MARSHALS Act
- house
MARSHALS Act
Updated 21 hours ago
Last progress May 23, 2025 (8 months ago)
Moves the United States Marshals Service (USMS) out of the Department of Justice and places it under the judicial branch, changes who appoints and supervises its leaders, and creates a new oversight Board to manage the Service’s Director and policies. It revises how U.S. marshals are appointed and their terms, transfers certain authorities from the Attorney General to the Chief Justice (with Board consultation), adds an explicit list of law‑enforcement tasks USMS may perform at the Attorney General’s request and the Director’s approval, and updates other statutes for consistency.
Redesignate chapter 37 of Title 28 as chapter 59 and transfer that chapter from part II to part III of Title 28 so it appears after chapter 58.
Establish a United States Marshals Service as a bureau within the judicial branch and create the office of Director of the Service.
Require the Director to be appointed by the Chief Justice of the United States in consultation with the Board; the Director may be removed by the Board.
Require the Chief Justice, in consultation with the Board, to appoint a United States marshal for each judicial district and the Superior Court of the District of Columbia (with an exception allowing a marshal for the Northern Mariana Islands to serve in another district). Marshals serve under the direction of the Director.
Set marshal appointment terms at four years and require a marshal to continue performing duties after the term ends until a successor is appointed and qualifies, unless resigned or removed by the Chief Justice (in consultation with the Board).
Primary effects are institutional and operational. USMS personnel and leadership will face a new chain of command, reporting to a Board and judicial officers rather than solely to the Attorney General; this changes administrative control, personnel supervision, and potentially internal discipline and policy setting. Department of Justice components that have previously directed or coordinated USMS activity will need revised protocols for requesting USMS actions and for consultation. Federal courts and judicial administration gain oversight responsibilities and new roles in managing USMS leadership and policy. Day‑to‑day operational law enforcement activities may continue under DOJ requests and Director approval, but coordination, authorization pathways, and legal accountability will change, requiring updates to memoranda of understanding, training, funding flows, and statutory references. There may be legal and constitutional questions about separation of powers, oversight, and accountability that could require litigation or additional legislative/administrative clarification. No explicit new funding or direct mandates on state/local governments are included in the text provided, though operational transitions could impose administrative burdens on federal components.
Read twice and referred to the Committee on the Judiciary.
Last progress May 22, 2025 (8 months ago)
Introduced on May 22, 2025 by Cory Anthony Booker