Section 1 Short title
This Act may be cited as the “Maintaining Authority and Restoring Security to Halt the Abuse of Law” or the “MARSHALS Act”.
Maintaining Authority and Restoring Security to Halt the Abuse of Law
A BILL
To amend title 28, United States Code, to transfer the United States Marshals Service to the judicial branch, and for other purposes.
Sec. 2 United States Marshals Service
Transfer— Title 28, United States Code, is amended—
by redesignating chapter 37 as chapter 59; and
by transferring chapter 59, as so redesignated, from part II to part III so as to appear after chapter 58.
Court officers and employees— Chapter 59, as redesignated by subsection (a), of title 28, United States Code, is amended—
in section 561—
by striking subsections (a) through (d) and inserting the following:
“(a) There is hereby established a United States Marshals Service as a bureau within the judicial branch of the United States. There shall be at the head of the United States Marshals Service (hereafter in this chapter referred to as the “Service”) a Director (hereafter in this chapter referred to as the “Director”) who shall be appointed by the Chief Justice, in consultation with the Board established under subsection (i) (hereafter in this chapter referred to as the “Board”). The Director may be removed by the Board.
“(b) The Chief Justice of the United States shall appoint, in consultation with the Board, a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia, except that any marshal appointed for the Northern Mariana Islands may at the same time serve as marshal in another judicial district. Each United States marshal shall be an official of the Service and shall serve under the direction of the Director.
“(c) Each marshal shall be appointed for a term of four years. A marshal shall, unless that marshal has resigned or been removed by the Chief Justice of the United States, in consultation with the Board, continue to perform the duties of that office after the end of that 4-year term until a successor is appointed and qualifies.”
by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; and
by adding at the end the following:
“(i)
“(1) The activities of the Director shall be supervised by a Board to be composed of—
“(A) the Chief Justice of the United States;
“(B) the Judicial Conference of the United States; and
“(C) the Director, who shall be an ex officio, nonvoting member.
“(2) The Board shall establish general goals and objectives covering the major functions and operations of the Service to improve the efficiency and effectiveness of the operations of the Service.”
in section 562, by striking subsections (a) and (b) and inserting the following:
“In the case of a vacancy in the office of a United States marshal, the Chief Justice of the United States, shall appoint a United States marshal to serve the remainder of the 4-year term.”
by striking section 564;
by redesignating sections 565 and 566 as sections 564 and 565, respectively;
in section 564, as so redesignated, by striking “Attorney General” and inserting “Chief Justice of the United States, in consultation with the Board”;
in section 565, as so redesignated—
by striking subsection (e) and inserting the following:
“(e) The United States Marshals Service is authorized to provide for the personal protection of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding.”
in subsection (h), by striking “directed by the Attorney General” and inserting “requested by the Attorney General, and approved by the Director”; and
in subsection (i), by striking the third sentence;
by inserting after section 565, as so redesignated, the following:
“566. Assistance in other law enforcement matters
“At the request of the Attorney General, and with the approval of the Director, the Service may assist the Department of Justice with the following tasks:
“(1) Investigating such fugitive matters, both within and outside the United States, as directed by the Attorney General.
“(2) Issuing administrative subpoenas in accordance with section 3486 of title 18, solely for the purpose of investigating unregistered sex offenders (as defined in section 3486).
“(3) Assisting State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children.”
in section 569(b), by striking “President” and inserting “Chief Justice, in consultation with the Board”.
Technical and conforming amendments—
The table of chapters for part III of title 28, United States Code, is amended by adding at the end the following:
The table of contents for chapter 59, as redesignated by subsection (a) of this section, is amended by read as follows:
Section 3002(16) of title 28, United States Code, is amended by striking “, a deputy” and all that follows through the period at the end and inserting “or a deputy marshal.”
Section 210G(k)(3)(C) of the Homeland Security Act of 2002 (6 U.S.C. 124n(k)(3)(C)(ii)) is amended—
in clause (ii), by striking subclause (I) and inserting the following:
“(I) personal protection operations by the Federal Bureau of Investigation as specified in section 533 of title 28, United States Code;”
in clause (iii)(III), by striking “and” at the end;
in clause (iv), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(v) missions authorized to be performed by the judicial branch, including personal protection operations by the United States Marshals Service of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice, as specified in section 565(e) of title 28, United States Code.”
Section 142(a) of the Sex Offender Registration and Notification Act (34 U.S.C. 20941(a)) is amended—
in the first sentence, by striking “including the United States Marshals Service” and inserting “including at the request of the Attorney General, and with the approval of the United States Marshals Service Director, the United States Marshals Service may assist the Department of Justice”; and
by striking the second sentence.