Sponsors (45)
The bill moves the U.S. Marshals Service into a judicial-branch governance model to strengthen court protection, accountability, and federal investigative support, while raising separation-of-powers, interagency coordination, and civil-liberties risks.
Federal marshals and USMS staff gain clearer organizational authority and a Director/Board governance structure under the judicial branch, improving operational accountability and oversight of marshals' activities.
The USMS is explicitly authorized to provide personal protection for federal jurists, court officers, witnesses, and other threatened persons, strengthening safety for courts and participants and helping ensure uninterrupted judicial processes.
USMS may assist, at DOJ request and with Director approval, in locating missing children and investigating fugitive matters (domestic and foreign), expanding federal support to state and local law enforcement in high-priority cases.
Concentrating appointment and removal authority for the USMS in the judicial branch (Chief Justice/Board) reduces executive-branch control (President/Attorney General) over marshals and could create separation-of-powers friction and governance disputes.
Making the USMS a judicial-branch bureau could complicate coordination with DOJ-led federal law enforcement priorities, possibly delaying operational requests and reducing agility in multi-agency investigations.
Authorizing administrative subpoenas under 18 U.S.C. §3486 solely for unregistered sex-offender investigations risks civil liberties and privacy concerns if used broadly or without sufficient safeguards.
Based on analysis of 2 sections of legislative text.
Introduced May 23, 2025 by Eric Swalwell · Last progress May 23, 2025
Creates a United States Marshals Service (USMS) inside the judicial branch and reorganizes existing law to place marshals and the Service under judicial rather than Justice Department authority. It establishes a Chief Justice-appointed Director and a supervisory Board, revises appointment and vacancy rules for marshals, and changes which operations require Attorney General requests, Director approval, or Chief Justice/Board involvement. Also updates authorities for personal protection, fugitive investigations, limited administrative subpoena power for investigating unregistered sex offenders, and assistance locating missing children; and makes conforming edits to related statutes and federal cross-references.