II 

Calendar No. 481 

111TH CONGRESS 

2D 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 

JULY 22, 2010 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Through Criminal History (MATCH) Act of 2009’’. 

4 SEC. 2. CRIMINAL ARSONIST AND CRIMINAL BOMBER REG5 ISTRATION AND NOTIFICATION PROGRAM. 

6 (a) REGISTRY REQUIREMENTS FOR JURISDIC7 TIONS.— 

8 (1) JURISDICTION TO MAINTAIN A REGISTRY.— 

9 Each jurisdiction shall establish and maintain a ju10 risdiction-wide arsonist and bomber registry in ac11 cordance with this section. 

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

14 to carry out this section. 

15 (b) REGISTRY REQUIREMENTS FOR CRIMINAL

16 ARSONISTS AND BOMBERS.— 

17 (1) IN GENERAL.—A criminal arsonist or crimi18 nal bomber shall register, and shall keep the reg19 istration current in accordance with paragraph (3), 

20 in each jurisdiction in which the criminal arsonist or 

21 criminal bomber resides, is an employee, or is a stu22 dent. 

23 (2) INITIAL REGISTRATION.—A criminal arson24 ist or criminal bomber shall initially register— 

25 (A) in addition to any jurisdiction de26 scribed in paragraph (1), in the jurisdiction in 


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1 which the criminal arsonist or criminal bomber 

2 was convicted; and 

3 (B)(i) before completing a sentence of im4 prisonment with respect to the arson offense or 

5 bombing offense giving rise to the registration 

6 requirement; or 

7 (ii) not later than 5 business days after 

8 being sentenced for the arson offense or bomb9 ing offense giving rise to the registration re10 quirement, if the criminal arsonist or criminal 

11 bomber is not sentenced to a term of imprison12 ment. 

13 (3) KEEPING THE REGISTRATION CURRENT.— 

14 (A) IN GENERAL.—Not later than 10 busi15 ness days after each change of name, residence, 

16 employment, or student status, a criminal ar17 sonist or criminal bomber shall appear in per18 son in at least 1 jurisdiction described in para19 graph (1) and inform the jurisdiction of all 

20 changes in the information required for that 

21 criminal arsonist or criminal bomber in the ar22 sonist and bomber registry involved. 

23 (B) PROVISION TO OTHER JURISDIC24 TIONS.—A jurisdiction receiving information 

25 under subparagraph (A) shall immediately proVerDate Mar 15 2010 03:16 Jul 23, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1684.RS S1684

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1 vide the revised information to all other juris2 dictions in which the criminal arsonist or crimi3 nal bomber is required to register. 

4 (4) APPLICATION OF REGISTRATION REQUIRE5 MENTS.— 

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

7 the guidelines established under subparagraph 

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

9 the duties to register and to keep a registration 

10 current, shall apply only to a criminal arsonist 

11 or criminal bomber who was— 

12 (i) convicted of an arson offense or a 

13 bombing offense on or after the date of en14 actment of this Act; and 

15 (ii) notified of the duties and reg16 istered in accordance with subsection (f). 

17 (B) APPLICATION TO CRIMINAL ARSONISTS

18 OR CRIMINAL BOMBERS UNABLE TO COMPLY

19 WITH PARAGRAPH (2)(B).— 

20 (i) GUIDELINES.—The Attorney Gen21 eral shall establish guidelines in accordance 

22 with this subparagraph for each jurisdic23 tion for— 

24 (I) the application of the require25 ments of this section to criminal 


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1 arsonists or criminal bombers con2 victed before the date of the enact3 ment of this Act, or the date of the 

4 implementation of this section in such 

5 a jurisdiction; and 

6 (II) the registration of any crimi7 nal arsonist or criminal bomber de8 scribed in subclause (I) who is other9 wise unable to comply with paragraph 

10 (2)(B). 

11 (ii) INFORMATION REQUIRED TO BE

12 INCLUDED IN REGISTRY.—With respect to 

13 each criminal arsonist or criminal bomber 

14 described in clause (i) convicted of an 

15 arson offense or bombing offense during 

16 the 10-year period ending on the date of 

17 enactment of this Act, the guidelines under 

18 clause (i) shall provide for the inclusion in 

19 the arsonist and bomber registry of each 

20 applicable jurisdiction (and, in accordance 

21 with subsection (j), the provision by the ju22 risdiction to each entity described in sub23 section (j)) of— 


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1 (I) the name of the criminal ar2 sonist or criminal bomber (including 

3 any alias used by the individual); 

4 (II) the Social Security number 

5 of the individual; 

6 (III) the most recent known ad7 dress of the residence at which the in8 dividual has resided; 

9 (IV) a physical description of the 

10 individual; 

11 (V) the text of the provision of 

12 law establishing the arson offense or 

13 bombing offense giving rise to the 

14 duty of the individual to register; 

15 (VI) a set of fingerprints and 

16 palm prints of the individual; 

17 (VII) a photocopy of a valid driv18 er’s license or identification card 

19 issued to the individual by a jurisdic20 tion, if available; and 

21 (VIII) any other information re22 quired by the Attorney General. 

23 (iii) NOTICE REQUIRED.—The guide24 lines under clause (i) shall require notice 

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1 er included in an arsonist and bomber reg2 istry pursuant to this subparagraph of 

3 such inclusion. 

