S 1684 IS

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.CommentsClose CommentsPermalink

September 17, 2009CommentsClose CommentsPermalink

Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Managing Arson Through Criminal History (MATCH) Act of 200910’. CommentsClose CommentsPermalink

SEC. 2. CRIMINAL ARSONIST AND CRIMINAL BOMBER REGISTRATION AND NOTIFICATION PROGRAM.

(a) Definitions- For purposes of this section: CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(3) 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) ofPublic Law 105-119 (10 U.S.C. 951 note)) or other criminal offense. CommentsClose CommentsPermalink





(4) EMPLOYEE- The term ‘employee’ includes an individual who is self-employed or works for any other entity, whether compensated or not. CommentsClose CommentsPermalink





(5) FIRE SAFETY OFFICER- The term ‘fire safety officer’ means an individual serving in an official capacity as a fire investigator, or other arson or bomber investigator, as defined by the jurisdiction for the purposes of this section. CommentsClose CommentsPermalink





(6) JURISDICTION- The term ‘jurisdiction’ means any of the following: CommentsClose CommentsPermalink





(A) A State. CommentsClose CommentsPermalink





(B) The District of Columbia. CommentsClose CommentsPermalink





(C) The Commonwealth of Puerto Rico. CommentsClose CommentsPermalink





(D) Guam. CommentsClose CommentsPermalink





(E) American Samoa. CommentsClose CommentsPermalink





(F) The Northern Mariana Islands. CommentsClose CommentsPermalink





(G) The United States Virgin Islands. CommentsClose CommentsPermalink





(H) To the extent provided and subject to the requirements of subsection (k), a federally recognized Indian tribe. CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(8) NATIONAL REGISTRY- The term ‘National Registry’ means the National Criminal Arsonist and Criminal Bomber Registry established under subsection (b)(1). CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(b) National Criminal Arsonist and Criminal Bomber Registry and Internet Site- CommentsClose CommentsPermalink





(1) NATIONAL CRIMINAL ARSONIST AND CRIMINAL BOMBER REGISTRY- CommentsClose CommentsPermalink





(A) 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’. Such registry shall be used for law enforcement purposes only and information maintained in such registry may only be disclosed in connection with such purposes. CommentsClose CommentsPermalink





(B) 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 available to all relevant jurisdictions. CommentsClose CommentsPermalink





(C) NOTIFICATION TO JURISDICTIONS- The Attorney General shall provide notification to a jurisdiction in which the offender resides or will reside, is an employee, or is a student. Immediately after the Attorney General receives information (or updated information) under this section from a jurisdiction for inclusion in the National Registry, with respect to a criminal arsonist or criminal bomber, the Attorney General shall ensure that such information (or updated information), other than any information exempted from disclosure by the Attorney General, is provided to each jurisdiction in which the offender resides or will reside, is an employee, or is a student. CommentsClose CommentsPermalink





(2) NATIONAL ARSONIST AND BOMBER INTERNET SITE- CommentsClose CommentsPermalink





(A) 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. CommentsClose CommentsPermalink





(B) USE FOR LAW ENFORCEMENT PURPOSES ONLY- The Internet site established under subparagraph (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. CommentsClose CommentsPermalink





(C) EXEMPTIONS FROM DISCLOSURE- The Attorney General may exempt from disclosure on the Internet site established under this paragraph such information as the Attorney General deems appropriate. CommentsClose CommentsPermalink





(3) PROHIBITION ON ACCESS BY THE PUBLIC- Information about a criminal arsonist or criminal bomber shall not be made available under paragraph (1) or (2) to the public. CommentsClose CommentsPermalink





(4) CORRECTION OF ERRORS- The Attorney General shall establish guidelines for a process to seek correction of information included in the national database under paragraph (1) or the Internet site under paragraph (2) in the case that an individual contends such information is erroneous. Such guidelines shall provide for an adequate period for the individual to seek such correction of information. CommentsClose CommentsPermalink





(5) FUNDING- For fiscal year 2011 and each fiscal year thereafter, amounts made available for the appropriations account appropriated under the heading ‘SALARIES AND EXPENSES’ under the heading ‘Bureau of Alcohol, Tobacco, Firearms and Explosives ’ are authorized to be used to carry out this subsection. CommentsClose CommentsPermalink





