crimi15 nal bomber shall register, and shall keep the reg16 istration current in accordance with paragraph (3), 

17 in each jurisdiction in which the criminal arsonist or 

18 criminal bomber resides, is an employee, or is a stu19 dent. 

20 (2) INITIAL REGISTRATION.—A criminal arson21 ist or criminal bomber shall initially register— 

22 (A) in addition to any jurisdiction de23 scribed in paragraph (1), in the jurisdiction in 

24 which the criminal arsonist or criminal bomber 

25 was convicted; and 


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1 (B)(i) before completing a sentence of im2 prisonment with respect to the arson offense or 

3 bombing offense giving rise to the registration 

4 requirement; or 

5 (ii) not later than 5 business days after 

6 being sentenced for the arson offense or bomb7 ing offense giving rise to the registration re8 quirement, if the criminal arsonist or criminal 

9 bomber is not sentenced to a term of imprison10 ment. 

11 (3) KEEPING THE REGISTRATION CURRENT.— 

12 (A) IN GENERAL.—Not later than 10 busi13 ness days after each change of name, residence, 

14 employment, or student status, a criminal ar15 sonist or criminal bomber shall appear in per16 son in at least 1 jurisdiction described in para17 graph (1) and inform the jurisdiction of all 

18 changes in the information required for that 

19 criminal arsonist or criminal bomber in the ar20 sonist and bomber registry involved. 

21 (B) PROVISION TO OTHER JURISDIC22 TIONS.—A jurisdiction receiving information 

23 under subparagraph (A) shall immediately pro24 vide the revised information to all other jurisVerDate Nov 24 2008 23:10 Sep 17, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1684.IS S1684

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1 dictions in which the criminal arsonist or crimi2 nal bomber is required to register. 

3 (4) APPLICATION OF REGISTRATION REQUIRE4 MENTS.— 

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

6 the guidelines established under subparagraph 

7 (B), the requirements of this section, including 

8 the duties to register and to keep a registration 

9 current, shall apply only to a criminal arsonist 

10 or criminal bomber who was— 

11 (i) convicted of an arson offense or a 

12 bombing offense on or after the date of en13 actment of this Act; and 

14 (ii) notified of the duties and reg15 istered in accordance with subsection (f). 

16 (B) APPLICATION TO CRIMINAL ARSONISTS

17 OR CRIMINAL BOMBERS UNABLE TO COMPLY

18 WITH PARAGRAPH (2)(B).— 

19 (i) GUIDELINES.—The Attorney Gen20 eral shall establish guidelines in accordance 

21 with this subparagraph for each jurisdic22 tion for— 

23 (I) the application of the require24 ments of this section to criminal 

25 arsonists or criminal bombers conVerDate Nov 24 2008 23:10 Sep 17, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1684.IS S1684

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1 victed before the date of the enact2 ment of this Act, or the date of the 

3 implementation of this section in such 

4 a jurisdiction; and 

5 (II) the registration of any crimi6 nal arsonist or criminal bomber de7 scribed in subclause (I) who is other8 wise unable to comply with paragraph 

9 (2)(B). 

10 (ii) INFORMATION REQUIRED TO BE

11 INCLUDED IN REGISTRY.—With respect to 

12 each criminal arsonist or criminal bomber 

13 described in clause (i) convicted of an 

14 arson offense or bombing offense during 

15 the 10-year period ending on the date of 

16 enactment of this Act, the guidelines under 

17 clause (i) shall provide for the inclusion in 

18 the arsonist and bomber registry of each 

19 applicable jurisdiction (and, in accordance 

20 with subsection (j), the provision by the ju21 risdiction to each entity described in sub22 section (j)) of— 

23 (I) the name of the criminal ar24 sonist or criminal bomber (including 

25 any alias used by the individual); 


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1 (II) the Social Security number 

2 of the individual; 

3 (III) the most recent known ad4 dress of the residence at which the in5 dividual has resided; 

6 (IV) a physical description of the 

7 individual; 

8 (V) the text of the provision of 

9 law establishing the arson offense or 

10 bombing offense giving rise to the 

11 duty of the individual to register; 

12 (VI) a set of fingerprints and 

13 palm prints of the individual; 

14 (VII) a photocopy of a valid driv15 er’s license or identification card 

16 issued to the individual by a jurisdic17 tion, if available; and 

18 (VIII) any other information re19 quired by the Attorney General. 

