[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1727 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1727
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 HOUSE OF REPRESENTATIVES
March 26, 2009
Mrs. Bono Mack (for herself and Mr. Schiff) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish guidelines and incentives for States to establish criminal
arsonist and criminal bomber registries and to require the Attorney
General to establish a national criminal arsonist and criminal bomber
registry program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Managing Arson Through Criminal
History (MATCH) Act of 2009''.
SEC. 2. CRIMINAL ARSONIST AND CRIMINAL BOMBER REGISTRATION AND
NOTIFICATION PROGRAM.
(a) Registry Requirements for Jurisdictions.--
(1) Jurisdiction to maintain a registry.--Each jurisdiction
shall establish and maintain a jurisdiction-wide arsonist and
bomber registry conforming to the requirements of this section.
(2) Guidelines and regulations.--The Attorney General shall
issue guidelines and regulations to interpret and implement
this section.
(b) Registry Requirements for Criminal Arsonists and Bombers.--
(1) In general.--A criminal arsonist or criminal bomber
shall register, and shall keep the registration current, in
each jurisdiction where the criminal arsonist or criminal
bomber resides, where the criminal arsonist or criminal bomber
is an employee, and where the criminal arsonist or criminal
bomber is a student. For initial registration purposes only, a
criminal arsonist or criminal bomber shall also register in the
jurisdiction in which convicted if such jurisdiction is
different from the jurisdiction of residence.
(2) Initial registration.--The criminal arsonist or
criminal bomber shall initially register--
(A) before completing a sentence of imprisonment
with respect to the offense giving rise to the
registration requirement; or
(B) not later than 5 business days after being
sentenced for that offense, if the criminal arsonist or
criminal bomber is not sentenced to a term of
imprisonment.
(3) Keeping the registration current.--A criminal arsonist
or criminal bomber shall, not later than 10 business days after
each change of name, residence, employment, or student status,
appear in person in at least one jurisdiction involved pursuant
to paragraph (1) and inform that jurisdiction of all changes in
the information required for that criminal arsonist or criminal
bomber in the arsonist and bomber registry involved. That
jurisdiction shall immediately provide the revised information
to all other jurisdictions in which the criminal arsonist or
criminal bomber is required to register.
(4) Application of registration requirements.--
(A) In general.--Except as provided in guidelines
under subparagraph (B), the requirements of this
section, including the duties to register and to keep a
registration current, shall apply only to a criminal
arsonist or criminal bomber who was convicted of a
criminal offense involving arson or bombing on or after
the date of the enactment of this Act, and who was
notified of such duties and registered in accordance
with subsection (f).
(B) Application to criminal arsonists or criminal
bombers unable to comply with paragraph (2).--
(i) Guidelines.--The Attorney General shall
establish guidelines in accordance with the
provisions of this subparagraph for each
jurisdiction for the application of the
requirements of this section to criminal
arsonists or criminal bombers convicted before
the date of the enactment of this Act or the
date of its implementation in such a
jurisdiction, and shall prescribe rules for the
registration of any such criminal arsonists or
criminal bombers who are otherwise unable to
comply with paragraph (2).
(ii) Information required to be included in
registry.--With respect to each criminal
arsonist or criminal bomber described in clause
(i) convicted during the 10-year period
preceding the date of the enactment of this
Act, the guidelines under clause (i) shall
provide for the inclusion in the arsonist and
bomber registry of each applicable jurisdiction
(and, in accordance with subsection (j), the
provision by such jurisdiction to each entity
described in such subsection) of the following
information:
(I) The name of the criminal
arsonist or criminal bomber (including
any alias used by the person).
(II) The Social Security number of
the person.
(III) The most recent known address
of the residence at which the person
has resided.
(IV) A physical description of the
person.
(V) The text of the provision of
law defining the criminal offense for
which the person is convicted.
(VI) A set of fingerprints and palm
prints of the person.
(VII) A photocopy of a valid
driver's license or identification card
issued to the person by a jurisdiction,
if available.
(VIII) Any other information
required by the Attorney General.