(c) Registry Requirements for Jurisdictions- CommentsClose CommentsPermalink





(1) JURISDICTION TO MAINTAIN APARTICIPATE IN NATIONAL REGISTRY- Each jurisdiction shall establish and maintain a jurisdiction-wide arsonist and bomber rparticipate in the National Registry by providing information, with respect to criminal arsonists and criminal bombers, to the National Registry in accordance with this section.(2) Such information, with respect to a criminal arsonist or criminal bomber, shall be provided by a jurisdiction-- CommentsClose CommentsPermalink





(A) to the Attorney General for inclusion in the National Registry immediately after the criminal arsonist or criminal bomber provides information (or provides updated information), other than information exempted from disclosure by the Attorney General, to the jurisdiction under this section; and CommentsClose CommentsPermalink





(B) in an electronic format as specified by the Attorney General. CommentsClose CommentsPermalink





(2) GUIDELINES AND REGULATIONS- The Attorney General shall issue guidelines and regulations to carry out this section.(binterpret and implement this section. CommentsClose CommentsPermalink





(d) Registry Requirements for Criminal Arsonists and Bombers- CommentsClose CommentsPermalink





(1) IN GENERAL- A criminal arsonist or criminal bomber shall register, and shall keep the registration current in accordance with paragraph (3), in each jurisdiction in whichprovide information described in subsection (e)(1) to (and shall keep such information current with) each jurisdiction where the criminal arsonist or criminal bomber resides, is an employee, owhere the criminal arsonist or criminal bomber is an employee, and where the criminal arsonist or criminal bomber is a student. For the initial provision of information only, a criminal arsonist or criminal bomber shall also provide such information to the jurisdiction in which the arsonist or bomber was convicted if such jurisdiction is different from the jurisdiction of residence. CommentsClose CommentsPermalink





(2) INITIAL REGISTRATION- AThe criminal arsonist or criminal bomber shall initially register--

(A) in addition to any jurisdiction described in paragraph (1), in the jurisdiction in which the criminal arsonist or criminal bomber was convicted; and

(B)(iprovide information described in subsection (e)(1)-- CommentsClose CommentsPermalink




(A) before completing a sentence of imprisonment with respect to the arson offense or bombing offense giving rise to the registration requirement; or CommentsClose CommentsPermalink





(iiB) not later than 5 business days after being sentenced for the arson offense or bombing offense giving rise to the registration requirementat offense, if the criminal arsonist or criminal bomber is not sentenced to a term of imprisonment. CommentsClose CommentsPermalink





(3) KEEPING THE REGISTRATION CURRENT-(A) IN GENERAL- N A criminal arsonist or criminal bomber shall, not later than 10 business days after each change of name, residence, employment, or student status, a criminal arsonist or criminal bomber shall appear in person in at least 1 jurisdiction described inppear in person in not less than 1 jurisdiction described paragraph (1) and inform the jurisdiction ofat jurisdiction of all changes in the information required for that criminal arsonist or criminal bomber in the arsonist and bomber registry involved.(B) PROVISION TO OTHER JURISDICTIONS- A jurisdiction receiving information under subparagraph (A)for purposes of inclusion in the National Registry. That jurisdiction shall immediately provide the revised information to all other jurisdictions in which the criminal arsonist or criminal bomber is required to registerthe National Registry. CommentsClose CommentsPermalink





(4) APPLICATION OF REGISTRATION REQUIREMENTS- CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in the guidelines established under subparagraph (B), the requirements of this section, including the duties to register and to keep a registration current, shall apply only to aOFFENDER REGISTRATION REQUIREMENTS APPLICABLE ONLY PROSPECTIVELY AND WITH NOTIFICATION- A criminal arsonist or criminal bomber is required to provide information to a jurisdiction, and to keep such information current, under this section for inclusion in the National Registry only to the extent-- CommentsClose CommentsPermalink





(i) that such criminal arsonist or criminal bomberwho was--(i) convicted of an arson offense or a bombing offense on or after the date of-- CommentsClose CommentsPermalink





(I) was convicted of a criminal offense involving arson or bombing on or after the date of the enactment of this Act; and CommentsClose CommentsPermalink