4 (5) STATE PENALTY FOR FAILURE TO COM5 PLY.—Each jurisdiction, other than a federally rec6 ognized Indian tribe, shall provide a criminal penalty 

7 that includes a maximum term of imprisonment that 

8 is greater than 1 year for the failure of a criminal 

9 arsonist or criminal bomber to comply with the re10 quirements of this section. 

11 (6) AUTHORITY TO EXEMPT CERTAIN INDIVID12 UALS FROM REGISTRY REQUIREMENTS.—A jurisdic13 tion may exempt a criminal arsonist or criminal 

14 bomber who has been convicted of an arson offense 

15 or a bombing offense for the first time from the reg16 istration requirements under this section in ex17 change for the substantial assistance of the indi18 vidual in the investigation or prosecution of another 

19 person who has committed a criminal offense. The 

20 Attorney General shall ensure that any regulations 

21 promulgated under this section include guidelines es22 tablishing criteria regarding when it is appropriate 

23 to exempt an individual from the registration re24 quirements under this section. 

25 (c) INFORMATION REQUIRED IN REGISTRATION.— 


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

2 criminal arsonist or criminal bomber shall provide to 

3 the appropriate officer of a jurisdiction in which the 

4 individual is required to register for inclusion in the 

5 arsonist and bomber registry of the jurisdiction— 

6 (A) the name of the individual (including 

7 any alias used by the individual); 

8 (B) the Social Security number of the indi9 vidual; 

10 (C) the address of each residence at which 

11 the individual resides or will reside; 

12 (D) the name and address of any place 

13 where the individual is an employee or will be 

14 an employee; 

15 (E) the name and address of any place 

16 where the individual is a student or will be a 

17 student; 

18 (F) the license plate number and a descrip19 tion of any vehicle owned or operated by the in20 dividual; and 

21 (G) any other information required by the 

22 Attorney General. 

23 (2) PROVIDED BY THE JURISDICTION.—The ju24 risdiction in which a criminal arsonist or criminal 


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1 bomber registers shall ensure that the arsonist and 

2 bomber registry of the jurisdiction includes— 

3 (A) a physical description of the individual; 

4 (B) the text of the provision of law estab5 lishing the arson offense or bombing offense 

6 giving rise to the duty of the individual to reg7 ister; 

8 (C) the criminal history of the individual, 

9 including the date of all arrests and convictions, 

10 the status of parole, probation, or supervised 

11 release, registration status, and the existence of 

12 any outstanding arrest warrants for the indi13 vidual; 

14 (D) a current photograph of the individual; 

15 (E) a set of fingerprints and palm prints 

16 of the individual; 

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

18 or identification card issued to the individual by 

19 a jurisdiction; and 

20 (G) any other information required by the 

21 Attorney General. 

22 (d) DURATION OF REGISTRATION REQUIREMENT; 

23 EXPUNGING REGISTRIES OF INFORMATION FOR CERTAIN

24 JUVENILE CRIMINALS.— 


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1 (1) DURATION OF REGISTRATION REQUIRE2 MENT.—A criminal arsonist or criminal bomber shall 

3 keep the registration information provided under 

4 subsection (c) current in accordance with subsection 

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

6 (2) EXPUNGING REGISTRIES OF INFORMATION

7 FOR CERTAIN JUVENILE CRIMINALS.— 

8 (A) IN GENERAL.—In the case of a crimi9 nal arsonist or criminal bomber described in 

10 subparagraph (B), a jurisdiction shall expunge 

11 the arson and bomber registry of the jurisdic12 tion of information relating to the criminal ar13 sonist or criminal bomber on the date that is 5 

14 years after the last day of the full registration 

15 period for the criminal arsonist or criminal 

16 bomber. 

17 (B) CRIMINAL ARSONIST OR BOMBER DE18 SCRIBED.—A criminal arsonist or criminal 

19 bomber described in this subparagraph is a 

20 criminal arsonist or criminal bomber who— 

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

22 the arson offense or bombing offense giv23 ing rise to the duty of the individual to 

24 register under this section; and 


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1 (ii) was not convicted of any other fel2 ony during the period beginning on the 

3 first day of the full registration period for 

4 the criminal arsonist or criminal bomber 

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

6 period described in subparagraph (A). 

7 (C) APPLICATION TO OTHER DATA8 BASES.—The Attorney General shall establish a 

9 process to ensure that each entity that receives 

10 information under subsection (j) with respect to 

11 a criminal arsonist or criminal bomber de12 scribed in subparagraph (B) shall expunge the 

13 applicable database of the information on the 

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

15 registration period for the criminal arsonist or 

16 criminal bomber. 

17 (e) ANNUAL VERIFICATION.—Not less than once dur18 ing each calendar year during the full registration period, 

19 a criminal arsonist or criminal bomber required to register 

20 under this section shall— 

21 (1) appear in person at not less than 1 jurisdic22 tion in which the individual is required to register; 

23 (2) allow the jurisdiction to take a photograph 

24 of the individual; and 


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

2 information in each arsonist and bomber registry in 

3 which the individual is required to be registered. 