(iii) Notice required.--The guidelines
under clause (i) shall provide notice to each
criminal arsonist or criminal bomber included
in an arsonist and bomber registry pursuant to
this subparagraph of such inclusion.
(5) State penalty for failure to comply.--Each
jurisdiction, other than a Federally recognized Indian tribe,
shall provide a criminal penalty that includes a maximum term
of imprisonment that is greater than one year for the failure
of a criminal arsonist or criminal bomber to comply with the
requirements of this section.
(6) Authority to exempt certain persons from registry
requirements.--A jurisdiction shall have the authority to
exempt a criminal arsonist or criminal bomber who has been
convicted of the offense of arson or bombing in violation of
the laws of the jurisdiction in which the offense was committed
or the United States for the first time from the registration
requirements under this section in exchange for the person's
substantial assistance in the investigation or prosecution of
another person who has committed an offense. The Attorney
General shall assure that any regulations promulgated under
this section include guidelines that reflect the general
appropriateness of exempting the person from the registration
requirements under this section.
(c) Information Required in Registration.--
(1) Provided by arsonist or bomber.--A criminal arsonist or
criminal bomber shall provide the following information to the
appropriate official for inclusion in the arsonist registry of
a jurisdiction in which the person is required to register:
(A) The name of the person (including any alias
used by the person).
(B) The Social Security number of the person.
(C) The address of each residence at which the
person resides or will reside.
(D) The name and address of any place where the
person is an employee or will be an employee.
(E) The name and address of any place where the
person is a student or will be a student.
(F) The license plate number and a description of
any vehicle owned or operated by the person.
(G) Any other information required by the Attorney
General.
(2) Provided by the jurisdiction.--The jurisdiction in
which a criminal arsonist or criminal bomber registers shall
ensure that the following information is included in the
registry for the person:
(A) A physical description of the person.
(B) The text of the provision of law defining the
criminal offense for which the person is registered.
(C) The criminal history of the person, including
the date of all arrests and convictions; the status of
parole, probation, or supervised release; registration
status; and the existence of any outstanding arrest
warrants for the person.
(D) A current photograph of the person.
(E) A set of fingerprints and palm prints of the
person.
(F) A photocopy of a valid driver's license or
identification card issued to the person by a
jurisdiction.
(G) Any other information required by the Attorney
General.
(d) Duration of Registration Requirement; Expunging Registries of
Information for Certain Juvenile Criminals.--
(1) Duration of registration requirement.--A criminal
arsonist or criminal bomber shall keep the registration
information provided under subsection (c) current for the full
registration period (excluding any time the person is in
custody). For purposes of this subsection, the full
registration period--
(A) shall commence on the later of the date on
which the person is convicted of an offense of arson or
bombing in violation of the laws of the jurisdiction in
which the offense was committed or the United States,
the date on which the person is released from prison
for such conviction, or the date on which the person is
placed on parole, supervised release, or probation for
such conviction; and
(B) shall be--
(i) five years for a person who has been
convicted of such an offense for the first
time;
(ii) ten years for a person who has been
convicted of such an offense for the second
time; and
(iii) for the life of the person for a
person who has been convicted of such an
offense more than twice.
(2) Expunging registries of information for certain
juvenile criminals.--
(A) In general.--In the case of a criminal arsonist
or criminal bomber described in subparagraph (B), a
jurisdiction shall expunge the arson and bomber
registry of such jurisdiction of information related to
such criminal arsonist or criminal bomber as of the
date that is 5 years after the last day of the
applicable full registration period under paragraph
(1).
(B) Criminal arsonist described.--For purposes of
subparagraph (A), a criminal arsonist or criminal
bomber described in this subparagraph is a criminal
arsonist or criminal bomber who--
(i) was a juvenile tried as an adult for
the offense giving rise to the duty to
register; and
(ii) was not convicted of any other
criminal felony during the period beginning on
the first day of the applicable full
registration period under paragraph (1) and
ending on the last day of the 5-year period
described in subparagraph (A).
(C) Application to other databases.--The Attorney
General shall establish a process to ensure that each
entity that receives information under subsection (j)
with respect to a criminal arsonist or criminal bomber
described in subparagraph (B) shall expunge the
applicable database of such information as of the date
that is 5 years after the last day of the applicable
full registration period under paragraph (1).