(ii) notified of the duties and registeredII) was notified of such requirements in accordance with subsection (f)h); and CommentsClose CommentsPermalink





(ii) the jurisdiction involved participates in the National Registry. CommentsClose CommentsPermalink





(B) APPLICATION TO CRIMINAL ARSONISTS OR CRIMINAL BOMBERS UNABLEJURISDICTION OF CONVICTION REQUIRED TO COMPLY WITH PARAGRAPH (2)(B)SUBMIT INFORMATION ON OFFENDERS CONVICTED BEFORE DATE OF ENACTMENT AND ON THOSE NOT NOTIFIED- CommentsClose CommentsPermalink





(i) GUIDELINES- The Attorney General shall establish guidelines in accordance with this subparagraph for each jurisdiction for--

(I) 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 the implementation of this section in such a jurisdiction; and

(II) the registration of any criminal arsonist or criminal bomber described in subclause (I) who is otherwise unable to comply with paragraph (2)(B).

(ii) INFORMATION REQUIRED TO BE INCLUDED IN REGISTRY- With respect to each criminal arsonist or criminal bomber, in accordance with the provisions of this subparagraph, under which each jurisdiction is required to provide to the National Registry information described in clause (i) convicted of an arson offense or bombing offensesubsection (e)(2) with respect to-- CommentsClose CommentsPermalink




(I) each criminal arsonist or criminal bomber who was convicted in such jurisdiction of a criminal offense involving arson or bombing during the 10-year period ending on 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 the jurisdiction to each entity described in subsection (j)) of--(I) the name of the; and CommentsClose CommentsPermalink





(II) each criminal arsonist or criminal bomber (including any alias used by the individual);

(II) the Social Security number of the individual;

(III) the most recent known address of the residence at which the individualwho was convicted on or after the date of the enactment of the Act in such jurisdiction of such an offense and who has resided;

(IV) a physical description of the individual;

(V) the text of the provision of law establishing the arson offense or bombing offense giving rise to the duty of the individual to register;

(VI) a set of fingerprints and palm prints of the individual;

(VII) a photocopy of a valid driver’s license or identification card issued to the individual by a jurisdiction, if available; and

(VIII) any other information required by the Attorney General.

(iii) not been notified, in accordance with subsection (h), of the requirements to provide information, and to keep such information current, under this section. CommentsClose CommentsPermalink




(ii) NOTICE REQUIRED- The guidelinesUnder the guidelines established under clause (i) shall requir, a jurisdiction shall be required to provide notice to each criminal arsonist or criminal bomber included in an arsonist and bomber rthe National Registry pursuant to this subparagraph of such inclusion. CommentsClose CommentsPermalink





(5) STATE PENALTY FOR FAILUREACTIONS TO BE TAKEN WHEN CRIMINAL ARSONIST OR CRIMINAL BOMBER FAILS 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 1 year for the failure ofAn appropriate official of each 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 this section.(6)provide information, and keep such information current, under this section. The Attorney General shall revise the National Registry to reflect the nature of such failure. The appropriate official, the Attorney General, and each law enforcement agency involved shall take any appropriate action to ensure compliance. CommentsClose CommentsPermalink





(6) AUTHORITY TO EXEMPT CERTAIN INDIVIDUALPERSONS FROM REGISTRY REQUIREMENTS- A jurisdiction mayshall have the authority to exempt a criminal arsonist or criminal bomber who has been convicted of an arson offense or a bombing offensethe 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 requirementsquirements to provide information, and keep such information current, under this section in exchange for the person’s substantial assistance of the individual in the investigation or prosecution of another person who has committed a criminal offense. The Attorney General shalln offense. The Attorney General shall ensure that any regulations promulgated under this section include guidelines establishing criteria regarding when it is appropriate to exempt an individual from the registration requirements under this section.(cthat reflect the general appropriateness of exempting the person from the requirements of providing information, and keeping such information current, under this section. CommentsClose CommentsPermalink





(e) Information Required in Registration-(1for Inclusion in National Registry- CommentsClose CommentsPermalink





