§ 561. United States Marshals Service

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 title VII § 7608(a)(1) · 102 Stat. 4181

   Enacted · 28 U.S.C. § 561

   Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4512

   Source evidence

   Code source credit
   Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4512

   Enacted provision · exact public law section
   (1) In general.— Chapter 37 of title 28, United States Code, is amended by striking out section 561 and all that follows through section 571 and inserting in lieu thereof the following: “§ 561. United States Marshals Service “(a) There is hereby established a United States Marshals Service as a bureau within the Department of Justice under the authority and direction of the Attorney General. There shall be at the head of the United States Marshals Service (hereafter in this chapter referred to as the ‘Service’) a Director who shall be appointed by the President, by and with the advice and consent of the Senate. “(b) The Director of the United States Marshals Service (hereafter in this chapter referred to as the ‘Director’) shall, in addition to the powers and duties set forth in this chapter, exercise such other functions as may be delegated by the Attorney General. “(c) The President shall appoint, by and with the advice and consent of the Senate, 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. “(d) Each marshal shall be appointed for a term of four years. A marshal shall, unless that marshal has resigned or been removed by the President, continue to perform the duties of that office after the end of that 4-year term until a successor is appointed and qualifies. “(e) The Director shall designate places within a judicial district for the official station and offices of each marshal. Each marshal shall reside within the district for which such marshal is appointed, except that— “(1) the marshal for the District of Columbia, for the Superior Court of the District of Columbia, and for the Southern District of New York may reside within 20 miles of the district for which the marshal is appointed; and “(2) any marshal appointed for the Northern Mariana Islands who at the same time is serving as marshal in another district may reside in such other district. “(f) The Director is authorized to appoint and fix the compensation of such employees as are necessary to carry out the powers and duties of the Service and may designate such employees as law enforcement officers in accordance with such policies and procedures as the Director shall establish pursuant to the applicable provisions of title 5 and regulations issued thereunder. “(g) The Director shall supervise and direct the United States Marshals Service in the performance of its duties. “(h) The Director may administer oaths and may take affirmations of officials and employees of the Service, but shall not demand or accept any fee or compensation therefor. “(i) There are authorized to be appropriated such sums as may be Appropriation authorization. necessary to carry out the functions of the Service. “§ 562. Vacancies “(a) In the case of a vacancy in the office of a United States marshal, the Attorney General may designate a person to perform the functions of and act as marshal, except that the Attorney General may not designate to act as marshal any person who was appointed by the President to that office but with respect to such appointment the Senate has refused to give its advice and consent. “(b) A person designated by the Attorney General under subsection (a) may serve until the earliest of the following events: “(1) The entry into office of a United States marshal appointed by the President, pursuant to section 561(c). “(2) The expiration of the thirtieth day following the end of the next session of the Senate. “(3) If such designee of the Attorney General is appointed by the President pursuant to section 561(c), but the Senate refuses to give its advice and consent to the appointment, the expiration of the thirtieth day following such refusal. “§ 563. Oath of office “The Director and each United States marshal and law enforcement officer of the Service, before taking office, shall take an oath or affirmation to faithfully execute the duties of that office. “§ 564. Powers as sheriff “United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof. “§ 565. Expenses of the Service “The Director is authorized to use funds appropriated for the Service to make payments for expenses incurred pursuant to personal services contracts and cooperative agreements, authorized by the Attorney General, for security guard and for the service of summons on complaints, subpoenas, and notices in lieu of services by United States marshals and deputy marshals. “§ 566. Powers and duties “(a) It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals and the Court of International Trade. “(b) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court. “(c) Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties. “(d) Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony. “(e) (1) The United States Marshals Service is authorized to— “(A) 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; and “(B) investigate such fugitive matters, both within and outside the United States, as directed by the Attorney General. “(2) Nothing in paragraph (1)(B) shall be construed to interfere with or supersede the authority of other Federal agencies or bureaus. “(f) In accordance with procedures established by the Director, and except for public money deposited under section 2041 of this title, each United States marshal shall deposit public moneys that the marshal collects into the Treasury, subject to disbursement by the marshal. At the end of each accounting period, the earned part of public moneys accruing to the United States shall be deposited in the Treasury to the credit of the appropriate receipt accounts. “(g) Prior to resignation, retirement, or removal from office— “(1) a United States marshal shall deliver to the marshal’s successor all prisoners in his custody and all unserved process; and “(2) a deputy marshal shall deliver to the marshal all process in the custody of the deputy marshal. “(h) The United States marshals shall pay such office expenses of United States Attorneys as may be directed by the Attorney General.”.

2. 2002

   21st Century Department of Justice Appropriations Authorization Act

   Pub. L. 107–273 div. A title III § 301(b) · 116 Stat. 1758

   Struck · 28 U.S.C. § 561(i)

   Pub. L. 107–273 struck out subsec. (i) which read as follows: “There are authorized to be appropriated such sums as may be necessary to carry out the functions of the Service.”

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 107–273 struck out subsec. (i) which read as follows: “There are authorized to be appropriated such sums as may be necessary to carry out the functions of the Service.”

   Enacted provision · exact public law section
   (b) Open-Ended Authorization of Appropriations for United States Marshals Service.— Section 561 of title 28, United States Code, is amended by striking subsection (i).

3. 2006

   USA PATRIOT Improvement and Reauthorization Act of 2005

   Pub. L. 109–177 title V § 505 · 120 Stat. 192

   Added · 28 U.S.C. § 561(i)

   Pub. L. 109–177 added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 109–177 added subsec. (i).

   Enacted provision · exact public law section
   SEC. 505. QUALIFICATIONS OF UNITED STATES MARSHALS.   Section 561 of title 28, United States Code, is amended by adding at the end the following new subsection: “(i) Each marshal appointed under this section should have— “(1) a minimum of 4 years of command-level law enforcement management duties, including personnel, budget, and accountable property issues, in a police department, sheriff’s office or Federal law enforcement agency; “(2) experience in coordinating with other law enforcement agencies, particularly at the State and local level; “(3) college-level academic experience; and “(4) experience in or with county, State, and Federal court systems or experience with protection of court personnel, jurors, and witnesses.” .

3 of 3 references resolved to an enrolled provision