[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3607 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3607
To amend title 28, United States Code, to transfer the United States
Marshals Service to the judicial branch, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2025
Mr. Swalwell (for himself, Mr. Raskin, and Mr. Johnson of Georgia)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to transfer the United States
Marshals Service to the judicial branch, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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''.
SEC. 2. UNITED STATES MARSHALS SERVICE.
(a) Transfer.--Title 28, United States Code, is amended--
(1) by redesignating chapter 37 as chapter 59; and
(2) by transferring chapter 59, as so redesignated, from
part II to part III so as to appear after chapter 58.
(b) Court Officers and Employees.--Chapter 59, as redesignated by
subsection (a), of title 28, United States Code, is amended--
(1) in section 561--
(A) 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.'';
(B) by redesignating subsections (e) through (i) as
subsections (d) through (h), respectively; and
(C) 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.'';
(2) 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.'';
(3) by striking section 564;
(4) by redesignating sections 565 and 566 as sections 564
and 565, respectively;
(5) in section 564, as so redesignated, by striking
``Attorney General'' and inserting ``Chief Justice of the
United States, in consultation with the Board'';
(6) in section 565, as so redesignated--
(A) 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.'';
(B) in subsection (h), by striking ``directed by
the Attorney General'' and inserting ``requested by the
Attorney General, and approved by the Director''; and
(C) in subsection (i), by striking the third
sentence;
(7) by inserting after section 565, as so redesignated, the
following:
``Sec. 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.''; and
(8) in section 569(b), by striking ``President'' and
inserting ``Chief Justice, in consultation with the Board''.
(c) Technical and Conforming Amendments.--
(1) The table of chapters for part III of title 28, United
States Code, is amended by adding at the end the following:
``59. United States Marshals Service........................ 561''.
(2) The table of contents for chapter 59, as redesignated
by subsection (a) of this section, is amended by read as
follows:
``Sec.
``561. United States Marshals Service.
``562. Vacancies.
``563. Oath of office.
``564. Expenses of the Service.
``565. Powers and duties.
``566. Assistance in other law enforcement matters.
``567. Collection of fees; accounting.
``568. Practice of law prohibited.
``569. Reemployment rights.''.
(3) 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.''
(4) Section 210G(k)(3)(C) of the Homeland Security Act of
2002 (6 U.S.C. 124n(k)(3)(C)(ii)) is amended--
(A) 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;'';
(B) in clause (iii)(III), by striking ``and'' at
the end;
(C) in clause (iv), by striking the period at the
end and inserting ``; and''; and
(D) 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.''.
(5) Section 142(a) of the Sex Offender Registration and
Notification Act (34 U.S.C. 20941(a)) is amended--
(A) 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
(B) by striking the second sentence.
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