tion period (excluding any time the arsonist is in custody 
or civilly committed). For purposes of this subsection, the 
full registration period— 
(1) shall commence on the later of the date on 
which the arsonist is convicted of an offense of arson 
in violation of the laws of the jurisdiction in which 
the offense was committed or the United States, the 
date on which the arsonist is released from prison 
for such conviction, or the date on which such arson-
ist is placed on parole, supervised release, or proba-
tion for such conviction; and 
(2) shall be— 
(A) five years for an arsonist who has been 
convicted of such an offense for the first time; 
(B) ten years for an arsonist who has been 
convicted of such an offense for the second 
time; and 
(C) for the life of the arsonist for an ar-
sonist who has been convicted of such an of-
fense more than twice. 
(e) ANNUAL VERIFICATION.—Not less than once in 
each calendar year during the full registration period, a 
criminal arsonist required to register under this section 
shall— 
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(1) appear in person at not less than one juris-
diction in which such arsonist is required to register; 
(2) allow such jurisdiction to take a current 
photograph of the arsonist; and 
(3) while present at such jurisdiction, verify the 
information in each registry in which that arsonist 
is required to be registered. 
(f) DUTY TO NOTIFY CRIMINAL ARSONISTS OF REG-
ISTRATION REQUIREMENTS AND TO REGISTER.— 
(1) IN GENERAL.—An appropriate official shall, 
shortly before release of a criminal arsonist from 
custody, or, if the arsonist is not in custody, imme-
diately after the sentencing of the arsonist for the 
offense giving rise to the duty to register— 
(A) inform the arsonist of the duties of the 
arsonist under this section and explain those 
duties; 
(B) require the arsonist to read and sign 
a form stating that the duty to register has 
been explained and that the arsonist under-
stands the registration requirement; and 
(C) ensure that the arsonist is registered. 
(2) NOTIFICATION
OF
CRIMINAL
ARSONISTS 
WHO CANNOT COMPLY WITH PARAGRAPH (1).—The 
Attorney General shall prescribe rules for the notifi-
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cation of criminal arsonists who cannot be notified 
and registered in accordance with paragraph (1). 
(g) ACCESS TO CRIMINAL ARSONIST INFORMATION 
THROUGH THE INTERNET.— 
(1) IN GENERAL.—Except as provided in this 
subsection, each jurisdiction shall make available on 
the Internet, in a manner that is readily accessible 
to all jurisdictions, law enforcement officers, and fire 
safety officers, all information about each criminal 
arsonist in the registry. The jurisdiction shall also 
include in the design of its Internet site all field 
search capabilities needed for full participation in 
the National criminal arsonist Internet site estab-
lished under subsection (i) and shall participate in 
that Internet site as provided by the Attorney Gen-
eral. 
(2) OPTIONAL
EXEMPTIONS.—A jurisdiction 
may exempt from disclosure, with respect to infor-
mation about a criminal arsonist— 
(A) any information about the arsonist in-
volving conviction for an offense other than the 
offense or offenses for which the arsonist is reg-
istered; 
(B) the name of an employer of the arson-
ist; 
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(C) the name of an educational institution 
where the arsonist is a student; 
(D) any information about the arsonist if 
the arsonist is participating in a witness protec-
tion program and the release of such informa-
tion could jeopardize the safety of the arsonist 
or any other individual; and 
(E) any other information identified as an 
optional exemption from disclosure by the At-
torney General. 
(3) LINKS.—An Internet site established by a 
jurisdiction pursuant to paragraph (1) shall include, 
to the extent practicable, links to substance abuse 
education resources. 
(4) CORRECTION OF ERRORS.—An Internet site 
established by a jurisdiction pursuant to paragraph 
(1) shall include instructions on how to seek correc-
tion of information that an individual contends is er-
roneous. 
(5) WARNING.—An Internet site established by 
a jurisdiction pursuant to paragraph (1) shall in-
clude a warning that information on the site should 
not be used to unlawfully injure, harass, or commit 
a crime against any individual named in the registry 
or residing or working at any reported address. The 
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warning shall note that any such action could result 
in civil or criminal penalties. 
(h) NATIONAL CRIMINAL ARSONIST REGISTRY.— 
(1) IN GENERAL.—The Attorney General shall 
maintain a national database at the Federal Bureau 
of Investigation for each criminal arsonist and any 
other person required to register in a jurisdiction’s 
arsonist registry under subsection (a). The database 
shall be known as the National Arsonist Registry. 
(2) ELECTRONIC FORWARDING.—The Attorney 
General shall ensure (through the National Arsonist 
Registry or otherwise) that updated information 
about a criminal arsonist is immediately transmitted 
by electronic forwarding to all relevant jurisdictions. 
(i) NATIONAL ARSONIST INTERNET SITE.—The At-
torney General shall establish and maintain a national ar-
sonist Internet site. The Internet site shall include rel-
evant information for each criminal arsonist and other 
person listed on a jurisdiction’s Internet site under sub-
section (g). The Internet site shall allow law enforcement 
officers and fire safety officers to obtain relevant informa-
tion for each such arsonist by a single query for any given 
zip code or geographical radius set by the user in a form 
and with such limitations as may be established by the 
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Attorney General and shall have such other field search 
capabilities as the Attorney General may provide. 