20 (iii) NOTICE REQUIRED.—The guide21 lines under clause (i) shall require notice 

22 to each criminal arsonist or criminal bomb23 er included in an arsonist and bomber reg24 istry pursuant to this subparagraph of 

25 such inclusion. 


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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 1 year for the failure of a criminal 

6 arsonist or criminal bomber to comply with the re7 quirements of this section. 

8 (6) AUTHORITY TO EXEMPT CERTAIN INDIVID9 UALS FROM REGISTRY REQUIREMENTS.—A jurisdic10 tion may exempt a criminal arsonist or criminal 

11 bomber who has been convicted of an arson offense 

12 or a bombing offense for the first time from the reg13 istration requirements under this section in ex14 change for the substantial assistance of the indi15 vidual in the investigation or prosecution of another 

16 person who has committed a criminal offense. The 

17 Attorney General shall ensure that any regulations 

18 promulgated under this section include guidelines es19 tablishing criteria regarding when it is appropriate 

20 to exempt an individual from the registration re21 quirements under this section. 

22 (c) INFORMATION REQUIRED IN REGISTRATION.— 

23 (1) PROVIDED BY ARSONIST OR BOMBER.—A 

24 criminal arsonist or criminal bomber shall provide to 

25 the appropriate officer of a jurisdiction in which the 


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1 individual is required to register for inclusion in the 

2 arsonist and bomber registry of the jurisdiction— 

3 (A) the name of the individual (including 

4 any alias used by the individual); 

5 (B) the Social Security number of the indi6 vidual; 

7 (C) the address of each residence at which 

8 the individual resides or will reside; 

9 (D) the name and address of any place 

10 where the individual is an employee or will be 

11 an employee; 

12 (E) the name and address of any place 

13 where the individual is a student or will be a 

14 student; 

15 (F) the license plate number and a descrip16 tion of any vehicle owned or operated by the in17 dividual; and 

18 (G) any other information required by the 

19 Attorney General. 

20 (2) PROVIDED BY THE JURISDICTION.—The ju21 risdiction in which a criminal arsonist or criminal 

22 bomber registers shall ensure that the arsonist and 

23 bomber registry of the jurisdiction includes— 

24 (A) a physical description of the individual; 


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1 (B) the text of the provision of law estab2 lishing the arson offense or bombing offense 

3 giving rise to the duty of the individual to reg4 ister; 

5 (C) the criminal history of the individual, 

6 including the date of all arrests and convictions, 

7 the status of parole, probation, or supervised 

8 release, registration status, and the existence of 

9 any outstanding arrest warrants for the indi10 vidual; 

11 (D) a current photograph of the individual; 

12 (E) a set of fingerprints and palm prints 

13 of the individual; 

14 (F) a photocopy of a valid driver’s license 

15 or identification card issued to the individual by 

16 a jurisdiction; and 

17 (G) any other information required by the 

18 Attorney General. 

19 (d) DURATION OF REGISTRATION REQUIREMENT; 

20 EXPUNGING REGISTRIES OF INFORMATION FOR CERTAIN

21 JUVENILE CRIMINALS.— 

22 (1) DURATION OF REGISTRATION REQUIRE23 MENT.—A criminal arsonist or criminal bomber shall 

24 keep the registration information provided under 


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1 subsection (c) current in accordance with subsection 

2 (b)(3) for the full registration period. 

3 (2) EXPUNGING REGISTRIES OF INFORMATION

4 FOR CERTAIN JUVENILE CRIMINALS.— 

5 (A) IN GENERAL.—In the case of a crimi6 nal arsonist or criminal bomber described in 

7 subparagraph (B), a jurisdiction shall expunge 

8 the arson and bomber registry of the jurisdic9 tion of information relating to the criminal ar10 sonist or criminal bomber on the date that is 5 

11 years after the last day of the full registration 

12 period for the criminal arsonist or criminal 

13 bomber. 

14 (B) CRIMINAL ARSONIST OR BOMBER DE15 SCRIBED.—A criminal arsonist or criminal 

16 bomber described in this subparagraph is a 

17 criminal arsonist or criminal bomber who— 

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

19 the arson offense or bombing offense giv20 ing rise to the duty of the individual to 

21 register under this section; and 

22 (ii) was not convicted of any other fel23 ony during the period beginning on the 

24 first day of the full registration period for 

25 the criminal arsonist or criminal bomber 


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1 and ending on the last day of the 5-year 

2 period described in subparagraph (A). 