4 (f) DUTY TO NOTIFY CRIMINAL ARSONISTS AND

5 CRIMINAL BOMBERS OF REGISTRATION REQUIREMENTS

6 AND TO REGISTER.— 

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

8 shortly before release of a criminal arsonist or crimi9 nal bomber from custody, or, if the individual is not 

10 in custody, immediately after the sentencing of the 

11 individual for the arson offense or bombing offense 

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

13 (A) inform the individual of the duties of 

14 the individual under this section and explain 

15 those duties in a manner that the individual can 

16 understand in light of the native language, 

17 mental capability, and age of the individual; 

18 (B) ensure that the individual understands 

19 the registration requirement, and if so, require 

20 the individual to read and sign a form stating 

21 that the duty to register has been explained and 

22 that the individual understands the registration 

23 requirement; 

24 (C) if the individual is unable to under25 stand the registration requirements, sign a form 


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1 stating that the individual is unable to under2 stand the registration requirements; and 

3 (D) ensure that the individual is registered 

4 in accordance with this section. 

5 (2) NOTIFICATION OF CRIMINAL ARSONISTS

6 AND CRIMINAL BOMBERS WHO CANNOT COMPLY

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

8 prescribe rules to ensure the notification and reg9 istration in accordance with this section of criminal 

10 arsonists and criminal bombers who cannot be reg11 istered in accordance with paragraph (1). 

12 (g) ACCESS TO INFORMATION THROUGH THE INTER13 NET.— 

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

15 subsection, each jurisdiction shall make available on 

16 the Internet, in a manner that is readily accessible 

17 to law enforcement personnel and fire safety officers 

18 located in the jurisdiction, all information about 

19 each criminal arsonist and criminal bomber in the 

20 arsonist and bomber registry of the jurisdiction. 

21 (2) COORDINATION WITH NATIONAL DATA22 BASE.—Each jurisdiction shall— 

23 (A) ensure that the Internet site of the ju24 risdiction described in paragraph (1) includes 

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1 ticipation in the national Internet site estab2 lished under subsection (i); and 

3 (B) participate in the national Internet site 

4 established under subsection (i) in accordance 

5 with regulations promulgated by the Attorney 

6 General under this section. 

7 (3) PROHIBITION ON ACCESS BY THE PUB8 LIC.—Information about a criminal arsonist or 

9 criminal bomber shall not be made available on the 

10 Internet to the public under paragraph (1). 

11 (4) MANDATORY EXEMPTIONS.—A jurisdiction 

12 shall exempt from disclosure on the Internet site of 

13 the jurisdiction described in paragraph (1)— 

14 (A) any information about a criminal ar15 sonist or criminal bomber involving conviction 

16 for an offense other than the arson offense or 

17 bombing offense giving rise to the duty of the 

18 individual to register; 

19 (B) if the criminal arsonist or criminal 

20 bomber is participating in a witness protection 

21 program, any information about the individual 

22 the release of which could jeopardize the safety 

23 of the individual or any other person; and 


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1 (C) any other information identified as a 

2 mandatory exemption from disclosure by the 

3 Attorney General. 

4 (5) OPTIONAL EXEMPTIONS.—A jurisdiction 

5 may exempt from disclosure on the Internet site of 

6 the jurisdiction described in paragraph (1)— 

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

8 arsonist or criminal bomber; and 

9 (B) the name of an educational institution 

10 where a criminal arsonist or criminal bomber is 

11 a student. 

12 (6) CORRECTION OF ERRORS.—The Attorney 

13 General shall establish guidelines to be used by each 

14 jurisdiction to establish a process to seek correction 

15 of information included in the Internet site of the ju16 risdiction described in paragraph (1) if an individual 

17 contends the information is erroneous. The guide18 lines established under this paragraph shall establish 

19 the period, beginning on the date on which an indi20 vidual has knowledge of the inclusion of information 

21 in the Internet site, during which the individual may 

22 seek the correction of the information. 

23 (7) WARNING.—An Internet site of a jurisdic24 tion described in paragraph (1) shall include a warn25 ing that— 


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

2 for law enforcement purposes only and may 

3 only be disclosed in connection with law en4 forcement purposes; and 

5 (B) any action in violation of subpara6 graph (A) may result in a civil or criminal pen7 alty. 

8 (h) NATIONAL CRIMINAL ARSONIST AND CRIMINAL

9 BOMBER REGISTRY.— 

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

11 maintain a national database at the Bureau of Alco12 hol, Tobacco, Firearms, and Explosives that includes 

13 relevant information for each criminal arsonist or 

14 criminal bomber (including any information provided 

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

16 as the National Criminal Arsonist and Criminal 

17 Bomber Registry. 

18 (2) ELECTRONIC FORWARDING.—The Attorney 

19 General shall ensure (through the national registry 

20 maintained under this subsection or otherwise) that 

21 updated information about a criminal arsonist or 

22 criminal bomber is immediately transmitted by elec23 tronic forwarding to all relevant jurisdictions. 

24 (3) AUTHORIZATION OF APPROPRIATIONS.— 

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1 torney General to carry out this subsection such 

2 sums as may be necessary for each of fiscal years 

3 2010 through 2014. 

