“To amend title 28, United States Code, to transfer the United States Marshals Service to the judicial branch, and for other purposes.”
No CRS summary available for this bill.
This section transfers the United States Marshals Service from the Department of Justice in part II of title 28, United States Code, to the judicial branch in part III by redesignating chapter 37 as chapter 59 and relocating it after chapter 58. (As background, the Service executes federal arrests, provides court security and prisoner transport, protects witnesses and judges, and operates the Federal Witness Protection Program.) It establishes the Service as a bureau headed by a Director appointed by the Chief Justice of the United States, in consultation with a new supervisory Board composed of the Chief Justice, the Judicial Conference of the United States, and the Director (ex officio, nonvoting); authorizes the Board to remove the Director and set goals for Service operations; and requires the Chief Justice, in consultation with the Board, to appoint United States marshals for each judicial district to four-year terms (with holdover authority until a successor qualifies and vacancies filled for the remainder of the term). The section revises Service powers and duties as follows: (1) authorizes personal protection for federal jurists, court officers, witnesses, and other threatened persons where criminal intimidation impedes judicial or official proceedings; (2) conditions witness security and other assistance to the Attorney General on Director approval; and (3) adds a new section authorizing assistance to the Department of Justice, upon Attorney General request and Director approval, for fugitive investigations (domestic and international), administrative subpoenas solely for unregistered sex offenders, and locating missing children for state, local, and other federal agencies. It strikes certain existing provisions (e.g., prior marshal appointment and oath requirements), updates references from the Attorney General to the Chief Justice or Board, and makes conforming amendments to chapter tables of contents and related laws (e.g., Homeland Security Act provisions on federal protection roles).