3 (C) APPLICATION TO OTHER DATA4 BASES.—The Attorney General shall establish a 

5 process to ensure that each entity that receives 

6 information under subsection (j) with respect to 

7 a criminal arsonist or criminal bomber de8 scribed in subparagraph (B) shall expunge the 

9 applicable database of the information on the 

10 date that is 5 years after the last day of the full 

11 registration period for the criminal arsonist or 

12 criminal bomber. 

13 (e) ANNUAL VERIFICATION.—Not less than once dur14 ing each calendar year during the full registration period, 

15 a criminal arsonist or criminal bomber required to register 

16 under this section shall— 

17 (1) appear in person at not less than 1 jurisdic18 tion in which the individual is required to register; 

19 (2) allow the jurisdiction to take a photograph 

20 of the individual; and 

21 (3) while present at the jurisdiction, verify the 

22 information in each arsonist and bomber registry in 

23 which the individual is required to be registered. 


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1 (f) DUTY TO NOTIFY CRIMINAL ARSONISTS AND

2 CRIMINAL BOMBERS OF REGISTRATION REQUIREMENTS

3 AND TO REGISTER.— 

4 (1) IN GENERAL.—An appropriate officer shall, 

5 shortly before release of a criminal arsonist or crimi6 nal bomber from custody, or, if the individual is not 

7 in custody, immediately after the sentencing of the 

8 individual for the arson offense or bombing offense 

9 giving rise to the duty of the individual to register— 

10 (A) inform the individual of the duties of 

11 the individual under this section and explain 

12 those duties in a manner that the individual can 

13 understand in light of the native language, 

14 mental capability, and age of the individual; 

15 (B) ensure that the individual understands 

16 the registration requirement, and if so, require 

17 the individual to read and sign a form stating 

18 that the duty to register has been explained and 

19 that the individual understands the registration 

20 requirement; 

21 (C) if the individual is unable to under22 stand the registration requirements, sign a form 

23 stating that the individual is unable to under24 stand the registration requirements; and 


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1 (D) ensure that the individual is registered 

2 in accordance with this section. 

3 (2) NOTIFICATION OF CRIMINAL ARSONISTS

4 AND CRIMINAL BOMBERS WHO CANNOT COMPLY

5 WITH PARAGRAPH (1).—The Attorney General shall 

6 prescribe rules to ensure the notification and reg7 istration in accordance with this section of criminal 

8 arsonists and criminal bombers who cannot be reg9 istered in accordance with paragraph (1). 

10 (g) ACCESS TO INFORMATION THROUGH THE INTER11 NET.— 

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

13 subsection, each jurisdiction shall make available on 

14 the Internet, in a manner that is readily accessible 

15 to law enforcement personnel and fire safety officers 

16 located in the jurisdiction, all information about 

17 each criminal arsonist and criminal bomber in the 

18 arsonist and bomber registry of the jurisdiction. 

19 (2) COORDINATION WITH NATIONAL DATA20 BASE.—Each jurisdiction shall— 

21 (A) ensure that the Internet site of the ju22 risdiction described in paragraph (1) includes 

23 all field search capabilities needed for full par24 ticipation in the national Internet site estab25 lished under subsection (i); and 


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1 (B) participate in the national Internet site 

2 established under subsection (i) in accordance 

3 with regulations promulgated by the Attorney 

4 General under this section. 

5 (3) PROHIBITION ON ACCESS BY THE PUB6 LIC.—Information about a criminal arsonist or 

7 criminal bomber shall not be made available on the 

8 Internet to the public under paragraph (1). 

9 (4) MANDATORY EXEMPTIONS.—A jurisdiction 

10 shall exempt from disclosure on the Internet site of 

11 the jurisdiction described in paragraph (1)— 

12 (A) any information about a criminal ar13 sonist or criminal bomber involving conviction 

14 for an offense other than the arson offense or 

15 bombing offense giving rise to the duty of the 

16 individual to register; 

17 (B) if the criminal arsonist or criminal 

18 bomber is participating in a witness protection 

19 program, any information about the individual 

20 the release of which could jeopardize the safety 

21 of the individual or any other person; and 

22 (C) any other information identified as a 

23 mandatory exemption from disclosure by the 

24 Attorney General. 


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1 (5) OPTIONAL EXEMPTIONS.—A jurisdiction 

2 may exempt from disclosure on the Internet site of 

3 the jurisdiction described in paragraph (1)— 

4 (A) the name of an employer of a criminal 

5 arsonist or criminal bomber; and 

6 (B) the name of an educational institution 

7 where a criminal arsonist or criminal bomber is 

8 a student. 