(1) PROSPECTIVE CONVICTIONS WITH NOTIFICATION- CommentsClose CommentsPermalink





(A) PROVIDED BY ARSONIST OR BOMBER- A criminal arsonist or criminal bomber shall provide to the appropriate officer of a jurisdiction in which the individual is required to register for inclusion in the arsonist and bomber registry of the jurisdiction--(A)convicted of a criminal offense involving arson or bombing on or after the date of the enactment of this Act shall provide the following information to the name of the individualappropriate official of the jurisdiction involved for inclusion in the National Registry: CommentsClose CommentsPermalink





(i) The name of the person (including any alias used by the individual);(B) tperson). CommentsClose CommentsPermalink





(ii) The Social Security number of the individual;(C) tperson. CommentsClose CommentsPermalink





(iii) The address of each residence at which the individualperson resides or will reside;(D) t. CommentsClose CommentsPermalink





(iv) The name and address of any place where the individual is anperson is an employee or will be an employee;(E) t. CommentsClose CommentsPermalink





(v) The name and address of any place where the individual is aperson is a student or will be a student;(F) t. CommentsClose CommentsPermalink





(vi) The license plate number and a description of any vehicle owned or operated by the individual; and(G) aperson. CommentsClose CommentsPermalink





(vii) Any other information required by the Attorney General. CommentsClose CommentsPermalink





(2B) PROVIDED BY THE JURISDICTION- The jurisdiction into which a criminal arsonist or criminal bomber registers shall ensure that the arsonist and bomber registry of the jurisdiction includes--(A) adescribed in subparagraph (A) provides information shall ensure that the following information, with respect to such arsonist or bomber, is provided to the National Registry: CommentsClose CommentsPermalink





(i) The information described in subparagraph (A), as provided by the arsonist or bomber. CommentsClose CommentsPermalink





(ii) A physical description of the individual;(B) tperson. CommentsClose CommentsPermalink





(iii) The text of the provision of law establishing the arson offense or bombing offense giving rise to the duty of the individual to register;

(C) the criminal history of the individual, 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 individual;

(D) adefining the criminal offense for which the person is required to be registered under this section. CommentsClose CommentsPermalink




(iv) A current photograph of the individual;(E) aperson. CommentsClose CommentsPermalink





(v) A set of fingerprints and palm prints of the person. CommentsClose CommentsPermalink





(vi) A photocopy of a valid driver’s license or identification card issued to the person by a jurisdiction. CommentsClose CommentsPermalink





(vii) Any other information required by the Attorney General. CommentsClose CommentsPermalink





(2) PROVIDED BY JURISDICTION OF CONVICTIONS IN CASE OF CONVICTIONS BEFORE DATE OF ENACTMENT AND FAILURES TO NOTIFY- Each jurisdiction in which a criminal arsonist or criminal bomber described in subclause (I) or (II) of subsection (d)(4)(B)(i) was convicted shall ensure that the following information is provided to the National Registry: CommentsClose CommentsPermalink





(A) The name of the criminal arsonist or criminal bomber (including any alias used by the person). CommentsClose CommentsPermalink





(B) The Social Security number of the person. CommentsClose CommentsPermalink





(C) The most recent known address of the residence at which the person has resided. CommentsClose CommentsPermalink





(D) A physical description of the person. CommentsClose CommentsPermalink





(E) The text of the provision of law defining the criminal offense for which the person is convicted. CommentsClose CommentsPermalink





(F) A set of fingerprints and palm prints of the individual;(F) aperson, if available to the jurisdiction. CommentsClose CommentsPermalink





(G) A photocopy of a valid driver’s license or identification card issued to the individual by a jurisdiction; and(G) aperson by a jurisdiction, if available. CommentsClose CommentsPermalink





(H) Any other information required by the Attorney General. CommentsClose CommentsPermalink





(df) Duration of Registration Requirement; Expunging Registries of Information for Certain Juvenile Criminals- CommentsClose CommentsPermalink





(1) DURATION OF REGISTRATION REQUIREMENT- A criminal arsonist or criminal bomber shall keep the registration information provided under subsection (c) current in accordance with subsection (b)(3) for the full registration periode)(1)(A) current for the full registration period (excluding any time the person is in custody). For purposes of this subsection, the full registration period-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(B) shall be-- CommentsClose CommentsPermalink





(i) 5 years for a person who has been convicted of such an offense for the first time; CommentsClose CommentsPermalink





(ii) 10 years for a person who has been convicted of such an offense for the second time; and CommentsClose CommentsPermalink





