MARSHALS Act

Bill Summary: HR 3607 – MARSHALS Act

Full Title: Maintaining Authority and Restoring Security to Halt the Abuse of Law Act

Session: 119th Congress

Jurisdiction: United States

Status: Introduced (Referred to the House Committee on the Judiciary)

Executive Overview

The MARSHALS Act (HR 3607) proposes a fundamental structural change to the United States Marshals Service (USMS). The primary intent of the bill is to move the USMS out of the Executive Branch (under the Department of Justice) and establish it as a bureau within the Judicial Branch of the United States. This shift would change who appoints the agency's leadership and who oversees its daily operations.

Key Provisions

1. Structural Reorganization

The bill shifts the USMS from the Executive branch to the Judicial branch. This is achieved by moving the relevant legal codes (Title 28) to a different part of the U.S. Code to reflect its new status as a judicial entity.

2. Changes to Leadership and Appointments

The bill fundamentally alters the appointment process for the agency's top officials:
* The Director: Instead of being appointed by the President, the Director of the USMS would be appointed by the Chief Justice of the United States, in consultation with a newly created Board.
* U.S. Marshals: The Chief Justice (in consultation with the Board) would appoint U.S. Marshals for each judicial district and the Superior Court of the District of Columbia.
* Term Limits: Marshals would be appointed for four-year terms.

3. Oversight and Governance

The bill establishes a supervisory Board to ensure the efficiency and effectiveness of the Service. The Board would consist of:
* The Chief Justice of the United States.
* The Judicial Conference of the United States.
* The Director of the USMS (serving as an ex officio, nonvoting member).

4. Revised Relationship with the Department of Justice (DOJ)

While the USMS would no longer be under the DOJ, it would still provide assistance to the Executive branch upon request. Specifically, at the request of the Attorney General and with the approval of the USMS Director, the Service may:
* Investigate fugitive matters domestically and internationally.
* Issue administrative subpoenas for the investigation of unregistered sex offenders.
* Assist state, local, and federal agencies in recovering missing children.

5. Protection Services

The bill maintains and clarifies the authority of the USMS to provide personal protection for federal jurists, court officers, witnesses, and other threatened persons where criminal intimidation threatens the judicial process.

Who is Affected?

• The U.S. Marshals Service: Every level of leadership, from the Director to district marshals, would see a change in their reporting structure and appointment process.
• The Judiciary: The Chief Justice and the Judicial Conference would assume significant new administrative and supervisory responsibilities.
• The Department of Justice: The Attorney General would lose direct command over the USMS, transitioning from a "director" to a "requester" of services.

Summary of Impact

If passed, the MARSHALS Act would decouple the primary law enforcement arm of the federal courts from the political leadership of the Executive Branch. By placing the USMS under the authority of the Chief Justice, the bill seeks to ensure that judicial security and the apprehension of fugitives are managed independently of the presidency.