9 (6) CORRECTION OF ERRORS.—The Attorney 

10 General shall establish guidelines to be used by each 

11 jurisdiction to establish a process to seek correction 

12 of information included in the Internet site of the ju13 risdiction described in paragraph (1) if an individual 

14 contends the information is erroneous. The guide15 lines established under this paragraph shall establish 

16 the period, beginning on the date on which an indi17 vidual has knowledge of the inclusion of information 

18 in the Internet site, during which the individual may 

19 seek the correction of the information. 

20 (7) WARNING.—An Internet site of a jurisdic21 tion described in paragraph (1) shall include a warn22 ing that— 

23 (A) information on the site is to be used 

24 for law enforcement purposes only and may 


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1 only be disclosed in connection with law en2 forcement purposes; and 

3 (B) any action in violation of subpara4 graph (A) may result in a civil or criminal pen5 alty. 

6 (h) NATIONAL CRIMINAL ARSONIST AND CRIMINAL

7 BOMBER REGISTRY.— 

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

9 maintain a national database at the Bureau of Alco10 hol, Tobacco, Firearms, and Explosives that includes 

11 relevant information for each criminal arsonist or 

12 criminal bomber (including any information provided 

13 under subsection (j)). The database shall be known 

14 as the National Criminal Arsonist and Criminal 

15 Bomber Registry. 

16 (2) ELECTRONIC FORWARDING.—The Attorney 

17 General shall ensure (through the national registry 

18 maintained under this subsection or otherwise) that 

19 updated information about a criminal arsonist or 

20 criminal bomber is immediately transmitted by elec21 tronic forwarding to all relevant jurisdictions. 

22 (3) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to the At24 torney General to carry out this subsection such 


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1 sums as may be necessary for each of fiscal years 

2 2010 through 2014. 

3 (i) NATIONAL ARSONIST AND BOMBER INTERNET

4 SITE.— 

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

6 establish and maintain a national arsonist and 

7 bomber Internet site. The Internet site shall include 

8 relevant information for each criminal arsonist or 

9 criminal bomber. The Internet site shall allow law 

10 enforcement officers and fire safety officers to obtain 

11 relevant information for each criminal arsonist or 

12 criminal bomber by a single query for any given zip 

13 code or geographical radius set by the user in a form 

14 and with such limitations as may be established by 

15 the Attorney General and shall have such other field 

16 search capabilities as the Attorney General may pro17 vide. 

18 (2) PROHIBITION ON ACCESS BY THE PUB19 LIC.—Information about a criminal arsonist or 

20 criminal bomber shall not be made available on the 

21 Internet to the public under paragraph (1). 

22 (3) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to the At24 torney General to carry out this subsection such 


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1 sums as may be necessary for each of fiscal years 

2 2010 through 2014. 

3 (j) NOTIFICATION PROCEDURES.— 

4 (1) IN GENERAL.—Immediately after a criminal 

5 arsonist or criminal bomber registers in the arsonist 

6 and bomber registry of a jurisdiction, or updates a 

7 registration in the arsonist and bomber registry of 

8 a jurisdiction, an appropriate officer of the jurisdic9 tion shall provide the information in the arsonist 

10 and bomber registry (other than information ex11 empted from disclosure by this section or the Attor12 ney General) about the individual to the entities de13 scribed in paragraph (2). 

14 (2) ENTITIES.—The entities described in this 

15 paragraph are— 

16 (A) the Attorney General; 

17 (B) appropriate law enforcement agencies 

18 (including probation agencies, if applicable) in 

19 each area in which the criminal arsonist or 

20 criminal bomber resides, is an employee, or is 

21 a student; 

22 (C) each jurisdiction in which the criminal 

23 arsonist or criminal bomber resides, is an em24 ployee, or is a student; and 


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1 (D) each jurisdiction from or to which a 

2 change of residence, employment, or student 

3 status occurs. 