4 (i) NATIONAL ARSONIST AND BOMBER INTERNET

5 SITE.— 

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

7 establish and maintain a national arsonist and 

8 bomber Internet site. The Internet site shall include 

9 relevant information for each criminal arsonist or 

10 criminal bomber. The Internet site shall allow law 

11 enforcement officers and fire safety officers to obtain 

12 relevant information for each criminal arsonist or 

13 criminal bomber by a single query for any given zip 

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

15 and with such limitations as may be established by 

16 the Attorney General and shall have such other field 

17 search capabilities as the Attorney General may pro18 vide. 

19 (2) PROHIBITION ON ACCESS BY THE PUB20 LIC.—Information about a criminal arsonist or 

21 criminal bomber shall not be made available on the 

22 Internet to the public under paragraph (1). 

23 (3) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated to the At25 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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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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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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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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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. 

17 SECTION 1. SHORT TITLE. 

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

19 Through Criminal History (MATCH) Act of 2010’’. 

20 SEC. 2. CRIMINAL ARSONIST AND CRIMINAL BOMBER REG21 ISTRATION AND NOTIFICATION PROGRAM. 

22 (a) DEFINITIONS.—For purposes of this section: 

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

24 arsonist’’ means an individual who is convicted of 

25 any criminal offense for committing arson, attemptVerDate Mar 15 2010 03:16 Jul 23, 2010 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S1684.RS S1684

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1 ing arson, or conspiracy to commit arson in violation 

2 of the laws of the jurisdiction in which such offense 

3 was committed or the United States. Such term shall 

4 not include a juvenile who is convicted of such an of5 fense unless such juvenile was tried as an adult for 

6 such offense. 

7 (2) CRIMINAL BOMBER.—The term ‘‘criminal 

8 bomber’’ means an individual who is convicted of any 

9 criminal offense for committing a bombing, attempt10 ing a bombing, or conspiracy to commit a bombing 

11 in violation of the laws of the jurisdiction in which 

12 such offense was committed or the United States. 

13 Such term shall not include a juvenile who is con14 victed of such an offense unless such juvenile was 

15 tried as an adult for such offense. 

16 (3) CRIMINAL OFFENSE.—The term ‘‘criminal of17 fense’’ means a Federal, State, local, tribal, foreign, 

18 or military offense (to the extent specified by the Sec19 retary of Defense under section 115(a)(8)(C)(i) of 

20 Public Law 105–119 (10 U.S.C. 951 note)) or other 

21 criminal offense. 

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

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

24 other entity, whether compensated or not. 


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1 (5) FIRE SAFETY OFFICER.—The term ‘‘fire safe2 ty officer’’ means an individual serving in an official 

3 capacity as a fire investigator, or other arson or 

4 bomber investigator, as defined by the jurisdiction for 

5 the purposes of this section. 

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

7 means any of the following: 

8 (A) A State. 

9 (B) The District of Columbia. 

10 (C) The Commonwealth of Puerto Rico. 

11 (D) Guam. 

12 (E) American Samoa. 

13 (F) The Northern Mariana Islands. 

14 (G) The United States Virgin Islands. 

15 (H) To the extent provided and subject to 

16 the requirements of subsection (k), a federally 

17 recognized Indian tribe. 

18 (7) LAW ENFORCEMENT OFFICER.—The term 

19 ‘‘law enforcement officer’’ has the meaning given such 

20 term in section 1204 of the Omnibus Crime Control 

21 and Safe Street Act of 1968 (42 U.S.C. 3796b). 

22 (8) NATIONAL REGISTRY.—The term ‘‘National 

23 Registry’’ means the National Criminal Arsonist and 

24 Criminal Bomber Registry established under sub25 section (b)(1). 


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1 (9) RESIDES.—The term ‘‘resides’’ means, with 

2 respect to an individual, the location of the individ3 ual’s home or other place where the individual habit4 ually lives. 

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

6 individual who enrolls in or attends an educational 

7 institution (whether public or private), including a 

8 secondary school, trade or professional school, and in9 stitution of higher education. 

10 (b) NATIONAL CRIMINAL ARSONIST AND CRIMINAL

11 BOMBER REGISTRY AND INTERNET SITE.— 

12 (1) NATIONAL CRIMINAL ARSONIST AND CRIMI13 NAL BOMBER REGISTRY.— 

14 (A) IN GENERAL.—The Attorney General 

15 shall maintain a national database at the Bu16 reau of Alcohol, Tobacco, Firearms and Explo17 sives for each criminal arsonist or criminal 

18 bomber. The database shall be known as the ‘‘Na19 tional Criminal Arsonist and Criminal Bomber 

20 Registry’’. Such registry shall be used for law en21 forcement purposes only and information main22 tained in such registry may only be disclosed in 

23 connection with such purposes. 

24 (B) ELECTRONIC FORWARDING.—The Attor25 ney General shall ensure (through the National 


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1 Registry or otherwise) that updated information 

2 about a criminal arsonist or criminal bomber is 

3 immediately available to all relevant jurisdic4 tions. 

5 (C) NOTIFICATION TO JURISDICTIONS.—The 

6 Attorney General shall provide notification to a 

7 jurisdiction in which the offender resides or will 

8 reside, is an employee, or is a student. Imme9 diately after the Attorney General receives infor10 mation (or updated information) under this sec11 tion from a jurisdiction for inclusion in the Na12 tional Registry, with respect to a criminal ar13 sonist or criminal bomber, the Attorney General 

14 shall ensure that such information (or updated 

15 information), other than any information ex16 empted from disclosure by the Attorney General, 

17 is provided to each jurisdiction in which the of18 fender resides or will reside, is an employee, or 

19 is a student. 