(j) NOTIFICATION PROCEDURES.—Under an arsonist 
registration program established by a jurisdiction pursu-
ant to subsection (a), immediately after a criminal arson-
ist registers or updates a registration, an appropriate offi-
cial in the jurisdiction shall provide the information in the 
registry (other than information exempted from disclosure 
by the Attorney General) about that offender to the fol-
lowing: 
(1) The Attorney General, who shall include 
that information in the National Arsonist Registry 
or other appropriate databases. 
(2) Appropriate law enforcement agencies (in-
cluding probation agencies, if appropriate), and each 
school and public housing agency, in each area in 
which the offender resides, is an employee, or is a 
student. 
(3) Each jurisdiction where the offender re-
sides, is an employee, or is a student, and each juris-
diction from or to which a change of residence, em-
ployment, or student status occurs. 
(4) Any organization, company, or individual 
who requests such notification pursuant to proce-
dures established by the jurisdiction. 
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(k) ACTIONS TO BE TAKEN WHEN CRIMINAL AR-
SONIST FAILS TO COMPLY.—Under an arsonist registra-
tion program established by a jurisdiction pursuant to 
subsection (a), an appropriate official of the jurisdiction 
shall notify the Attorney General and appropriate law en-
forcement agencies of any failure by a criminal arsonist 
to comply with the requirements of the arsonist registry 
for such jurisdiction, and shall revise the registry to reflect 
the nature of such failure. The appropriate official, the 
Attorney General, and each such law enforcement agency 
shall take any appropriate action to ensure compliance. 
(l) DEVELOPMENT AND AVAILABILITY OF REGISTRY 
MANAGEMENT AND WEBSITE SOFTWARE.— 
(1) DUTY
TO
DEVELOP
AND
SUPPORT.—The 
Attorney General shall, in consultation with the ju-
risdictions, develop and support software to enable 
jurisdictions to establish and operate uniform arson-
ist registries and Internet sites. 
(2) CRITERIA.—The software described in para-
graph (1) should facilitate— 
(A) immediate exchange of information 
among jurisdictions; 
(B) access over the Internet to appropriate 
information, including the number of registered 
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criminal arsonists in each jurisdiction on a cur-
rent basis; 
(C) full compliance with the requirements 
of this section; and 
(D) communication of information as re-
quired under subsection (j). 
(3) DEADLINE.—The Attorney General shall 
make the first complete edition of this software 
available to jurisdictions not later than two years 
after the date of the enactment of this Act. 
(m) PERIOD FOR IMPLEMENTATION BY JURISDIC-
TIONS.— 
(1) DEADLINE.—To be in compliance with this 
section, a jurisdiction shall implement this section 
before the later of— 
(A) three years after the date of the enact-
ment of this Act; or 
(B) one year after the date on which the 
software described in subsection (l) is made 
available to such jurisdiction. 
(2) EXTENSIONS.—The Attorney General may 
authorize not more than two one-year extensions of 
the deadline under paragraph (1). 
(n) FAILURE OF JURISDICTION TO COMPLY.— 
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(1) IN GENERAL.—For any fiscal year after the 
deadline described in subsection (m), a jurisdiction 
that fails, as determined by the Attorney General, to 
substantially implement this section shall not receive 
10 percent of the funds that would otherwise be allo-
cated 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.). 
(2) STATE CONSTITUTIONALITY.— 
(A) 
IN
GENERAL.—When 
evaluating 
whether a jurisdiction has substantially imple-
mented this section, the Attorney General shall 
consider whether the jurisdiction is unable to 
substantially implement this section because of 
a demonstrated inability to implement certain 
provisions that would place the jurisdiction in 
violation of its constitution, as determined by a 
ruling of the jurisdiction’s highest court. 
(B) EFFORTS.—If the circumstances arise 
under subparagraph (A), then the Attorney 
General and the jurisdiction involved shall make 
good faith efforts to accomplish substantial im-
plementation of this section and to reconcile 
any conflicts between this section and the juris-
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diction’s constitution. In considering whether 
compliance with the requirements of this section 
would likely violate the jurisdiction’s constitu-
tion or an interpretation thereof by the jurisdic-
tion’s highest court, the Attorney General shall 
consult with the chief executive and chief legal 
officer of the jurisdiction concerning the juris-
diction’s interpretation of the jurisdiction’s con-
stitution and rulings thereon by the jurisdic-
tion’s highest court. 
(C) ALTERNATIVE PROCEDURES.—If a ju-
risdiction is unable to substantially implement 
this section because of a limitation imposed by 
the jurisdiction’s constitution, the Attorney 
General may determine that the jurisdiction is 
in compliance with this section if the jurisdic-
tion has made, or is in the process of imple-
menting, reasonable alternative procedures or 
accommodations, which are consistent with the 
purposes of this section. 
(D) FUNDING REDUCTION.—If a jurisdic-
tion determined to be in compliance under sub-
paragraph (C) does not comply with the alter-
native procedures or accommodations described 
in such subparagraph, then the jurisdiction 
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shall be subject to a funding reduction as speci-
fied in paragraph (1). 
