[House Report 110-467]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-467
======================================================================
MANAGING ARSON THROUGH CRIMINAL HISTORY (MATCH) ACT OF 2007
_______
December 4, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 1759]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 1759) 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, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 8
Background and Need for the Legislation.......................... 8
Hearings......................................................... 9
Committee Consideration.......................................... 9
Committee Votes.................................................. 9
Committee Oversight Findings..................................... 9
New Budget Authority and Tax Expenditures........................ 9
Committee Cost Estimate.......................................... 9
Performance Goals and Objectives................................. 10
Constitutional Authority Statement............................... 10
Advisory on Earmarks............................................. 10
Section-by-Section Analysis...................................... 10
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Managing Arson Through Criminal
History (MATCH) Act of 2007''.
SEC. 2. ARSONIST 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
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.--
(1) In general.--A criminal arsonist shall register, and
shall keep the registration current, in each jurisdiction where
the arsonist resides, where the arsonist is an employee, and
where the arsonist is a student. For initial registration
purposes only, a criminal arsonist 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 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 is
not sentenced to a term of imprisonment.
(3) Keeping the registration current.--A criminal arsonist
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 arsonist in the arsonist
registry involved. That jurisdiction shall immediately provide
the revised information to all other jurisdictions in which the
arsonist 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 who was convicted of a criminal offense
involving arson 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 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 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 who are otherwise
unable to comply with paragraph (2).
(ii) Information required to be included in
registry.--With respect to each criminal
arsonist 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 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 arsonist
(including any alias used by the
arsonist).
(II) The Social Security number of
the arsonist.
(III) The most recent known address
of the residence at which the arsonist
has resided.
(IV) A physical description of the
arsonist.
(V) The text of the provision of
law defining the criminal offense
related to arson for which the arsonist
is convicted.
(VI) A set of fingerprints and palm
prints of the arsonist.
(VII) A photocopy of a valid
driver's license or identification card
issued to the arsonist 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 included in an arsonist
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 to comply with the requirements of this
section.
(6) Authority to exempt certain criminal arsonists from
registry requirements.--A jurisdiction shall have the authority
to exempt a criminal arsonist who has been convicted of the
offense of arson 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 such arsonist'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 such an arsonist from the registration requirements
under this section.
(c) Information Required in Registration.--
(1) Provided by the arsonist.--A criminal arsonist shall
provide the following information to the appropriate official
for inclusion in the arsonist registry of a jurisdiction in
which such arsonist is required to register:
(A) The name of the arsonist (including any alias
used by the arsonist).
(B) The Social Security number of the arsonist.
(C) The address of each residence at which the
arsonist resides or will reside.
(D) The name and address of any place where the
arsonist is an employee or will be an employee.
(E) The name and address of any place where the
arsonist is a student or will be a student.
(F) The license plate number and a description of
any vehicle owned or operated by the arsonist.
(G) Any other information required by the Attorney
General.
(2) Provided by the jurisdiction.--The jurisdiction in
which a criminal arsonist registers shall ensure that the
following information is included in the registry for such
arsonist:
(A) A physical description of the arsonist.
(B) The text of the provision of law defining the
criminal offense for which the arsonist is registered.
(C) The criminal history of the arsonist, 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 arsonist.
(D) A current photograph of the arsonist.
(E) A set of fingerprints and palm prints of the
arsonist.
(F) A photocopy of a valid driver's license or
identification card issued to the arsonist by a
jurisdiction.
(G) Any other information required by the Attorney
General.
(d) Duration of Registration Requirement; Expunging Registries of
Information for Certain Juvenile Criminal Arsonists.--
(1) Duration of registration requirement.--A criminal
arsonist shall keep the registration information provided under
subsection (c) current for the full registration period
(excluding any time the arsonist is in custody). For purposes
of this subsection, the full registration period--
(A) 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 arsonist is
placed on parole, supervised release, or probation for
such conviction; and
(B) shall be--
(i) five years for an arsonist who has been
convicted of such an offense for the first
time;
(ii) ten years for an arsonist who has been
convicted of such an offense for the second
time; and
(iii) for the life of the arsonist for an
arsonist who has been convicted of such an
offense more than twice.