20 (2) NATIONAL ARSONIST AND BOMBER INTERNET

21 SITE.— 

22 (A) IN GENERAL.—The Attorney General 

23 shall establish and maintain a national arsonist 

24 and bomber Internet site. The Internet site shall 

25 include relevant information for each criminal 


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1 arsonist or criminal bomber. The Internet site 

2 shall allow law enforcement officers and fire safe3 ty officers to obtain relevant information for 

4 each criminal arsonist or criminal bomber by a 

5 single query for any given zip code or geo6 graphical radius set by the user in a form and 

7 with such limitations as may be established by 

8 the Attorney General and shall have such other 

9 field search capabilities as the Attorney General 

10 may provide. 

11 (B) USE FOR LAW ENFORCEMENT PUR12 POSES ONLY.—The Internet site established 

13 under subparagraph (1) shall include a warning 

14 that information on the site is to be used for law 

15 enforcement purposes only and may only be dis16 closed in connection with such purposes. The 

17 warning shall note that any action in violation 

18 of the previous sentence may result in a civil or 

19 criminal penalty. 

20 (C) EXEMPTIONS FROM DISCLOSURE.—The 

21 Attorney General may exempt from disclosure on 

22 the Internet site established under this para23 graph such information as the Attorney General 

24 deems appropriate. 


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1 (3) PROHIBITION ON ACCESS BY THE PUBLIC.— 

2 Information about a criminal arsonist or criminal 

3 bomber shall not be made available under paragraph 

4 (1) or (2) to the public. 

5 (4) CORRECTION OF ERRORS.—The Attorney 

6 General shall establish guidelines for a process to seek 

7 correction of information included in the national 

8 database under paragraph (1) or the Internet site 

9 under paragraph (2) in the case that an individual 

10 contends such information is erroneous. Such guide11 lines shall provide for an adequate period for the in12 dividual to seek such correction of information. 

13 (5) FUNDING.—For fiscal year 2011 and each 

14 fiscal year thereafter, amounts made available for the 

15 appropriations account appropriated under the head16 ing ‘‘SALARIES AND EXPENSES’’ under the heading 

17 ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

18 EXPLOSIVES ’’ are authorized to be used to carry out 

19 this subsection. 

20 (c) REGISTRY REQUIREMENTS FOR JURISDICTIONS.— 

21 (1) JURISDICTION TO PARTICIPATE IN NATIONAL

22 REGISTRY.—Each jurisdiction shall participate in the 

23 National Registry by providing information, with re24 spect to criminal arsonists and criminal bombers, to 

25 the National Registry in accordance with this section. 


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1 Such information, with respect to a criminal arsonist 

2 or criminal bomber, shall be provided by a jurisdic3 tion— 

4 (A) to the Attorney General for inclusion in 

5 the National Registry immediately after the 

6 criminal arsonist or criminal bomber provides 

7 information (or provides updated information), 

8 other than information exempted from disclosure 

9 by the Attorney General, to the jurisdiction 

10 under this section; and 

11 (B) in an electronic format as specified by 

12 the Attorney General. 

13 (2) GUIDELINES AND REGULATIONS.—The Attor14 ney General shall issue guidelines and regulations to 

15 interpret and implement this section. 

16 (d) REGISTRY REQUIREMENTS FOR CRIMINAL

17 ARSONISTS AND BOMBERS.— 

18 (1) IN GENERAL.—A criminal arsonist or crimi19 nal bomber shall provide information described in 

20 subsection (e)(1) to (and shall keep such information 

21 current with) each jurisdiction where the criminal ar22 sonist or criminal bomber resides, where the criminal 

23 arsonist or criminal bomber is an employee, and 

24 where the criminal arsonist or criminal bomber is a 

25 student. For the initial provision of information only, 


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1 a criminal arsonist or criminal bomber shall also 

2 provide such information to the jurisdiction in which 

3 the arsonist or bomber was convicted if such jurisdic4 tion is different from the jurisdiction of residence. 

5 (2) INITIAL REGISTRATION.—The criminal ar6 sonist or criminal bomber shall initially provide in7 formation described in subsection (e)(1)— 

8 (A) before completing a sentence of impris9 onment with respect to the offense giving rise to 

10 the registration requirement; or 

11 (B) not later than 5 business days after 

12 being sentenced for that offense, if the criminal 

13 arsonist or criminal bomber is not sentenced to 

14 a term of imprisonment. 

15 (3) KEEPING THE REGISTRATION CURRENT.—A 

16 criminal arsonist or criminal bomber shall, not later 

17 than 10 business days after each change of name, resi18 dence, employment, or student status, appear in per19 son in not less than 1 jurisdiction described para20 graph (1) and inform that jurisdiction of all changes 

21 in the information required for that criminal arsonist 

22 or criminal bomber for purposes of inclusion in the 

23 National Registry. That jurisdiction shall imme24 diately provide the revised information to the Na25 tional Registry. 