(iii) for the life of the person for a person who has been convicted of such an offense more than twice. CommentsClose CommentsPermalink





(2) EXPUNGING REGISTRIES OF INFORMATION FOR CERTAIN JUVENILE CRIMINALS- CommentsClose CommentsPermalink





(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 the jurisdictionthe Attorney General shall expunge the National Registry of information relating to theed to such criminal arsonist or criminal bomber onas of the date that is 5 years after the last day of the full registration period for the criminal arsonist or criminal bomber.(B) applicable full registration period under paragraph (1). CommentsClose CommentsPermalink





(B) CRIMINAL ARSONIST OR CRIMINAL BOMBER DESCRIBED- A criminal arsonist or criminal bomber described in thisFor purposes of subparagraph (A), a criminal arsonist or criminal bomber described in this subparagraph is a criminal arsonist or criminal bomber who-- CommentsClose CommentsPermalink





(i) was a juvenile tried as an adult for the arson offense or bombing offense giving rise to the duty of the individual toto register under this section; and CommentsClose CommentsPermalink





(ii) was not convicted of any other criminal felony during the period beginning on the first day of the full registration period for the criminal arsonist or criminal bomberapplicable full registration period under paragraph (1) and ending on the last day of the 5-year period described in subparagraph (A). CommentsClose CommentsPermalink





(C) APPLICATION TO OTHER DATABASES- The Attorney General shall establish a process to ensure that each entity that receives information under subsection (ji) with respect to a criminal arsonist or criminal bomber described in subparagraph (B) shall expunge the applicable database of the information onsuch information as of the date that is 5 years after the last day of the full registration period for the criminal arsonist or criminal bomber.(e) applicable full registration period under paragraph (1). CommentsClose CommentsPermalink





(g) Annual Verification- Not less than once duringin each calendar year during the full registration period, a criminal arsonist or criminal bomber required to registerprovide information to a jurisdiction under this section shall-- CommentsClose CommentsPermalink





(1) appear in person at not less than 1 jurisdiction in which the individual is required to register;(2) allow thesuch jurisdiction; CommentsClose CommentsPermalink





(2) allow such jurisdiction to take a current photograph of the individualperson; and CommentsClose CommentsPermalink





(3) while present at thesuch jurisdiction, verify the information in each arsonist and bomber registry in which the individual is required to be registered.(f) Duty Tcontained in the National Registry for such person. CommentsClose CommentsPermalink





(h) Duty to Notify Criminal Arsonists and Criminal Bombers of Registration Requirements and Tto Register- CommentsClose CommentsPermalink





(1) IN GENERAL- An appropriate officerial shall, shortly before release of a criminal arsonist or criminal bomber from custody, or, if the individualperson is not in custody, immediately after the sentencing of the individual for the arson offense or bombingperson for the offense giving rise to the duty of the individual to registerto register under this section-- CommentsClose CommentsPermalink





(A) inform the individual of the duties of the individualperson of the duties of the person under this section and explain those duties in a manner that the individualperson can understand in light of the native language, mental capability, and age of the individual;(B) ensure that the individual understands the registrationperson; CommentsClose CommentsPermalink





(B) ensure that the person understands the registration requirement, and if so, require the individual toperson to read and sign a form stating that the duty to register has been explained and that the individual understands the registrationperson understands the registration requirement; CommentsClose CommentsPermalink





(C) if the individualif the person is unable to understand the registration requirements, the official shall sign a form stating that the individual is person is unable to understand the registration requirements; and CommentsClose CommentsPermalink





(D) ensure that the individual is registered in accordance with this section.(2)person is registered. CommentsClose CommentsPermalink





(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 in accordance with this section of criminal arsonists and criminal bombers in accordance with paragraph (1) who cannot be registered in accordance with 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 arsonist and bomber registry of the jurisdiction.

(2) COORDINATION WITH NATIONAL DATABASE- Each jurisdiction shall--

(A) ensure that the Internet site of the jurisdiction described in paragraph (1) includes all field search capabilities needed for full participation in the national Internet site established under subsection (i); and

(B) participate in the national Internet site established under subsection (i) in accordance with regulations promulgated by the Attorney General under this section.