4 (k) ACTIONS TO BE TAKEN WHEN CRIMINAL AR5 SONIST OR CRIMINAL BOMBER FAILS TO COMPLY.— 

6 (1) JURISDICTIONS.—An appropriate officer of 

7 a jurisdiction shall— 

8 (A) notify the Attorney General and appro9 priate law enforcement agencies if a criminal 

10 arsonist or criminal bomber fails to comply with 

11 the requirements of the arsonist and bomber 

12 registry of the jurisdiction; and 

13 (B) revise the arsonist and bomber registry 

14 of the jurisdiction to reflect the nature of the 

15 failure. 

16 (2) ENSURING COMPLIANCE.—If a criminal ar17 sonist or criminal bomber fails to comply with the 

18 requirements of the arsonist and bomber registry of 

19 a jurisdiction, an appropriate officer of the jurisdic20 tion, the Attorney General, and any law enforcement 

21 agency notified under paragraph (1)(A) shall take 

22 any appropriate action to ensure compliance. 

23 (l) DEVELOPMENT AND AVAILABILITY OF REGISTRY

24 MANAGEMENT AND WEBSITE SOFTWARE.— 


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1 (1) DUTY TO DEVELOP AND SUPPORT.—In con2 sultation with the jurisdictions, the Attorney General 

3 shall develop and support software to enable juris4 dictions to establish and operate arsonist and bomb5 er registries and Internet sites described in sub6 section (g). 

7 (2) CRITERIA.—The software described in para8 graph (1) shall facilitate— 

9 (A) immediate exchange of information 

10 among jurisdictions; 

11 (B) access over the Internet to appropriate 

12 information, including the number of registered 

13 criminal arsonists or criminal bombers in each 

14 jurisdiction; 

15 (C) full compliance with the requirements 

16 of this section; and 

17 (D) communication of information as re18 quired under subsection (j). 

19 (3) DEADLINE.—Not later than 2 years after 

20 the date of enactment of this Act, the Attorney Gen21 eral shall make available to jurisdictions a fully 

22 operational edition of the software described in para23 graph (1). 

24 (m) PERIOD FOR IMPLEMENTATION BY JURISDIC25 TIONS.— 


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1 (1) DEADLINE.—A jurisdiction shall implement 

2 this section not later than the later of— 

3 (A) 3 years after the date of enactment of 

4 this Act; or 

5 (B) 1 year after the date on which the 

6 software described in subsection (l) is made 

7 available to the jurisdiction. 

8 (2) EXTENSIONS.—The Attorney General may 

9 make not more than 2 1-year extensions of the dead10 line under paragraph (1) for a jurisdiction. 

11 (3) FAILURE OF JURISDICTION TO COMPLY.— 

12 For any fiscal year after the expiration of the dead13 line specified in paragraph (1) (including any exten14 sion under paragraph (2)), that a jurisdiction fails 

15 to substantially implement this section, as deter16 mined by the Attorney General, the jurisdiction shall 

17 not receive 10 percent of the funds that would other18 wise be allocated for that fiscal year to the jurisdic19 tion under subpart 1 of part E of title I of the Om20 nibus Crime Control and Safe Streets Act of 1968 

21 (42 U.S.C. 3750 et seq.). 

22 (n) ELECTION BY INDIAN TRIBES.— 

23 (1) ELECTION.— 

24 (A) IN GENERAL.—A federally recognized 

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1 ment of the tribal council or comparable gov2 ernmental body, elect to carry out this section 

3 as a jurisdiction subject to its provisions. 

4 (B) IMPLEMENTATION.—A federally recog5 nized Indian tribe that, as of the date that is 

6 1 year after the date of enactment of this Act, 

7 has not made an election described in subpara8 graph (A) shall, by resolution or other enact9 ment of the tribal council or comparable gov10 ernmental body, enter into a cooperative agree11 ment to arrange for a jurisdiction to carry out 

12 any function of the tribe under this section 

13 until such time as the tribe elects to carry out 

14 this section. 

15 (2) COOPERATION BETWEEN TRIBAL AUTHORI16 TIES AND OTHER JURISDICTIONS.— 

17 (A) NONDUPLICATION.—A federally recog18 nized Indian tribe subject to this section is not 

19 required to duplicate functions under this sec20 tion that are fully carried out by 1 or more ju21 risdictions within which the territory of the 

22 tribe is located. 

