II 

Calendar No. 247 

112TH CONGRESS 

1ST SESSION S. 671 

To authorize the United States Marshals Service to issue administrative 

subpoenas in investigations relating to unregistered sex offenders. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Finding Fugitive Sex 

3 Offenders Act of 2011’’. 

4 SEC. 2. SUBPOENA AUTHORITY FOR THE UNITED STATES 

5 MARSHALS SERVICE. 

6 Section 566(e)(1) of title 28, United States Code, is 

7 amended— 

8 (1) in subparagraph (A), by striking ‘‘and’’ at 

9 the end; 

10 (2) in subparagraph (B), by striking the period 

11 at the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(C) issue administrative subpoenas in ac14 cordance with section 3486 of title 18 solely for 

15 the purpose of investigating unregistered sex of16 fenders (as that term is defined in section 3486 

17 of title 18).’’. 

18 SEC. 3. CONFORMING AMENDMENT TO ADMINISTRATIVE 

19 SUBPOENA STATUTE. 

20 (a) IN GENERAL.—Section 3486(a)(1) of title 18, 

21 United States Code, is amended— 

22 (1) in subparagraph (A)— 

23 (A) in clause (i)(II), by striking ‘‘or’’ at 

24 the end; 

25 (B) by redesignating clause (ii) as clause 

26 (iii); and 


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1 (C) by inserting after clause (i) the fol2 lowing: 

3 ‘‘(ii) an unregistered sex offender conducted by 

4 the United States Marshals Service, the Director of 

5 the United States Marshals Service; or’’; and 

6 (2) by striking subparagraph (D) and inserting 

7 the following: 

8 ‘‘(D) As used in this paragraph— 

9 ‘‘(i) the term ‘Federal offense involv10 ing the sexual exploitation or abuse of chil11 dren’ means an offense under section 

12 1201, 1591, 2241(c), 2242, 2243, 2251, 

13 2251A, 2252, 2252A, 2260, 2421, 2422, 

14 or 2423, in which the victim is an indi15 vidual who has not attained the age of 18 

16 years; and 

17 ‘‘(ii) the term ‘sex offender’ means an 

18 individual required to register under the 

19 Sex Offender Registration and Notification 

20 Act (42 U.S.C. 16901 et seq.).’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 Section 3486(a) of title 18, United States Code, is amend23 ed— 

24 (1) in paragraph (6)(A), by striking ‘‘United 

25 State’’ and inserting ‘‘United States’’; 


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1 (2) in paragraph (9), by striking ‘‘or (1)(A)(ii)’’ 

2 and inserting ‘‘or (1)(A)(iii)’’; and 

3 (3) in paragraph (10), by striking ‘‘paragraph 

4 (1)(A)(ii)’’ and inserting ‘‘paragraph (1)(A)(iii)’’. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Finding Fugitive Sex 

7 Offenders Act of 2011’’. 

8 SEC. 2. SUBPOENA AUTHORITY FOR THE UNITED STATES 

9 MARSHALS SERVICE. 

10 Section 566(e)(1) of title 28, United States Code, is 

11 amended— 

12 (1) in subparagraph (A), by striking ‘‘and’’ at 

13 the end; 

14 (2) in subparagraph (B), by striking the period 

15 at the end and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(C) issue administrative subpoenas in ac18 cordance with section 3486 of title 18 solely for 

19 the purpose of investigating unregistered sex of20 fenders (as that term is defined in section 3486 

21 of title 18).’’. 

22 SEC. 3. CONFORMING AMENDMENT TO ADMINISTRATIVE 

23 SUBPOENA STATUTE. 

24 (a) IN GENERAL.—Section 3486(a)(1) of title 18, 

25 United States Code, is amended— 


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1 (1) in subparagraph (A)— 

2 (A) in clause (i)(II), by striking ‘‘or’’ at the 

3 end; 

4 (B) by redesignating clause (ii) as clause 

5 (iii); and 

6 (C) by inserting after clause (i) the fol7 lowing: 

8 ‘‘(ii) an unregistered sex offender conducted by 

9 the United States Marshals Service, the Director of 

10 the United States Marshals Service; or’’; and 

11 (2) by striking subparagraph (D) and inserting 

12 the following: 

13 ‘‘(D) As used in this paragraph— 

14 ‘‘(i) the term ‘Federal offense involving 

15 the sexual exploitation or abuse of children’ 

16 means an offense under section 1201, 1591, 

17 2241(c), 2242, 2243, 2251, 2251A, 2252, 

18 2252A, 2260, 2421, 2422, or 2423, in which 

19 the victim is an individual who has not at20 tained the age of 18 years; and 

21 ‘‘(ii) the term ‘sex offender’ means an 

22 individual required to register under the 

23 Sex Offender Registration and Notification 

24 Act (42 U.S.C. 16901 et seq.).’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 Section 3486(a) of title 18, United States Code, is amend3 ed— 

4 (1) in paragraph (6)(A), by striking ‘‘United 

5 State’’ and inserting ‘‘United States’’; 

6 (2) in paragraph (9), by striking ‘‘or (1)(A)(ii)’’ 

7 and inserting ‘‘or (1)(A)(iii)’’; and 

8 (3) in paragraph (10), by striking ‘‘paragraph 

9 (1)(A)(ii)’’ and inserting ‘‘paragraph (1)(A)(iii)’’. 

10 SEC. 4. REPORT. 

11 Section 3486 of title 18, United States Code, is amend12 ed by inserting at the end the following: 

13 ‘‘(f) REPORTS.—The Attorney General shall submit to 

14 the Committee on the Judiciary of the Senate and the Com15 mittee on the Judiciary of the House of Representatives an 

16 annual report containing— 

17 ‘‘(1) the number of subpoenas issued by the 

18 United States Marshals pursuant to section 

19 566(e)(1)(C) of title 28; 

20 ‘‘(2) the crime being investigated pursuant to the 

21 issuance of each subpoena; and 

22 ‘‘(3) the number of unregistered sex offenders ar23 rested by the United States Marshals subsequent to 

24 the issuance of a subpoena pursuant to section 


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1 566(e)(1)(C) of title 28 and the information that led 

2 to each individual’s arrest.’’. 


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Calendar No. 247 

112TH CONGRESS 

1ST SESSION S. 671 

A BILL 

To authorize the United States Marshals Service to 

relating to unregistered sex offenders. issue administrative subpoenas in investigations 

DECEMBER 1, 2011 

Reported with an amendment 


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