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1 (4) APPLICATION OF REGISTRATION REQUIRE2 MENTS.— 

3 (A) OFFENDER REGISTRATION REQUIRE4 MENTS APPLICABLE ONLY PROSPECTIVELY AND

5 WITH NOTIFICATION.—A criminal arsonist or 

6 criminal bomber is required to provide informa7 tion to a jurisdiction, and to keep such informa8 tion current, under this section for inclusion in 

9 the National Registry only to the extent— 

10 (i) that such criminal arsonist or 

11 criminal bomber— 

12 (I) was convicted of a criminal of13 fense involving arson or bombing on or 

14 after the date of the enactment of this 

15 Act; and 

16 (II) was notified of such require17 ments in accordance with subsection 

18 (h); and 

19 (ii) the jurisdiction involved partici20 pates in the National Registry. 

21 (B) JURISDICTION OF CONVICTION RE22 QUIRED TO SUBMIT INFORMATION ON OFFEND23 ERS CONVICTED BEFORE DATE OF ENACTMENT

24 AND ON THOSE NOT NOTIFIED.— 


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1 (i) GUIDELINES.—The Attorney Gen2 eral shall establish guidelines, in accordance 

3 with the provisions of this subparagraph, 

4 under which each jurisdiction is required to 

5 provide to the National Registry informa6 tion described in subsection (e)(2) with re7 spect to— 

8 (I) each criminal arsonist or 

9 criminal bomber who was convicted in 

10 such jurisdiction of a criminal offense 

11 involving arson or bombing during the 

12 10-year period ending on the date of 

13 the enactment of this Act; and 

14 (II) each criminal arsonist or 

15 criminal bomber who was convicted on 

16 or after the date of the enactment of the 

17 Act in such jurisdiction of such an of18 fense and who has not been notified, in 

19 accordance with subsection (h), of the 

20 requirements to provide information, 

21 and to keep such information current, 

22 under this section. 

23 (ii) NOTICE REQUIRED.—Under the 

24 guidelines established under clause (i), a ju25 risdiction shall be required to provide notice 


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1 to each criminal arsonist or criminal bomb2 er included in the National Registry pursu3 ant to this subparagraph of such inclusion. 

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

6 appropriate official of each jurisdiction shall notify 

7 the Attorney General and appropriate law enforce8 ment agencies of any failure by a criminal arsonist 

9 or criminal bomber to provide information, and keep 

10 such information current, under this section. The At11 torney General shall revise the National Registry to 

12 reflect the nature of such failure. The appropriate of13 ficial, the Attorney General, and each law enforce14 ment agency involved shall take any appropriate ac15 tion to ensure compliance. 

16 (6) AUTHORITY TO EXEMPT CERTAIN PERSONS

17 FROM REGISTRY REQUIREMENTS.—A jurisdiction 

18 shall have the authority to exempt a criminal arsonist 

19 or criminal bomber who has been convicted of the of20 fense of arson or bombing in violation of the laws of 

21 the jurisdiction in which the offense was committed or 

22 the United States for the first time from the require23 ments to provide information, and keep such informa24 tion current, under this section in exchange for the 

25 person’s substantial assistance in the investigation or 


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1 prosecution of another person who has committed an 

2 offense. The Attorney General shall ensure that any 

3 regulations promulgated under this section include 

4 guidelines that reflect the general appropriateness of 

5 exempting the person from the requirements of pro6 viding information, and keeping such information 

7 current, under this section. 

8 (e) INFORMATION REQUIRED FOR INCLUSION IN NA9 TIONAL REGISTRY.— 

10 (1) PROSPECTIVE CONVICTIONS WITH NOTIFICA11 TION.— 

12 (A) PROVIDED BY ARSONIST OR BOMBER.— 

13 A criminal arsonist or criminal bomber con14 victed of a criminal offense involving arson or 

15 bombing on or after the date of the enactment of 

16 this Act shall provide the following information 

17 to the appropriate official of the jurisdiction in18 volved for inclusion in the National Registry: 

19 (i) The name of the person (including 

20 any alias used by the person). 

21 (ii) The Social Security number of the 

22 person. 

23 (iii) The address of each residence at 

24 which the person resides or will reside. 


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1 (iv) The name and address of any 

2 place where the person is an employee or 

3 will be an employee. 

4 (v) The name and address of any place 

5 where the person is a student or will be a 

6 student. 

7 (vi) The license plate number and a 

8 description of any vehicle owned or operated 

9 by the person. 

10 (vii) Any other information required 

11 by the Attorney General. 

12 (B) PROVIDED BY THE JURISDICTION.—The 

13 jurisdiction to which a criminal arsonist or 

14 criminal bomber described in subparagraph (A) 

15 provides information shall ensure that the fol16 lowing information, with respect to such arsonist 

17 or bomber, is provided to the National Registry: 

18 (i) The information described in sub19 paragraph (A), as provided by the arsonist 

20 or bomber. 

21 (ii) A physical description of the per22 son. 

23 (iii) The text of the provision of law 

24 defining the criminal offense for which the 


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1 person is required to be registered under 

2 this section. 

3 (iv) A current photograph of the per4 son. 

5 (v) A set of fingerprints and palm 

6 prints of the person. 

7 (vi) A photocopy of a valid driver’s li8 cense or identification card issued to the 

9 person by a jurisdiction. 