(2) Expunging registries of information for certain
juvenile criminal arsonists.--
(A) In general.--In the case of a criminal arsonist
described in subparagraph (B), a jurisdiction shall
expunge the arson registry of such jurisdiction of
information related to such criminal arsonist 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 described in this
subparagraph is a criminal arsonist 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 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 required to
register under this section shall--
(1) appear in person at not less than one jurisdiction 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 Registration 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, immediately 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 in
a manner that the arsonist can understand in light of
the arsonist's native language, mental capability, and
age;
(B) ensure that the arsonist understands the
registration requirement, and if so, require the
arsonist to read and sign a form stating that the duty
to register has been explained and that the arsonist
understands the registration requirement;
(C) if the arsonist is unable to understand the
registration requirements, the official shall sign a
form stating that the arsonist is unable to understand
the registration requirements; and
(D) ensure that the arsonist is registered.
(2) Notification of criminal arsonists who cannot comply
with paragraph (1).--The Attorney General shall prescribe rules
to ensure the notification and registration of criminal
arsonists in accordance with paragraph (1) who cannot be
notified and registered at the time set forth in 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 law enforcement personnel
and fire safety officers located in the jurisdiction, 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
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.--Such information
about a criminal arsonist shall not be made available on the
Internet to the public.
(3) Mandatory exemptions.--A jurisdiction shall exempt from
disclosure, with respect to information about a criminal
arsonist--
(A) any information about the arsonist involving
conviction for an offense other than the offense or
offenses for which the arsonist is registered;
(B) any information about the arsonist if the
arsonist is participating in a witness protection
program and the release of such information could
jeopardize the safety of the arsonist or any other
individual; 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, with respect to information about a
criminal arsonist--
(A) the name of an employer of the arsonist; and
(B) the name of an educational institution where
the arsonist 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 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 Bureau of Alcohol, Tobacco, Firearms
and Explosives for each criminal arsonist. 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 Attorney General shall
establish and maintain a national arsonist Internet site. The Internet
site shall include relevant information for each criminal arsonist. The
Internet site shall allow law enforcement officers and fire safety
officers to obtain relevant information 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
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 pursuant to subsection (a),
immediately after a criminal arsonist 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 Arsonist 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.
Information about a criminal arsonist shall not be made available on
the Internet to the public.
(k) Actions to Be Taken When Criminal Arsonist Fails to Comply.--
Under an arsonist 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 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 jurisdictions, develop and
support software to enable jurisdictions to establish and
operate uniform arsonist 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 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).
(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 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.).
(2) State constitutionality.--
(A) In general.--When evaluating whether a
jurisdiction has substantially implemented 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 implementation of this section
and to reconcile any conflicts between this section and
the jurisdiction's constitution. In considering whether
compliance with the requirements of this section would
likely violate the jurisdiction's constitution or an
interpretation thereof by the jurisdiction's highest
court, the Attorney General shall consult with the
chief executive and chief legal officer of the
jurisdiction concerning the jurisdiction's
interpretation of the jurisdiction's constitution and
rulings thereon by the jurisdiction's highest court.
(C) Alternative procedures.--If a jurisdiction 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 jurisdiction has made, or is in the process of
implementing, reasonable alternative procedures or
accommodations, 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 implement this section or may be reallocated to a
jurisdiction 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 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 enactment of the
tribal council or comparable governmental 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 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 authorities and other
jurisdictions.--
(A) Nonduplication.--A tribe subject to this
subtitle is not required to duplicate functions under
this subtitle 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
subtitle with respect to arsonists subject 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 subject to
the tribe's jurisdiction.
(3) Law enforcement authority in indian country.--
Enforcement of this Act 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.
(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 conduct under this section.
(q) 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 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 establish and implement
a Criminal Arsonist Management Assistance program (in this section
referred to as the ``Assistance Program''), under which the Attorney
General shall award a grant to a jurisdiction to offset the costs of
implementing section 2.
(b) Application.--The chief executive of a jurisdiction 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 jurisdiction
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
fiscal year.
(2) In the case of a determination that the jurisdiction
has substantially 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 date that is two years after such
date of enactment, 5 percent of such total.
(d) 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 only for the
Assistance Program, 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 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) 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 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.
(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 capacity
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.
(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 individual's home or other
place where the individual habitually 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.