23 (B) COOPERATIVE AGREEMENTS.—A fed24 erally recognized Indian tribe, through coopera25 tive agreements with 1 or more jurisdictions 


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1 within which the territory of the tribe is lo2 cated, may— 

3 (i) arrange for the tribe to carry out 

4 any function of the jurisdiction under this 

5 section with respect to criminal arsonists 

6 or criminal bombers subject to the jurisdic7 tion of the tribe; and 

8 (ii) arrange for the jurisdiction to 

9 carry out any function of the tribe under 

10 this section with respect to criminal 

11 arsonists and criminal bombers subject to 

12 the jurisdiction of the tribe. 

13 (3) LAW ENFORCEMENT AUTHORITY IN INDIAN

14 COUNTRY.—Enforcement of this section in Indian 

15 country, as defined in section 1151 of title 18, 

16 United States Code, shall be carried out by the Fed17 eral Government, tribal governments, and State gov18 ernments under jurisdictional authorities in effect on 

19 the date of enactment of this Act. 

20 (o) IMMUNITY FOR GOOD FAITH CONDUCT.—The 

21 Federal Government, a jurisdiction, a political subdivision 

22 of a jurisdiction, and an agency, officer, employee, and 

23 agent of the Federal Government, a jurisdiction, or a polit24 ical subdivision of a jurisdiction shall not be held liable 


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1 in any Federal or State court for any good faith conduct 

2 to carry out this section. 

3 (p) CRIMINAL ARSONIST AND CRIMINAL BOMBER

4 MANAGEMENT ASSISTANCE PROGRAM.— 

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

6 establish and implement a Criminal Arsonist and 

7 Bomber Management Assistance program (in this 

8 subsection referred to as the ‘‘Assistance Program’’), 

9 under which the Attorney General may make grants 

10 to jurisdictions to offset the costs of implementing 

11 this section. 

12 (2) APPLICATION.—A jurisdiction desiring a 

13 grant under this subsection for a fiscal year shall 

14 submit to the Attorney General an application in 

15 such form and containing such information as the 

16 Attorney General may require. 

17 (3) INCREASED GRANT PAYMENTS FOR PROMPT

18 COMPLIANCE.— 

19 (A) IN GENERAL.—A jurisdiction that, as 

20 determined by the Attorney General, has sub21 stantially implemented this section not later 

22 than 2 years after the date of enactment of this 

23 Act is eligible for a bonus payment in addition 

24 to the amount of a grant to the jurisdiction 

25 under paragraph (1). The Attorney General 


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1 may make a bonus payment to a jurisdiction for 

2 the first fiscal year beginning after the date on 

3 which the Attorney General determines the ju4 risdiction has substantially implemented this 

5 section. 

6 (B) AMOUNT.—A bonus payment under 

7 this paragraph shall be— 

8 (i) if the Attorney General determines 

9 that the jurisdiction has substantially im10 plemented this section not later than the 

11 date that is 1 year after the date of enact12 ment of this Act, in an amount equal to 10 

13 percent of the amount of a grant to the ju14 risdiction under paragraph (1) for the fis15 cal year in which the bonus payment is 

16 made; and 

17 (ii) if the Attorney General determines 

18 that the jurisdiction has substantially im19 plemented this section after the date that 

20 is 1 year after the date of the enactment 

21 of this Act, and not later than 2 years 

22 after the date of enactment of this Act, in 

23 an amount equal to 5 percent of the 

24 amount of a grant to the jurisdiction under 


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1 paragraph (1) for the fiscal year in which 

2 the bonus payment is made. 

3 (4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated to the At5 torney General to carry out this subsection such 

6 sums as may be necessary for each of fiscal years 

7 2010 through 2014. 

8 (q) DEFINITIONS.—In this section: 

9 (1) ARSONIST AND BOMBER REGISTRY.—The 

10 term ‘‘arsonist and bomber registry’’ means a reg11 istry of criminal arsonists and criminal bombers, and 

12 a notification program, maintained by a jurisdiction 

13 under this section. 

