II Calendar No. 247 112th CONGRESS 1st Session S. 671 IN THE SENATE OF THE UNITED STATES March 29, 2011 Mr. Sessions (for himself, Mr. Blumenthal, Mr. Hatch, Ms. Klobuchar, Mr. Grassley, Mr. Whitehouse, Mr. Cornyn, Mr. Kyl, Mr. Graham, Mr. Lee, Ms. Collins, Mr. Thune, Mr. Coburn, Mr. Burr, Mr. Chambliss, Mrs. Feinstein, Mr. Vitter, Mr. Ensign, Mr. Risch, Mr. Tester, Ms. Ayotte, and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on the Judiciary December 1, 2011 Reported by Mr. Leahy, with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To authorize the United States Marshals Service to issue administrative subpoenas in investigations relating to unregistered sex offenders.
1.
Short title
This Act may be cited as the Finding Fugitive Sex Offenders Act of 2011.
2.
Subpoena authority for the United States Marshals Service
Section 566(e)(1) of title 28, United States Code, is amended— (1)in subparagraph (A), by striking and at the end; (2)in subparagraph (B), by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (C)issue administrative subpoenas in accordance with section 3486 of title 18 solely for the purpose of investigating unregistered sex offenders (as that term is defined in section 3486 of title 18). .
3.
Conforming amendment to administrative subpoena statute
(a)
In general
Section 3486(a)(1) of title 18, United States Code, is amended— (1)in subparagraph (A)— (A)in clause (i)(II), by striking or at the end; (B)by redesignating clause (ii) as clause (iii); and (C)by inserting after clause (i) the following: (ii)an unregistered sex offender conducted by the United States Marshals Service, the Director of the United States Marshals Service; or ; and (2)by striking subparagraph (D) and inserting the following: (D)As used in this paragraph— (i)the term Federal offense involving the sexual exploitation or abuse of children means an offense under section 1201, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423, in which the victim is an individual who has not attained the age of 18 years; and (ii)the term sex offender means an individual required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.). . (b)
Technical and conforming amendments
Section 3486(a) of title 18, United States Code, is amended— (1)in paragraph (6)(A), by striking United State and inserting United States; (2)in paragraph (9), by striking or (1)(A)(ii) and inserting or (1)(A)(iii); and (3)in paragraph (10), by striking paragraph (1)(A)(ii) and inserting paragraph (1)(A)(iii).
1.
Short title
This Act may be cited as the Finding Fugitive Sex Offenders Act of 2011.
2.
Subpoena authority for the United States Marshals Service
Section 566(e)(1) of title 28, United States Code, is amended— (1)in subparagraph (A), by striking and at the end; (2)in subparagraph (B), by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (C)issue administrative subpoenas in accordance with section 3486 of title 18 solely for the purpose of investigating unregistered sex offenders (as that term is defined in section 3486 of title 18). .
3.
Conforming amendment to administrative subpoena statute
(a)
In general
Section 3486(a)(1) of title 18, United States Code, is amended— (1)in subparagraph (A)— (A)in clause (i)(II), by striking or at the end; (B)by redesignating clause (ii) as clause (iii); and (C)by inserting after clause (i) the following: (ii)an unregistered sex offender conducted by the United States Marshals Service, the Director of the United States Marshals Service; or ; and (2)by striking subparagraph (D) and inserting the following: (D)As used in this paragraph— (i)the term Federal offense involving the sexual exploitation or abuse of children means an offense under section 1201, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423, in which the victim is an individual who has not attained the age of 18 years; and (ii)the term sex offender means an individual required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.). . (b)
Technical and conforming amendments
Section 3486(a) of title 18, United States Code, is amended— (1)in paragraph (6)(A), by striking United State and inserting United States; (2)in paragraph (9), by striking or (1)(A)(ii) and inserting or (1)(A)(iii); and (3)in paragraph (10), by striking paragraph (1)(A)(ii) and inserting paragraph (1)(A)(iii).
4.
Report
Section 3486 of title 18, United States Code, is amended by inserting at the end the following: (f)
Reports
The Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual report containing— (1)the number of subpoenas issued by the United States Marshals pursuant to section 566(e)(1)(C) of title 28; (2)the crime being investigated pursuant to the issuance of each subpoena; and (3)the number of unregistered sex offenders arrested by the United States Marshals subsequent to the issuance of a subpoena pursuant to section 566(e)(1)(C) of title 28 and the information that led to each individual’s arrest. .
December 1, 2011 Reported with an amendment