10 (vii) Any other information required 

11 by the Attorney General. 

12 (2) PROVIDED BY JURISDICTION OF CONVICTIONS

13 IN CASE OF CONVICTIONS BEFORE DATE OF ENACT14 MENT AND FAILURES TO NOTIFY.—Each jurisdiction 

15 in which a criminal arsonist or criminal bomber de16 scribed in subclause (I) or (II) of subsection 

17 (d)(4)(B)(i) was convicted shall ensure that the fol18 lowing information is provided to the National Reg19 istry: 

20 (A) The name of the criminal arsonist or 

21 criminal bomber (including any alias used by 

22 the person). 

23 (B) The Social Security number of the per24 son. 


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1 (C) The most recent known address of the 

2 residence at which the person has resided. 

3 (D) A physical description of the person. 

4 (E) The text of the provision of law defining 

5 the criminal offense for which the person is con6 victed. 

7 (F) A set of fingerprints and palm prints of 

8 the person, if available to the jurisdiction. 

9 (G) A photocopy of a valid driver’s license 

10 or identification card issued to the person by a 

11 jurisdiction, if available. 

12 (H) Any other information required by the 

13 Attorney General. 

14 (f) DURATION OF REGISTRATION REQUIREMENT; 

15 EXPUNGING REGISTRIES OF INFORMATION FOR CERTAIN

16 JUVENILE CRIMINALS.— 

17 (1) DURATION OF REGISTRATION REQUIRE18 MENT.—A criminal arsonist or criminal bomber shall 

19 keep the registration information provided under sub20 section (e)(1)(A) current for the full registration pe21 riod (excluding any time the person is in custody). 

22 For purposes of this subsection, the full registration 

23 period— 

24 (A) shall commence on the later of the date 

25 on which the person is convicted of an offense of 


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1 arson or bombing in violation of the laws of the 

2 jurisdiction in which the offense was committed 

3 or the United States, the date on which the per4 son is released from prison for such conviction, 

5 or the date on which the person is placed on pa6 role, supervised release, or probation for such 

7 conviction; and 

8 (B) shall be— 

9 (i) 5 years for a person who has been 

10 convicted of such an offense for the first 

11 time; 

12 (ii) 10 years for a person who has been 

13 convicted of such an offense for the second 

14 time; and 

15 (iii) for the life of the person for a per16 son who has been convicted of such an of17 fense more than twice. 

18 (2) EXPUNGING REGISTRIES OF INFORMATION

19 FOR CERTAIN JUVENILE CRIMINALS.— 

20 (A) IN GENERAL.—In the case of a criminal 

21 arsonist or criminal bomber described in sub22 paragraph (B), the Attorney General shall ex23 punge the National Registry of information re24 lated to such criminal arsonist or criminal 

25 bomber as of the date that is 5 years after the 


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1 last day of the applicable full registration period 

2 under paragraph (1). 

3 (B) CRIMINAL ARSONIST OR CRIMINAL

4 BOMBER DESCRIBED.—For purposes of subpara5 graph (A), a criminal arsonist or criminal 

6 bomber described in this subparagraph is a 

7 criminal arsonist or criminal bomber who— 

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

9 the offense giving rise to the duty to register 

10 under this section; and 

11 (ii) was not convicted of any other 

12 criminal felony during the period beginning 

13 on the first day of the applicable full reg14 istration period under paragraph (1) and 

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

16 described in subparagraph (A). 

17 (C) APPLICATION TO OTHER DATABASES.— 

18 The Attorney General shall establish a process to 

19 ensure that each entity that receives information 

20 under subsection (i) with respect to a criminal 

21 arsonist or criminal bomber described in sub22 paragraph (B) shall expunge the applicable 

23 database of such information as of the date that 

24 is 5 years after the last day of the applicable full 

25 registration period under paragraph (1). 


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1 (g) ANNUAL VERIFICATION.—Not less than once in 

2 each calendar year during the full registration period, a 

3 criminal arsonist or criminal bomber required to provide 

4 information to a jurisdiction under this section shall— 

5 (1) appear in person at not less than 1 such ju6 risdiction; 

7 (2) allow such jurisdiction to take a current pho8 tograph of the person; and 

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

10 information contained in the National Registry for 

11 such person. 

12 (h) DUTY TO NOTIFY CRIMINAL ARSONISTS AND

13 CRIMINAL BOMBERS OF REGISTRATION REQUIREMENTS

14 AND TO REGISTER.— 

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

16 shortly before release of a criminal arsonist or crimi17 nal bomber from custody, or, if the person is not in 

18 custody, immediately after the sentencing of the per19 son for the offense giving rise to the duty to register 

20 under this section— 

21 (A) inform the person of the duties of the 

22 person under this section and explain those du23 ties in a manner that the person can understand 

24 in light of the native language, mental capa25 bility, and age of the person; 


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1 (B) ensure that the person understands the 

2 registration requirement, and if so, require the 

3 person to read and sign a form stating that the 

4 duty to register has been explained and that the 

5 person understands the registration requirement; 

6 (C) if the person is unable to understand 

7 the registration requirements, the official shall 

8 sign a form stating that the person is unable to 

9 understand the registration requirements; and 

10 (D) ensure that the person is registered. 

