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the date that is 5 years after the last day of the 
applicable full registration period under para-
graph (1). 
(f) ANNUAL VERIFICATION.—Not less than once in 
each calendar year during the full registration period, a 
criminal arsonist or criminal bomber required to provide 
information to a jurisdiction under this section shall— 
(1) appear in person at not less than one such 
jurisdiction; 
(2) allow such jurisdiction to take a current 
photograph of the person; and 
(3) while present at such jurisdiction, verify the 
information contained in the National Registry for 
such person. 
(g) DUTY TO NOTIFY CRIMINAL ARSONISTS AND 
CRIMINAL BOMBERS OF REGISTRATION REQUIREMENTS 
AND TO REGISTER.— 
(1) IN GENERAL.—An appropriate official shall, 
shortly before release of a criminal arsonist or crimi-
nal bomber from custody, or, if the person is not in 
custody, immediately after the sentencing of the per-
son for the offense giving rise to the duty to register 
under this section— 
(A) inform the person of the duties of the 
person under this section and explain those du-
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ties in a manner that the person can under-
stand in light of the person’s native language, 
mental capability, and age; 
(B) ensure that the person understands 
the registration requirement, and if so, require 
the person to read and sign a form stating that 
the duty to register has been explained and that 
the person understands the registration require-
ment; 
(C) if the person is unable to understand 
the registration requirements, the official shall 
sign a form stating that the person is unable to 
understand the registration requirements; and 
(D) ensure that the person is registered. 
(2) NOTIFICATION
OF
CRIMINAL
ARSONISTS 
AND
CRIMINAL
BOMBERS
WHO
CANNOT
COMPLY 
WITH PARAGRAPH (1).—The Attorney General shall 
prescribe rules to ensure the notification and reg-
istration of criminal arsonists and criminal bombers 
in accordance with paragraph (1) who cannot be no-
tified and registered at the time set forth in para-
graph (1). 
(h) DEVELOPMENT AND AVAILABILITY OF REGISTRY 
MANAGEMENT AND WEBSITE SOFTWARE.— 
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(1) DUTY
TO
DEVELOP
AND
SUPPORT.—The 
Attorney General shall develop and support software 
to enable jurisdictions to participate in the National 
Registry and the national Internet site established 
under subsection (a)(2). 
(2) CRITERIA.—The software described in para-
graph (1) should facilitate— 
(A) immediate exchange of information 
among jurisdictions through the national Inter-
net site established under subsection (a)(2); 
(B) access over the Internet by authorized 
persons to appropriate information, including 
the number of registered criminal arsonists or 
criminal bombers in each jurisdiction on a cur-
rent basis; and 
(C) full compliance with the requirements 
of this section. 
(3) DEADLINE.—The Attorney General shall 
make the first complete edition of this software 
available to jurisdictions not later than two years 
after the date of the enactment of this Act. 
(i) PERIOD
FOR IMPLEMENTATION
BY JURISDIC-
TIONS.— 
(1) DEADLINE.—To be in compliance with this 
section, a jurisdiction shall participate in the Na-
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tional Registry in accordance with this section before 
the later of— 
(A) three years after the date of the enact-
ment of this Act; or 
(B) one year after the date on which the 
software described in subsection (h) is made 
available to such jurisdiction. 
(2) EXTENSIONS.—The Attorney General may 
authorize not more than two one-year extensions of 
the deadline under paragraph (1). 
(3) FAILURE OF JURISDICTION TO COMPLY.— 
For any fiscal year after the expiration of the dead-
line specified in paragraph (1) (and any extension 
under paragraph (2)), a jurisdiction that fails, as de-
termined by the Attorney General, to substantially 
implement this section shall, at the discretion of the 
Attorney General, be subject to not more than a 10 
percent reduction of the funds that would otherwise 
be allocated for that fiscal year to the jurisdiction 
under subpart 1 of part E of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3750 et seq.), whether characterized as the 
Edward Byrne Memorial State and Local Law En-
forcement Assistance Programs, the Local Govern-
ment Law Enforcement Block Grants Program, the 
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Edward Byrne Memorial Justice Assistance Grant 
Program, or otherwise. 
(j) ELECTION BY INDIAN TRIBES.— 
(1) ELECTION.— 
(A) IN GENERAL.—A federally recognized 
Indian tribe may, by resolution or other enact-
ment of the tribal council or comparable gov-
ernmental body, elect to carry out this section 
as a jurisdiction subject to its provisions. 
(B) IMPLEMENTATION.—If a tribe does 
not, within one year of the enactment of this 
Act, make an election to take on these duties, 
it shall, by resolution or other enactment of the 
tribal council or comparable governmental body, 
enter into a cooperative agreement to arrange 
for a jurisdiction to carry out any function of 
the tribe under this section until such time as 
the tribe elects to carry out this section. 
(2) COOPERATION BETWEEN TRIBAL AUTHORI-
TIES AND OTHER JURISDICTIONS.— 
(A) NONDUPLICATION.—A tribe subject to 
this section is not required to duplicate func-
tions under this section which are fully carried 
out by another jurisdiction or jurisdictions with-
in which the territory of the tribe is located. 
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(B) COOPERATIVE AGREEMENTS.—A tribe 
may, through cooperative agreements with such 
a jurisdiction or jurisdictions— 
(i) arrange for the tribe to carry out 
any function of such a jurisdiction under 
this section with respect to criminal 
arsonists or criminal bombers subject to 
the tribe’s jurisdiction; and 
(ii) arrange for such a jurisdiction to 
carry out any function of the tribe under 
this section with respect to criminal 
arsonists and criminal bombers subject to 
the tribe’s jurisdiction. 