(e) Annual Verification.--Not less than once in each calendar year
during the full registration period, a criminal arsonist or criminal
bomber required to register under this section shall--
(1) appear in person at not less than one jurisdiction in
which the person is required to register;
(2) allow such jurisdiction to take a current photograph of
the person; and
(3) while present at such jurisdiction, verify the
information in each registry in which the person is required to
be registered.
(f) 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 criminal bomber from
custody, or, if the person is not in custody, immediately after
the sentencing of the person for the offense giving rise to the
duty to register--
(A) inform the person of the duties of the person
under this section and explain those duties in a manner
that the person can understand 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 requirement;
(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
registration of criminal arsonists and criminal bombers in
accordance with paragraph (1) who cannot be notified and
registered at the time set forth in paragraph (1).
(g) Access to 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 law enforcement personnel
and fire safety officers located in the jurisdiction, all
information about each criminal arsonist and criminal bomber 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 Internet site established
under subsection (i) and shall participate in that Internet
site as provided by the Attorney General in regulations which
comply with this paragraph.
(2) Prohibition on access by the public.--Information about
a criminal arsonist or criminal bomber shall not be made
available under paragraph (1) on the Internet to the public.
(3) Mandatory exemptions.--A jurisdiction shall exempt from
disclosure on the Internet site of the jurisdiction described
in paragraph (1), with respect to information about a criminal
arsonist or criminal bomber--
(A) any information about the criminal arsonist or
criminal bomber involving conviction for an offense
other than the offense or offenses for which the person
is registered;
(B) any information about the person if the person
is participating in a witness protection program and
the release of such information could jeopardize the
safety of the person or any other person; and
(C) any other information identified as a mandatory
exemption from disclosure by the Attorney General.
(4) Optional exemptions.--A jurisdiction is authorized to
exempt from disclosure on the Internet site of the jurisdiction
described in paragraph (1), with respect to information about a
criminal arsonist or criminal bomber--
(A) the name of an employer of the person; and
(B) the name of an educational institution where
the person is a student.
(5) Correction of errors.--The Attorney General shall
establish guidelines for each jurisdiction for a process to
seek correction of information included in the Internet site
established by the jurisdiction pursuant to paragraph (1) in
the case that an individual contends such information is
erroneous. Such guidelines shall provide for an adequate period
following the date on which the individual has knowledge of the
information's inclusion in the Internet site for the individual
to seek such correction of information.
(6) Warning.--An Internet site established by a
jurisdiction pursuant to paragraph (1) shall include a warning
that information on the site is to be used for law enforcement
purposes only and may only be disclosed in connection with such
purposes. The warning shall note that any action in violation
of the previous sentence may result in a civil or criminal
penalty.
(h) National Criminal Arsonist and Criminal Bomber Registry.--
(1) In general.--The Attorney General shall maintain a
national database at the Bureau of Alcohol, Tobacco, Firearms
and Explosives for each criminal arsonist or criminal bomber.
The database shall be known as the National Criminal Arsonist
and Criminal Bomber Registry.
(2) Electronic forwarding.--The Attorney General shall
ensure (through the national registry or otherwise) that
updated information about a criminal arsonist or criminal
bomber is immediately transmitted by electronic forwarding to
all relevant jurisdictions.
(3) Authorization of appropriations.--In addition to any
amounts otherwise authorized to be appropriated, there are
authorized to be appropriated to the Attorney General, to carry
out this subsection, such sums as may be necessary for each of
the fiscal years 2010 through 2014.
(i) National Arsonist and Bomber Internet Site.--
(1) In general.--The Attorney General shall establish and
maintain a national arsonist and bomber Internet site. The
Internet site shall include relevant information for each
criminal arsonist or criminal bomber. The Internet site shall
allow law enforcement officers and fire safety officers to
obtain relevant information for each criminal arsonist or
criminal bomber 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 Attorney General and
shall have such other field search capabilities as the Attorney
General may provide.
(2) Prohibition on access by the public.--Information about
a criminal arsonist or criminal bomber shall not be made
available under paragraph (1) on the Internet to the public.
