119-hr3607

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3607 Introduced in House

    (IH) ]

<DOC>

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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