Purpose and Summary
H.R. 1759, the ``Managing Arson Through Criminal History
(MATCH) Act of 2007,'' requires jurisdictions to establish and
maintain jurisdiction-wide arsonist registries and make such
registries available on the Internet to other law enforcement
agencies. The bill requires criminal arsonists to register in
each jurisdiction in which such arsonists reside, are employed,
or are students. In addition, H.R. 1759 requires the Attorney
General to maintain a national database, incorporating the
various jurisdiction databases, at the Bureau of Alcohol,
Tobacco, Firearms, and Explosives to be known as the National
Arsonist Registry.
Background and Need for the Legislation
According to the United States Fire Administration, arson
is the leading cause of fire in the United States. It annually
results in more than 2,000 injuries, 400 deaths, and $1.4
billion in property damages.\1\ Arson is also one of the most
difficult crimes to prosecute, with only 16% of intentionally
set fires resulting in an arrest and only 2% resulting in a
conviction.\2\ Although arson causes significant losses in
lives and property each year, there is no national registry
requiring convicted arsonists to notify law enforcement of
their residence, place of employment, or other information that
would aid law enforcement in identifying offenders with a
demonstrated disposition for committing arson offenses.
---------------------------------------------------------------------------
\1\U.S. Fire Administration Topical Fire Research Series, Arson in
the United States, vol. 1, issue 8 (Jan 2001).
\2\Federal Bureau of Investigation, Crime in the United States
2002: Crime Index Offenses Reported--Arson, at http://www.fbi.gov/ucr/
cius_02/html/web/offreported/offreported.html.
---------------------------------------------------------------------------
To aid law enforcement in identifying criminal activity
related to arson, H.R. 1759, the ``Managing Arson Through
Criminal History (MATCH) Act of 2007,'' establishes the
National Arson Registry, a comprehensive nationwide network of
registry databases developed by the Attorney General for
tracking convicted arsonists. H.R. 1759 requires jurisdictions
to create arson registries, and requires convicted arsonists to
register in each jurisdiction in which he or she resides, is an
employee, or is a student at an educational institution. The
Bureau of Alcohol, Tobacco, Firearms, and Explosives is
required to coordinate the various databases through the
National Arson Registry and make the information available to
law enforcement agencies.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 1 day of hearings on November 6, 2007.
Testimony was received from Representative Mary Bono (R-CA),
the bill's sponsor; Representative Adam Schiff (D-CA); Fire
Chief Tracy Pansini of the Burbank Fire Department, Burbank,
California; and Fire Chief William M. Soqui of the Cathedral
City Fire Department, Cathedral City, California.
Committee Consideration
On November 6, 2007, the Subcommittee on Crime, Terrorism,
and Homeland Security met in open session and ordered the bill,
H.R.1759, favorably reported by voice vote without amendment, a
quorum being present. On November 7, 2007, the Committee met in
open session and ordered the bill, H.R. 1759, favorably
reported with an amendment by voice vote, a quorum being
present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 1759.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Committee Cost Estimate
The Congressional Budget Office (CBO) estimate of the costs
of implementing H.R. 1759 as reported by the Committee on the
Judiciary was not available as of the time of filing this
report. When the Congressional Budget Office letter setting
forth its official cost estimate becomes available, it will be
printed in the Congressional Record. In compliance with clause
3(d)(2) of rule XIII of the Rules of the House of
Representatives, the Committee estimates the costs as follows:
COST TO THE FEDERAL GOVERNMENT
The Committee does not anticipate that the bill will have
any significant effect on the Federal budget, or on the budgets
of State, Territorial, or Tribal governments. The bill requires
States, Territories, and Indian Tribes to establish and
maintain registries of convicted arsonists, and also requires
the Federal Government to establish and maintain a national
registry. The States, Territories, and Tribes are eligible to
apply for Federal grants to cover costs of implementing the
registries. Based on preliminary consultations with CBO, the
Committee believes that the costs to the Federal Government,
whether from establishing the national registry or from
reimbursing States, Territories, and Tribes for establishing
their own registries, will be insignificant. Nor, based on
those consultations, does the Committee believe the bill will
have any significant effect on direct Federal spending or
receipts.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
goal of H.R. 1759 is to help arson investigators develop
investigative leads to help solve arson crimes.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article I, Section 8 of the Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1759 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``Managing Arson Through Criminal History
(MATCH) Act of 2007.''