(3) REALLOCATION.—Amounts not allocated 
under a program referred to in this subsection to a 
jurisdiction for failure to substantially implement 
this section shall be reallocated under that program 
to jurisdictions that have not failed to substantially 
implement this section or may be reallocated to a ju-
risdiction from which they were withheld to be used 
solely for the purpose of implementing this section. 
(4) RULE OF CONSTRUCTION.—The provisions 
of this section that are cast as directions to jurisdic-
tions or their officials constitute, in relation to 
States, only conditions required to avoid the reduc-
tion of Federal funding under this subsection. 
(o) 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 subtitle 
as a jurisdiction subject to its provisions. 
(B) IMPLEMENTATION.—If a tribe does 
not, within one year of enactment of this Act, 
make an election to take on these duties, it 
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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 Act until such time as the 
tribe elects to carry out this Act. 
(2) COOPERATION BETWEEN TRIBAL AUTHORI-
TIES AND OTHER JURISDICTIONS.— 
(A) NONDUPLICATION.—A tribe subject to 
this subtitle is not required to duplicate func-
tions under this subtitle which are fully carried 
out by another jurisdiction or jurisdictions with-
in which the territory of the tribe is located. 
(B) COOPERATIVE AGREEMENTS.—A tribe 
may, through cooperative agreements with such 
a jurisdiction or jurisdictions— 
(i) arrange for the tribe to carry out 
any function of such a jurisdiction under 
this subtitle with respect to arsonists sub-
ject to the tribe’s jurisdiction; and 
(ii) arrange for such a jurisdiction to 
carry out any function of the tribe under 
this subtitle with respect to arsonists sub-
ject to the tribe’s jurisdiction. 
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(3) LAW ENFORCEMENT AUTHORITY IN INDIAN 
COUNTRY.—Enforcement of this Act in Indian coun-
try, as defined in section 1151 of title 18, United 
States Code, shall be carried out by Federal, Tribal, 
and State governments under existing jurisdictional 
authorities. 
(p) 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. 
(q) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any amounts otherwise authorized to be appro-
priated, there are authorized to be appropriated to the At-
torney General, to carry out subsections (h) and (i) of this 
section, such sums as may be necessary for each of the 
fiscal years 2008 through 2013. 
SEC. 3. CRIMINAL ARSONIST MANAGEMENT ASSISTANCE 
PROGRAM. 
(a) IN GENERAL.—The Attorney General shall estab-
lish and implement a Criminal Arsonist Management As-
sistance program (in this section referred to as the ‘‘As-
sistance Program’’), under which the Attorney General 
may award a grant to a jurisdiction to offset the costs 
of implementing section 2. 
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(b) APPLICATION.—The chief executive of a jurisdic-
tion desiring a grant under this section shall, on an annual 
basis, submit to the Attorney General an application in 
such form and containing such information as the Attor-
ney General may require. 
(c) BONUS PAYMENTS FOR PROMPT COMPLIANCE.— 
A jurisdiction that, as determined by the Attorney Gen-
eral, has substantially implemented section 2 not later 
than two years after the date of the enactment of this Act 
is eligible for a bonus payment. The Attorney General may 
make such a payment under the Assistance Program for 
the first fiscal year beginning after that determination. 
The amount of the bonus payment shall be as follows: 
(1) In the case of a determination that the ju-
risdiction has substantially implemented such 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 received by the jurisdiction 
under the Assistance Program for the preceding fis-
cal year. 
(2) In the case of a determination that the ju-
risdiction has substantilly implemented such section 
by a date that is later than one year after the date 
of the enactment of this Act, but not later than the 
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date that is two years after such date of enactment, 
5 percent of such total. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any amounts otherwise authorized to be appro-
priated, there are authorized to be appropriated to the At-
torney General, to be available only for the Assistance Pro-
gram, such sums as may be necessary for each of the fiscal 
years 2008 through 2013. 
SEC. 4. DEFINITIONS. 
For purposes of this Act: 
(1) CRIMINAL ARSONIST.—The term ‘‘criminal 
arsonist’’ means an individual who is convicted of 
any criminal offense for committing arson in viola-
tion of the laws of the jurisdiction in which such of-
fense was committed or the United States. 
(2) ARSONIST REGISTRY.—The term ‘‘arsonist 
registry’’ means a registry of criminal arsonists, and 
a notification program, maintained by a jurisdiction. 
(3) CRIMINAL OFFENSE.—The term ‘‘criminal 
offense’’ means a State, local, tribal, foreign, or mili-
tary 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 crimi-
nal 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— 
(A) a firefighter, as such term is defined in 
section 1204 of the Omnibus Crime Control and 
Safe Street Act of 1968 (42 U.S.C. 3796b)); or 
(B) an individual serving in an official ca-
pacity as a firefighter, fire investigator, or other 
arson investigator, as defined by the jurisdiction 
for the purposes of this Act. 
(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 section 2(o), a Federally 
recognized Indian tribe. 
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(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)). 
(8) 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. 
(9) 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. 
Æ 
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