(3) PROHIBITION ON ACCESS BY THE PUBLIC- Information about a criminal arsonist or criminal bomber shall not be made available on the Internet to the public under paragraph (1).

(4) MANDATORY EXEMPTIONS- A jurisdiction shall exempt from disclosure on the Internet site of the jurisdiction described in paragraph (1)--

(A) any information about a criminal arsonist or criminal bomber involving conviction for an offense other than the arson offense or bombing offense giving rise to the duty of the individual to register;

(B) if the criminal arsonist or criminal bomber is participating in a witness protection program, any information about the individual the release of which could jeopardize the safety of the individual or any other person; and

(C) any other information identified as a mandatory exemption from disclosure by the Attorney General.

(5) OPTIONAL EXEMPTIONS- A jurisdiction may exempt from disclosure on the Internet site of the jurisdiction described in paragraph (1)--

(A) the name of an employer of a criminal arsonist or criminal bomber; and

(B) the name of an educational institution where a criminal arsonist or criminal bomber is a student.

(6) CORRECTION OF ERRORS- The Attorney General shall establish guidelines to be used by each jurisdiction to establish a process to seek correction of information included in the Internet site of the jurisdiction described in paragraph (1) if an individual contends the information is erroneous. The guidelines established under this paragraph shall establish the period, beginning on the date on which an individual has knowledge of the inclusion of information in the Internet site, during which the individual may seek the correction of the information.

(7) WARNING- An Internet site of a jurisdiction described in paragraph (1) shall include a warning that--

(A) information on the site is to be used for law enforcement purposes only and may only be disclosed in connection with law enforcement purposes; and

(B) any action in violation of subparagraph (A) 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 databasenotified and registered at the Bureau of Alcohol, Tobacco, Firearms, and Explosives that includes relevant information for each criminal arsonist or criminal bomber (including any information provided under subsection (j)). 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 maintained under this subsection 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- There are authorized to be appropriated to the Attorney General to carry out this subsection such sums as may be necessary for each of 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 on the Internet to the public under paragraph (1).

(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Attorney General to carry out this subsection such sums as may be necessary for each of fiscal years 2010 through 2014.

(j) Notification Procedures-

(1) IN GENERAL- Immediately after a criminal arsonist or criminal bomber registers in the arsonist and bomber registry of a jurisdiction, or updates a registration in the arsonist and bomber registry of a jurisdiction, an appropriate officer of the jurisdiction shall provide the information in the arsonist and bomber registry (other than information exempted from disclosure by this section or the Attorney General) about the individual to the entities described in paragraph (2).

(2) ENTITIES- The entities described in this paragraph are--

(A) the Attorney General;

(B) appropriate law enforcement agencies (including probation agencies, if applicable) in each area in which the criminal arsonist or criminal bomber resides, is an employee, or is a student;

(C) each jurisdiction in which the criminal arsonist or criminal bomber resides, is an employee, or is a student; and

(D) 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-

(1) JURISDICTIONS- An appropriate officer of a jurisdiction shall--

(A) notify the Attorney General and appropriate law enforcement agencies if a criminal arsonist or criminal bomber fails to comply with the requirements of the arsonist and bomber registry of the jurisdiction; and

(B) revise the arsonist and bomber registry of the jurisdiction to reflect the nature of the failure.

(2) ENSURING COMPLIANCE- If a criminal arsonist or criminal bomber fails to comply with the requirements of the arsonist and bomber registry of a jurisdiction, an appropriate officer of the jurisdiction, the Attorney General, and any law enforcement agency notified under paragraph (1)(A) shall take any appropriate action to ensure compliance.

(l) time set forth in paragraph (1). CommentsClose CommentsPermalink




(i) Development and Availability of Registry Management and Website Software- CommentsClose CommentsPermalink





(1) DUTY TO DEVELOP AND SUPPORT- In consultation with the jurisdictions, tThe Attorney General shall develop and support software to enable jurisdictions to establish and operate arsonist and bomber registries andparticipate in the National Registry and the national Internet sites described in established under subsection (gb)(2). CommentsClose CommentsPermalink





(2) CRITERIA- The software described in paragraph (1) shallould facilitate-- CommentsClose CommentsPermalink





(A) immediate exchange of information among jurisdictions through the national Internet site established under subsection (b)(2); CommentsClose CommentsPermalink





(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 current basis; and CommentsClose CommentsPermalink





(C) full compliance with the requirements of this section; and

(D) communication of information as required under subsection (j).

