(1) DEADLINE.—To be in compliance with this 
section, a jurisdiction shall implement this section be-
fore 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.— 
(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 wheth-
er a jurisdiction has substantially implemented 
this section, the Attorney General shall consider 
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whether the jurisdiction is unable to substan-
tially implement this section because of a dem-
onstrated inability to implement certain provi-
sions that would place the jurisdiction in viola-
tion of its constitution, as determined by a rul-
ing of the jurisdiction’s highest court. 
(B) EFFORTS.—If the circumstances arise 
under subparagraph (A), then the Attorney Gen-
eral 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 jurisdic-
tion’s constitution. In considering whether com-
pliance 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 of-
ficer of the jurisdiction concerning the jurisdic-
tion’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 
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the jurisdiction’s constitution, the Attorney Gen-
eral may determine that the jurisdiction is in 
compliance with this section if the jurisdiction 
has made, or is in the process of implementing, 
reasonable alternative procedures or accommoda-
tions, which are consistent with the purposes of 
this section. 
(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 im-
plement this section or may be reallocated to a juris-
diction from which they were withheld to be used sole-
ly for the purpose of implementing this section. 
(4) RULE OF CONSTRUCTION.—The provisions of 
this section that are cast as directions to jurisdictions 
or their officials constitute, in relation to States, only 
conditions required to avoid the reduction 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 govern-
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mental 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 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 ju-
risdiction 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 subject 
to the tribe’s jurisdiction; and 
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(ii) arrange for such a jurisdiction to 
carry out any function of the tribe under 
this subtitle with respect to arsonists subject 
to the tribe’s jurisdiction. 
(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 Fed-
eral Government, jurisdictions, political subdivisions of ju-
risdictions, and their agencies, officers, employees, and 
agents shall be immune from liability for good faith conduct 
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 2009 through 2014. 
SEC. 3. CRIMINAL ARSONIST MANAGEMENT ASSISTANCE 
PROGRAM. 
(a) IN GENERAL.—The Attorney General shall estab-
lish and implement a Criminal Arsonist Management As-
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sistance program (in this section referred to as the ‘‘Assist-
ance Program’’), under which the Attorney General shall 
award a grant to a jurisdiction to offset the costs of imple-
menting section 2. 
(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 Attorney 
General may require. 
(c) BONUS PAYMENTS FOR PROMPT COMPLIANCE.—A 
jurisdiction that, as determined by the Attorney General, 
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 juris-
diction 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 As-
sistance Program for the preceding fiscal year. 
(2) In the case of a determination that the juris-
diction has substantially implemented such section by 
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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 per-
cent 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 2009 through 2014. 
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. 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) 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 of-
fense’’ means a State, local, tribal, foreign, or mili-
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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 criminal 
offense. 
(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 safe-
ty 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. 
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(H) To the extent provided and subject to 
the requirements of section 2(o), a federally rec-
ognized 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). 
(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 in-
stitution of higher education. 
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Union Calendar No. 291 
110TH CONGRESS 
1ST SESSION 
H. R. 1759 
[Report No. 110–467] 
A BILL 
To establish guidelines and incentives for States to 
establish arsonist registries and to require the 
Attorney General to establish a national arsonist 
registry and notification program, and for other 
purposes. 
DECEMBER 4, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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