11 (2) NOTIFICATION OF CRIMINAL ARSONISTS AND

12 CRIMINAL BOMBERS WHO CANNOT COMPLY WITH

13 PARAGRAPH (1).—The Attorney General shall pre14 scribe rules to ensure the notification and registration 

15 of criminal arsonists and criminal bombers in ac16 cordance with paragraph (1) who cannot be notified 

17 and registered at the time set forth in paragraph (1). 

18 (i) DEVELOPMENT AND AVAILABILITY OF REGISTRY

19 MANAGEMENT AND WEBSITE SOFTWARE.— 

20 (1) DUTY TO DEVELOP AND SUPPORT.—The At21 torney General shall develop and support software to 

22 enable jurisdictions to participate in the National 

23 Registry and the national Internet site established 

24 under subsection (b)(2). 


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1 (2) CRITERIA.—The software described in para2 graph (1) should facilitate— 

3 (A) immediate exchange of information 

4 among jurisdictions through the national Inter5 net site established under subsection (b)(2); 

6 (B) access over the Internet by authorized 

7 persons to appropriate information, including 

8 the number of registered criminal arsonists or 

9 criminal bombers in each jurisdiction on a cur10 rent basis; and 

11 (C) full compliance with the requirements of 

12 this section. 

13 (3) DEADLINE.—The Attorney General shall 

14 make the first complete edition of this software avail15 able to jurisdictions not later than two years after the 

16 date of the enactment of this Act. 

17 (j) PERIOD FOR IMPLEMENTATION BY JURISDIC18 TIONS.— 

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

20 section, a jurisdiction shall participate in the Na21 tional Registry in accordance with this section before 

22 the later of— 

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

24 of this Act; or 


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1 (B) 1 year after the date on which the soft2 ware described in subsection (i) is made avail3 able to such jurisdiction. 

4 (2) EXTENSIONS.—The Attorney General may 

5 authorize not more than 2 one-year extensions of the 

6 deadline under paragraph (1). 

7 (k) ELECTION BY INDIAN TRIBES.— 

8 (1) ELECTION.— 

9 (A) IN GENERAL.—A federally recognized 

10 Indian tribe may, by resolution or other enact11 ment of the tribal council or comparable govern12 mental body, elect to carry out this section as a 

13 jurisdiction subject to its provisions. 

14 (B) IMPLEMENTATION.—If a tribe does not, 

15 within 1 year of the enactment of this Act, make 

16 an election to take on these duties, it shall, by 

17 resolution or other enactment of the tribal coun18 cil or comparable governmental body, enter into 

19 a cooperative agreement to arrange for a juris20 diction to carry out any function of the tribe 

21 under this section until such time as the tribe 

22 elects to carry out this section. 

23 (2) COOPERATION BETWEEN TRIBAL AUTHORI24 TIES AND OTHER JURISDICTIONS.— 


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52 

•S 1684 RS

1 (A) NONDUPLICATION.—A tribe subject to 

2 this section is not required to duplicate functions 

3 under this section which are fully carried out by 

4 another jurisdiction or jurisdictions within 

5 which the territory of the tribe is located. 

6 (B) COOPERATIVE AGREEMENTS.—A tribe 

7 may, through cooperative agreements with such a 

8 jurisdiction or jurisdictions— 

9 (i) arrange for the tribe to carry out 

10 any function of such a jurisdiction under 

11 this section with respect to criminal 

12 arsonists or criminal bombers subject to the 

13 tribe’s jurisdiction; and 

14 (ii) arrange for such a jurisdiction to 

15 carry out any function of the tribe under 

16 this section with respect to criminal 

17 arsonists and criminal bombers subject to 

18 the tribe’s jurisdiction. 

19 (3) LAW ENFORCEMENT AUTHORITY IN INDIAN

20 COUNTRY.—Enforcement of this section in Indian 

21 country, as defined in section 1151 of title 18, United 

22 States Code, shall be carried out by Federal, tribal, 

23 and State governments under existing jurisdictional 

24 authorities. 


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53 

•S 1684 RS

1 (l) IMMUNITY FOR GOOD FAITH CONDUCT.—The Fed2 eral Government, jurisdictions, political subdivisions of ju3 risdictions, and their agencies, officers, employees, and 

4 agents shall be immune from liability for good faith conduct 

5 under this section. 

6 (m) CRIMINAL ARSONIST AND CRIMINAL BOMBER

7 MANAGEMENT ASSISTANCE PROGRAM.—Section 106(b)(1) 

8 of the Brady Handgun Violence Prevention Act (18 U.S.C. 

9 922 note) is amended— 

10 (1) by redesignating subparagraphs (B) and (C) 

11 as subparagraphs (C) and (D), respectively: and 

12 (2) by inserting after subparagraph (A) the fol13 lowing: 

14 ‘‘(B) to assist the State in implementing the 

15 Managing Arson Through Criminal History 

16 (MATCH) Act of 2010;’’. 


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Calendar No. 481 

111TH CONGRESS 

2D SESSION S. 1684 

A BILL 

To establish guidelines and incentives for States to 

poses. nal bomber registry program, and for other purestablish a national criminal arsonist and crimiregistries and to require the Attorney General to establish criminal arsonist and criminal bomber 

JULY 22, 2010 

Reported with an amendment 


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