S 1873119th CongressIn Committee

MARSHALS Act

Introduced: May 22, 2025

Civil Rights & Justice

Standard Summary

Comprehensive overview in 1-2 paragraphs

The MARSHALS Act would move the United States Marshals Service (USMS) from the executive branch into the judicial branch of government. It redesignates and relocates USMS as a bureau within the judiciary, with a new leadership and governance structure: a Director appointed by the Chief Justice (in consultation with a Board) and a Board consisting of the Chief Justice, the Judicial Conference of the United States, and the Director (who would be an ex officio, nonvoting member). United States marshals would be appointed by the Chief Justice for four-year terms and would serve under the Director’s direction. The bill also expands and clarifies certain duties, notably authorizing the USMS to provide personal protection for federal jurists, court officers, witnesses, and other threatened persons, and creates additional cooperative enforcement authorities (e.g., assisting the Department of Justice with fugitive matters, issuing certain administrative subpoenas, and helping locate missing children) at the Attorney General’s request and with the Director’s approval. A series of conforming amendments would accompany the transfer to implement the shift and align related statutes with the new structure. In addition to the structural transfer, the bill specifies adjustments to funding, appointments, and interbranch cooperation, and it adjusts several related statutes (including Homeland Security Act and the Sex Offender Registration and Notification Act) to reflect USMS’s new judicial-branch status and responsibilities.

Key Points

1Structural transfer and governance
2- Transfers the United States Marshals Service to be a bureau within the judicial branch, redesignating and repositioning its chapter in Title 28.
3- Establishes a Director of the USMS appointed by the Chief Justice, in consultation with a Board composed of the Chief Justice, the Judicial Conference, and the Director (the Director would be an ex officio, nonvoting member).
4- Creates a Board to supervise the Director and set general goals for the Service; marshals are appointed by the Chief Justice for four-year terms and serve until a successor is appointed if not yet replaced.
5Expanded duties and enforcement functions
6- Adds authority for the USMS to provide personal protection for federal jurists, court officers, witnesses, and other threatened persons in situations where there is criminal intimidation or other threats to the judicial process.
7- Creates an additional authority (Section 566) to assist the Department of Justice with: (1) fugitive investigations (domestic and international) as directed by the Attorney General, (2) issuing admin subpoenas for investigating unregistered sex offenders (per 18 U.S.C. § 3486), and (3) locating and recovering missing children in coordination with other agencies.
8Interbranch cooperation and statutory changes
9- Requires the Attorney General to request USMS assistance (with approval of the Director) for certain law enforcement tasks, reflecting the Service’s new status within the judiciary.
10- Makes conforming amendments to various statutes, including reorganization of the USMS within Title 28, changes to vacancies and oaths, and adjustments to how funds and personnel are handled.
11- Amends related provisions in the Homeland Security Act to recognize missions performed by the judicial branch (including USMS personal protection operations) and updates related cross-references (e.g., to ensure USMS activities are treated as judicial-branch missions).
12Employment and oversight adjustments
13- Replaces references to the Attorney General with the Chief Justice (in consultation with the Board) for certain appointments and responsibilities, aligning oversight with the new judicial-branch status.
14- Maintains or adjusts reemployment rights for personnel affected by the transfer.

Impact Areas

Primary group/area affected- United States Marshals Service personnel and leadership (now a federal judiciary bureau), federal jurists, court officers, witnesses, and other threatened persons who rely on federal protection and security services.- The federal judiciary, which would gain a centralized security and protective-services capability integrated into the court system.Secondary group/area affected- Department of Justice and DOJ personnel who would request USMS assistance for fugitive matters, sex-offender investigations, and missing-child operations.- State and local law enforcement agencies that may collaborate with USMS under the new framework.- Individuals subject to protection or investigative activities (e.g., witnesses, jurists, and missing-children cases).Additional impacts- Budgeting and funding: USMS would be funded and overseen within the judicial branch, potentially changing budgeting processes and oversight compared to the current executive-branch structure.- Accountability and governance: A new Board and Director system shifts accountability to the Chief Justice and the Judicial Conference, potentially affecting how operations are directed and measured.- Transitional dynamics: Reorganization of chapters and sections (e.g., moving Chapter 37 to Chapter 59, changes to multiple statutory provisions) would require administrative and operational transitions, including personnel realignments and policy updates.- Interbranch cooperation: Expanded procedural pathways for DOJ requests and cross-branch enforcement activities may alter how federal security and protective missions are coordinated with other agencies.

Generated by gpt-5-nano on Oct 7, 2025