(3) DEADLINE- N. CommentsClose CommentsPermalink




(3) DEADLINE- The Attorney General shall make the first complete edition of this software available to jurisdictions not later than 2two years after the date of the enactment of this Act, the Attorney General shall make available to jurisdictions a fully operational edition of the software described in paragraph (1).(m). CommentsClose CommentsPermalink





(j) Period for Implementation by Jurisdictions- CommentsClose CommentsPermalink





(1) DEADLINE- A jurisdiction shall implement this section not later thanTo be in compliance with this section, a jurisdiction shall participate in the National Registry in accordance with this section before the later of-- CommentsClose CommentsPermalink





(A) 3 years after the date of the enactment of this Act; or CommentsClose CommentsPermalink





(B) 1 year after the date on which the software described in subsection (li) is made available to thesuch jurisdiction. CommentsClose CommentsPermalink





(2) EXTENSIONS- The Attorney General may makauthorize not more than 2 1one-year extensions of the deadline under paragraph (1) for a jurisdiction.

(3) FAILURE OF JURISDICTION TO COMPLY- For any fiscal year after the expiration of the deadline specified in paragraph (1) (including any extension under paragraph (2)), that a jurisdiction fails to substantially implement this section, as determined by the Attorney General, the jurisdiction shall not receive 10 percent 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.).

(n) . CommentsClose CommentsPermalink




(k) Election by Indian Tribes- CommentsClose CommentsPermalink





(1) ELECTION- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(B) IMPLEMENTATION- A federally recognized IndianIf a tribe that, as of the date that isdoes not, within 1 year after the date ofof the enactment of this Act, has not made an election described in subparagraph (A)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. CommentsClose CommentsPermalink





(2) COOPERATION BETWEEN TRIBAL AUTHORITIES AND OTHER JURISDICTIONS- CommentsClose CommentsPermalink





(A) NONDUPLICATION- A federally recognized Indian tribe subject to this section is not required to duplicate functions under this section thatwhich are fully carried out by 1 or moreanother jurisdiction or jurisdictions within which the territory of the tribe is located. CommentsClose CommentsPermalink





(B) COOPERATIVE AGREEMENTS- A federally recognized Indian tribetribe may, through cooperative agreements with 1 or moresuch a jurisdiction or jurisdictionswithin which the territory of the tribe is located, may-- CommentsClose CommentsPermalink





(i) arrange for the tribe to carry out any function of thesuch a jurisdiction under this section with respect to criminal arsonists or criminal bombers subject to the jurisdiction of the tribetribe’s jurisdiction; and CommentsClose CommentsPermalink





(ii) arrange for thesuch a jurisdiction to carry out any function of the tribe under this section with respect to criminal arsonists and criminal bombers subject to the jurisdiction of the tribetribe’s jurisdiction. CommentsClose CommentsPermalink





(3) LAW ENFORCEMENT AUTHORITY IN INDIAN COUNTRY- Enforcement of this section in Indian country, as defined insection 1151 of title 18, United States Code, shall be carried out by the Federal Government, tribal governmentsFederal, tribal, and State governments under existing jurisdictional authorities in effect on the date of enactment of this Act.(o. CommentsClose CommentsPermalink





(l) Immunity for Good Faith Conduct- The Federal Government, a jurisdiction, a political subdivision of a jurisdiction, and an agency, officer, employee, and agent of the Federal Government, a jurisdiction, or ajurisdictions, political subdivision of a jurisdiction shall not be held liable in any Federal or State court for anys of jurisdictions, and their agencies, officers, employees, and agents shall be immune from liability for good faith conduct to carry out this section.(p) under this section. CommentsClose CommentsPermalink





(m) 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 may make grants to jurisdictions to offset the costs of implementing this section.

(2) APPLICATION- A jurisdiction desiring a grant under this subsection for a fiscal year shall 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) IN GENERAL- A jurisdiction that, as determined by the Attorney General, has substantially implemented this section not later than 2 years after the date of enactment of this Act is eligible for a bonus payment in addition to the amount of a grant to the jurisdiction under paragraph (1). The Attorney General may make a bonus payment to a jurisdiction for the first fiscal year beginning after the date on which the Attorney General determines the jurisdiction has substantially implemented this section.