(3) LAW ENFORCEMENT AUTHORITY IN INDIAN 
COUNTRY.—Enforcement of this section in Indian 
country, as defined in section 1151 of title 18, 
United States Code, shall be carried out by Federal, 
tribal, and State governments under existing juris-
dictional authorities. 
(k) IMMUNITY FOR GOOD FAITH CONDUCT.—The 
Federal Government, jurisdictions, political subdivisions of 
jurisdictions, and their agencies, officers, employees, and 
agents shall be immune from liability for good faith con-
duct under this section. 
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(l) CRIMINAL ARSONIST
AND CRIMINAL BOMBER 
MANAGEMENT ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—The Attorney General shall, 
subject to appropriations, establish and implement a 
Criminal Arsonist and Bomber Management Assist-
ance program (in this subsection referred to as the 
‘‘Assistance Program’’), under which the Attorney 
General shall award grants to jurisdictions to offset 
the costs of implementing the other provisions of 
this section. 
(2) APPLICATION.—The chief executive of a ju-
risdiction desiring a grant under this subsection, 
with respect to a fiscal year, shall for each such fis-
cal year submit to the Attorney General an applica-
tion in such form and containing such information 
as the Attorney General may require. 
(3) INCREASED GRANT PAYMENTS FOR PROMPT 
COMPLIANCE.—A jurisdiction that, as determined by 
the Attorney General, has substantially implemented 
the other provisions of this section not later than 
two years after the date of the enactment of this Act 
is eligible for a bonus payment in addition to the 
amount of grant funds available to such jurisdiction 
under paragraph (1). The Attorney General may, 
with respect to a jurisdiction, make such a bonus 
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payment to the jurisdiction for the first fiscal year 
beginning after the date such determination is made. 
The amount of the bonus payment shall be as fol-
lows: 
(A) In the case of a determination that the 
jurisdiction has substantially implemented this 
section by a date that is not later than the date 
that is one year after the date of the enactment 
of this Act, 10 percent of the total grant funds 
available to the jurisdiction under paragraph 
(1) for such fiscal year. 
(B) In the case of a determination that the 
jurisdiction has substantially implemented this 
section by a date that is later than one year 
after the date of the enactment of this Act, but 
not later than the date that is two years after 
such date of enactment, 5 percent of such total. 
(4) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to any amounts otherwise authorized to be 
appropriated, there are authorized to be appro-
priated to the Attorney General, to be available to 
carry out this subsection, such sums as may be nec-
essary for each of the fiscal years 2010 through 
2014. 
(m) DEFINITIONS.—For purposes of this section: 
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(1) CRIMINAL ARSONIST.—The term ‘‘criminal 
arsonist’’ means an individual who is convicted of 
any criminal offense for committing arson, attempt-
ing arson, or conspiracy to commit arson in violation 
of the laws of the jurisdiction in which such offense 
was committed or the United States. Such term 
shall not include a juvenile who is convicted of such 
an offense unless such juvenile was tried as an adult 
for such offense. 
(2) CRIMINAL
BOMBER.—The term ‘‘criminal 
bomber’’ means an individual who is convicted of 
any criminal offense for committing a bombing, at-
tempting a bombing, or conspiracy to commit a 
bombing in violation of the laws of the jurisdiction 
in which such offense was committed or the United 
States. Such term shall not include a juvenile who 
is convicted of such an offense unless such juvenile 
was tried as an adult for such offense. 
(3) CRIMINAL OFFENSE.—The term ‘‘criminal 
offense’’ means a Federal, State, local, tribal, for-
eign, or military offense (to the extent specified by 
the 
Secretary 
of 
Defense 
under 
section 
115(a)(8)(C)(i) of Public Law 105–119 (10 U.S.C. 
951 note)) or other criminal offense. 
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(4) EMPLOYEE.—The term ‘‘employee’’ includes 
an individual who is self-employed or works for any 
other entity, whether compensated or not. 
(5) FIRE
SAFETY
OFFICER.—The term ‘‘fire 
safety officer’’ means an individual serving in an of-
ficial capacity as a fire investigator, or other arson 
or bomber investigator, as defined by the jurisdiction 
for the purposes of this section. 
(6) JURISDICTION.—The term ‘‘jurisdiction’’ 
means any of the following: 
(A) A State. 
(B) The District of Columbia. 
(C) The Commonwealth of Puerto Rico. 
(D) Guam. 
(E) American Samoa. 
(F) The Northern Mariana Islands. 
(G) The United States Virgin Islands. 
(H) To the extent provided and subject to 
the requirements of subsection (j), a federally 
recognized Indian tribe. 
(7) LAW ENFORCEMENT OFFICER.—The term 
‘‘law enforcement officer’’ has the meaning given 
such term in section 1204 of the Omnibus Crime 
Control and Safe Street Act of 1968 (42 U.S.C. 
3796b). 
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(8) NATIONAL
REGISTRY.—The terms ‘‘Na-
tional Registry’’ and ‘‘arsonist and bomber registry’’ 
mean the registry of criminal arsonists and criminal 
bombers established under subsection (a)(1). 
(9) RESIDES.—The term ‘‘resides’’ means, with 
respect to an individual, the location of the individ-
ual’s home or other place where the individual habit-
ually lives. 
(10) STUDENT.—The term ‘‘student’’ means an 
individual who enrolls in or attends an educational 
institution (whether public or private), including a 
secondary school, trade or professional school, and 
institution of higher education. 
Passed the House of Representatives September 30, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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