14 (2) ARSON OFFENSE.—The term ‘‘arson of15 fense’’ means any criminal offense for committing 

16 arson, attempting arson, or conspiracy to commit 

17 arson in violation of the laws of the jurisdiction in 

18 which the offense was committed or the laws of the 

19 United States. 

20 (3) BOMBING OFFENSE.—The term ‘‘bombing 

21 offense’’ means any criminal offense for committing 

22 a bombing, attempting a bombing, or conspiracy to 

23 commit a bombing in violation of the laws of the ju24 risdiction in which the offense was committed or the 

25 laws of the United States. 


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•S 1684 IS

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

2 arsonist’’— 

3 (A) means an individual who is convicted 

4 of an arson offense; and 

5 (B) does not include a juvenile who is con6 victed of an arson offense unless the juvenile 

7 was tried as an adult for the arson offense. 

8 (5) CRIMINAL BOMBER.—The term ‘‘criminal 

9 bomber’’— 

10 (A) means an individual who is convicted 

11 of a bombing offense; and 

12 (B) does not include a juvenile who is con13 victed of a bombing offense unless the juvenile 

14 was tried as an adult for the bombing offense. 

15 (6) CRIMINAL OFFENSE.—The term ‘‘criminal 

16 offense’’ means a Federal, State, local, tribal, for17 eign, or military offense (to the extent specified by 

18 the Secretary of Defense under section 

19 115(a)(8)(C)(i) of the Departments of Commerce, 

20 Justice, and State, the Judiciary, and Related Agen21 cies Appropriations Act, 1998 (Public Law 105–119; 

22 10 U.S.C. 951 note)) or other criminal offense. 

23 (7) EMPLOYEE.—The term ‘‘employee’’ includes 

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

25 other entity, whether compensated or not. 


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•S 1684 IS

1 (8) FIRE SAFETY OFFICER.—The term ‘‘fire 

2 safety officer’’ means an individual serving in an of3 ficial capacity as a firefighter, fire investigator, or 

4 other arson investigator, as defined by the jurisdic5 tion for the purposes of this section. 

6 (9) FULL REGISTRATION PERIOD.— 

7 (A) IN GENERAL.—The term ‘‘full reg8 istration period’’ means the period— 

9 (i) beginning on the later of— 

10 (I) the date on which an indi11 vidual is convicted of an arson offense 

12 or bombing offense; 

13 (II) the date on which an indi14 vidual is released from custody for 

15 conviction of an arson offense or 

16 bombing offense; or 

17 (III) the date on which an indi18 vidual is placed on parole, supervised 

19 release, or probation for an arson of20 fense or bombing offense; and 

21 (ii) ending— 

22 (I) for an individual who has 

23 been convicted of an arson offense or 

24 bombing offense for the first time, 5 


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•S 1684 IS

1 years after the date described in 

2 clause (i); 

3 (II) for an individual who has 

4 been convicted of an arson offense or 

5 bombing offense for the second time, 

6 10 years after the date described in 

7 clause (i); and 

8 (III) for an individual who has 

9 been convicted of an arson offense or 

10 bombing offense more than twice, on 

11 the date on which the individual dies. 

12 (B) EXCLUSION OF TIME IN CUSTODY.— 

13 Any period during which an individual is in cus14 tody shall not be included in determining the 

15 end of the period under subparagraph (A). 

16 (10) JURISDICTION.—The term ‘‘jurisdiction’’ 

17 means— 

18 (A) a State; 

19 (B) the District of Columbia; 

20 (C) the Commonwealth of Puerto Rico; 

21 (D) Guam; 

22 (E) American Samoa; 

23 (F) the Commonwealth of the Northern 

24 Mariana Islands; 

25 (G) the Virgin Islands; and 


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•S 1684 IS

1 (H) to the extent provided in and subject 

2 to the requirements of subsection (o), a feder3 ally recognized Indian tribe. 

4 (11) LAW ENFORCEMENT OFFICER.—The term 

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

6 that term in section 1204 of the Omnibus Crime 

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

8 3796b). 

9 (12) RESIDES.—The term ‘‘resides’’ means the 

10 location of the home of an individual or other place 

11 where an individual habitually lives. 

12 (13) STUDENT.—The term ‘‘student’’ means an 

13 individual who enrolls in or attends an educational 

14 institution (whether public or private), including a 

15 secondary school, trade or professional school, and 

16 institution of higher education. 

Æ 


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