MARSHALS Act
The MARSHALS Act would move the United States Marshals Service (USMS) from the executive branch to the judicial branch. It reconstitutes the USMS as a bureau under the judiciary, with a Director appointed by the Chief Justice and overseen by a Board that includes the Chief Justice and the Judicial Conference. USMS marshals would be appointed for four-year terms and serve under the Director’s direction. The bill also expands the USMS’s duties to include personal protection for federal jurists, court officers, witnesses, and other threatened persons, and adds a mechanism for the USMS to assist the Department of Justice (DOJ) in certain law-enforcement tasks (fugitive investigations, administrative subpoenas related to unregistered sex offenders, and locating missing children) upon request from the Attorney General and with the Director’s approval. In addition to reorganizing the USMS, the bill makes related conforming amendments to several statutes to reflect its new placement in the judicial branch and to adjust related authorities and procedures.
Key Points
- 1Transfer and restructuring
- 2- Redesignates and relocates the United States Marshals Service to be a bureau within the judicial branch, with a Director appointed by the Chief Justice and supervised by a Board (Chief Justice, Judicial Conference, and the Director as an ex officio nonvoting member).
- 3- The Board sets general goals for the Service; the Director answers to the Board.
- 4- Marshals are appointed for four-year terms; vacancies are filled to serve the remainder of the term.
- 5Expanded protective and enforcement authorities
- 6- USMS would be authorized to provide personal protection for federal jurists, court officers, witnesses, and other threatened persons when criminal intimidation disrupts judicial processes.
- 7- The bill creates a formal mechanism (Sec. 566) allowing the Service to assist DOJ with: fugitive investigations, administrative subpoenas for unregistered sex offenders (under 18 U.S.C. 3486), and locating missing children, subject to the Attorney General’s request and Director’s approval.
- 8Conforming statutory changes
- 9- Reorganizes related table of contents and cross-references to reflect USMS as part of the judiciary (e.g., “United States Marshals Service” is listed as a chapter in part III).
- 10- Changes certain references from “Attorney General” to “Chief Justice, in consultation with the Board” for related authorities and responsibilities.
- 11- Amends Homeland Security Act provisions to include judicial-branch missions for the USMS and adjusts language about protective operations and cross-branch cooperation.
- 12- Amends Sex Offender Registration and Notification Act to allow USMS involvement at the Attorney General’s request and with Director approval.
- 13Other technical provisions
- 14- Adjusts terminology (e.g., “deputy marshal” replaces some references to “deputy” in certain definitions).
- 15- Sets forth expenses, oaths, and administration for the Service within the judicial framework.
- 16- Replaces certain references to “President” with “Chief Justice” in relevant provisions.