(B) AMOUNT- A bonus payment under this paragraph shall be--

(i) if the Attorney General determines that the jurisdiction has substantially implemented this section not later than the date that is 1 year after the date of enactment of this Act, in an amount equal to 10 percent of the amount of a grant to the jurisdiction under paragraph (1) for the fiscal year in which the bonus payment is made; and

(ii) if the Attorney General determines that the jurisdiction has substantially implemented this section after the date that is 1 year after the date of the enactment of this Act, and not later than 2 years after the date of enactment of this Act, in an amount equal to 5 percent of the amount of a grant to the jurisdiction under paragraph (1) for the fiscal year in which the bonus payment is made.

(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Attorney General to carry out this subsection such sums as may be necessary for each of fiscal years 2010 through 2014.

(q) Definitions- In this section:

(1) ARSONIST AND BOMBER REGISTRY- The term ‘arsonist and bomber registry’ means a registry of criminal arsonists and criminal bombers, and a notification program, maintained by a jurisdiction under this section.

(2) ARSON OFFENSE- The term ‘arson offense’ means any criminal offense for committing arson, attempting arson, or conspiracy to commit arson in violation of the laws of the jurisdiction in which the offense was committed or the laws of the United States.

(3) BOMBING OFFENSE- The term ‘bombing offense’ means 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 the offense was committed or the laws of the United States.

(4) CRIMINAL ARSONIST- The term ‘criminal arsonist’--

(A) means an individual who is convicted of an arson offense; and

(B) does not include a juvenile who is convicted of an arson offense unless the juvenile was tried as an adult for the arson offense.

(5) CRIMINAL BOMBER- The term ‘criminal bomber’--

(A) means an individual who is convicted of a bombing offense; and

(B) does not include a juvenile who is convicted of a bombing offense unless the juvenile was tried as an adult for the bombing offense.

(6) 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 the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119; 10Section 106(b)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 951 note)) or other criminal offense.

(7) EMPLOYEE- The term ‘employee’ includes an individual who is self-employed or works for any other entity, whether compensated or not.

(8) 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.

(9) FULL REGISTRATION PERIOD-

(A) IN GENERAL- The term ‘full registration period’ means the period--

(i) beginning on the later of--

(I) the date on which an individual is convicted of an arson offense or bombing offense;

(II) the date on which an individual is released from custody for conviction of an arson offense or bombing offense; or

(III) the date on which an individual is placed on parole, supervised release, or probation for an arson offense or bombing offense; and

(ii) ending--

(I) for an individual who has been convicted of an arson offense or bombing offense for the first time, 5 years after the date described in clause (i);

(II) for an individual who has been convicted of an arson offense or bombing offense for the second time, 10 years after the date described in clause (i); and

(III) for an individual who has been convicted of an arson offense or bombing offense more than twice, on the date on which the individual dies.

(B) EXCLUSION OF TIME IN CUSTODY- Any period during which an individual is in custody shall not be included in determining the end of the period under subparagraph (A).

(10) JURISDICTION- The term ‘jurisdiction’ means--

(A) a State;

(B) the District of Columbia;

(C) the Commonwealth of Puerto Rico;

(D) Guam;

(E) American Samoa;

(F) the Commonwealth of the Northern Mariana Islands;

(G) the Virgin Islands; and

(H) to the extent provided in and subject to the requirements of subsection (o), a federally recognized Indian tribe.

(11) LAW ENFORCEMENT OFFICER- The term ‘law enforcement officer’ has the meaning given that term in section 1204 of the Omnibus Crime Control and Safe Street22 note) is amended-- CommentsClose CommentsPermalink




(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively: and CommentsClose CommentsPermalink





(2) by inserting after subparagraph (A) the following: CommentsClose CommentsPermalink





‘(B) to assist the State in implementing the Managing Arson Through Criminal History (MATCH) Act of 1968 (42 U.S.C. 3796b).(12) RESIDES- The term ‘resides’ means the location of the home of an individual 2010;’. CommentsClose CommentsPermalink

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 place where an individual habitually lives.

(13) 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.