(3) Authorization of appropriations.--In addition to any
amounts otherwise authorized to be appropriated, there are
authorized to be appropriated to the Attorney General, to carry
out this subsection, such sums as may be necessary for each of
the fiscal years 2010 through 2014.
(j) Notification Procedures.--Under a registration program
established by a jurisdiction pursuant to subsection (a), immediately
after a criminal arsonist or criminal bomber registers or updates a
registration, an appropriate official in the jurisdiction shall provide
the information in the registry (other than information exempted from
disclosure by this section or by the Attorney General) about that
offender to the following entities:
(1) The Attorney General, who shall include that
information in the National Registry.
(2) Appropriate law enforcement agencies (including
probation agencies, if appropriate) in each area in which the
offender resides, is an employee, or is a student.
(3) Each jurisdiction where the offender resides, is an
employee, or is a student, and each jurisdiction from or to
which a change of residence, employment, or student status
occurs.
(k) Actions To Be Taken When Criminal Arsonist or Criminal Bomber
Fails To Comply.--Under a registration program established by a
jurisdiction pursuant to subsection (a), an appropriate official of the
jurisdiction shall notify the Attorney General and appropriate law
enforcement agencies of any failure by a criminal arsonist or criminal
bomber to comply with the requirements of the 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 jurisdictions, develop and
support software to enable jurisdictions to establish and
operate uniform registries and Internet sites.
(2) Criteria.--The software described in paragraph (1)
should facilitate--
(A) immediate exchange of information among
jurisdictions;
(B) access over the Internet to appropriate
information, including the number of registered
criminal arsonists or criminal bombers in each
jurisdiction on a current basis;
(C) full compliance with the requirements of this
section; and
(D) communication of information as required 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 Jurisdictions.--
(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 enactment 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).
(3) Failure of jurisdiction to comply.--For any fiscal year
after the expiration of the deadline specified in paragraph (1)
(and any extension under paragraph (2)), a jurisdiction that
fails, as determined 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 Enforcement Assistance Programs,
the Local Government Law Enforcement Block Grants Program, the
Edward Byrne Memorial Justice Assistance Grant Program, or
otherwise.
(n) Election by Indian Tribes.--
(1) Election.--
(A) In general.--A federally recognized Indian
tribe may, by resolution or other enactment of the
tribal council or comparable governmental 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 authorities and other
jurisdictions.--
(A) Nonduplication.--A tribe subject to this
section is not required to duplicate functions under
this section which are fully carried out by another
jurisdiction or jurisdictions within 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
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
jurisdictional authorities.
(o) 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 conduct under this section.
(p) Criminal Arsonist and Criminal Bomber Management Assistance
Program.--
(1) In general.--The Attorney General shall establish and
implement a Criminal Arsonist and Bomber Management Assistance
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 jurisdiction
desiring a grant under this subsection, with respect to a
fiscal year, shall for each such fiscal year submit to the
Attorney General an application 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 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 follows:
(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 appropriated to the Attorney General, to be
available to carry out this subsection, such sums as may be
necessary for each of the fiscal years 2010 through 2014.
(q) Definitions.--For purposes of this section:
(1) Criminal arsonist.--The term ``criminal arsonist''
means an individual who is convicted of any criminal offense
for committing arson, attempting 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, attempting 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) Arsonist and bomber registry.--The term ``arsonist and
bomber registry'' means a registry of criminal arsonists, and a
notification program, maintained by a jurisdiction.
(4) Criminal offense.--The term ``criminal offense'' means
a Federal State, local, tribal, foreign, 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.
(5) Employee.--The term ``employee'' includes an individual
who is self-employed or works for any other entity, whether
compensated or not.
(6) Fire safety officer.--The term ``fire safety officer''
means an individual serving in an official capacity as a
firefighter, fire investigator, or other arson investigator, as
defined by the jurisdiction for the purposes of this section.
(7) 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 (o), a federally recognized
Indian tribe.
(8) 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).
(9) Resides.--The term ``resides'' means, with respect to
an individual, the location of the individual's home or other
place where the individual habitually 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.
<all>