Sec. 2. Arsonist Registration and Notification Program.
Section 2 establishes the registry requirements for
jurisdictions and arsonists. Jurisdictions must establish and
maintain a registry in accordance with guidelines and
requirements issued by the Attorney General.
Arsonists must initially register with the jurisdiction
where the arsonist resides, is employed, or is a student, and
for initial registration where the arsonist's arson conviction
was issued if different from the any of the former three areas.
Arsonists must initially register before completing a sentence
for arson or, if not sentenced to imprisonment, within ten
business days after being sentenced for an arson offense. They
must keep their portion of the registry current by entering
pertinent information about changes in address, employment, and
student status within ten business days of the change, and
jurisdictions must provide a criminal penalty for failure to
comply. Jurisdictions have the authority to exempt certain
arsonists from registry requirements if it is the arsonist's
first arson offense and the arsonist has provided substantial
assistance with the investigation.
Pursuant to section 2, an arsonist must provide his or her
name (including any aliases), Social Security number, all
residence addresses, name and address of the arsonist's
employer, name and address of the school he or she is
attending, license plate numbers of any vehicles owned or
operated by the arsonist, and any other information required by
the Attorney General. This section also requires the
jurisdiction to include a physical description of the arsonist;
the text of the law the arsonist violated; the arsonist's
criminal history, current photograph, and fingerprints; a copy
of the arsonist's driver's license; and any other information
deemed pertinent by the Attorney General.
In addition, section 2 specifies that an arsonist must keep
the information current for the required registry period, which
is 5 years for a first arson offense, 10 years for a second
arson offense, and for life if convicted of more than two arson
offenses. Arsonists must verify the data annually, and
jurisdictions are required to notify them of the requirements.
This section also mandates the establishment of the
National Criminal Arsonist Registry, which is to be developed
by the Attorney General. To that end, the Attorney General must
develop and support software so the registry can employ the
various jurisdictions' registries in the National Registry. The
registry must be maintained by the Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
Section 2 further provides that jurisdictions must develop
and employ their registries within 3 years of enactment of this
legislation, although the Attorney General may grant extensions
in certain circumstances. Failure to comply will result in a
10-percent reduction in the funds the jurisdiction would
otherwise receive for that fiscal year under subpart 1 of part
E of title I of the Omnibus Crime Control and Safe Streets Act
of 1968, 42 U.S.C. Sec. Sec. 3750 et seq. The Attorney General
may exempt a jurisdiction if compliance raises
constitutionality issues for the jurisdiction, and may grant
extensions for a jurisdiction's good faith attempts to comply.
Sec. 3. Criminal Arsonist Management Assistance Program.
Section 3 requires the Attorney General to establish the
Criminal Arsonist Management Assistance Program to help
jurisdictions offset the cost of implementing section 2.
Sec. 4. Definitions. Section 4 defines various terms.
First, it defines a ``criminal arsonist'' as an individual who
is convicted of any criminal offense for committing arson in
violation of the laws of the jurisdiction in which such offense
was committed or of the United States. The term does not
include a juvenile offender unless tried and convicted as an
adult.
Second, it defines ``arsonist registry'' as a registry of
criminal arsonists, and a notification program, maintained by a
jurisdiction. Third, it defines ``criminal offense'' as a
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.
Fourth, it defines ``employee'' as an individual who is
self-employed or who works for any other entity, whether
compensated or not.
Fifth, it defines ``fire safety officer'' as: (1) 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 (2) 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 the bill.
The term ``jurisdiction'' is defined to be any of the
following: a State; the District of Columbia; the Commonwealth
of Puerto Rico; Guam; American Samoa; the Northern Mariana
Islands; or the United States Virgin Islands. In addition, the
term includes a federally recognized Indian tribe to the extent
subject to the requirements of section 2(o).
Section 4 defines the term ``law enforcement officer'' as
having the meaning given such term in section 1204 of the
Omnibus Crime Control and Safe Street Act of 1968, 42 U.S.C.
3796b. With respect to an individual, the term ``resides'' is
defined in reference to the location of the individual's home
or other place where the individual habitually lives.
Finally, section 4 defines the term ``student'' to mean an
individual who enrolls in or attends an educational institution
(whether public or private), including a secondary school,
trade or professional school, or institution of higher
education.