U.S. Code » Title 28 » Part PART II— DEPARTMENT OF JUSTICE › Chapter CHAPTER 37— UNITED STATES MARSHALS SERVICE

28 U.S.C. § 561

United States Marshals Service

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(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) 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.(Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4512; amended Pub. L. 107–273, div. A, title III, § 301(b), Nov. 2, 2002, 116 Stat. 1781; Pub. L. 109–177, title V, § 505, Mar. 9, 2006, 120 Stat. 247.)Editorial NotesPrior Provisions

A prior section 561, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619; amended Pub. L. 95–530, § 2, Oct. 27, 1978, 92 Stat. 2028, related to appointment, term, and residence of United States marshals, prior to repeal by Pub. L. 100–690, § 7608(a)(1).

Amendments

2006—Subsec. (i). Pub. L. 109–177 added subsec. (i).

2002—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.”

Notes of Decisions
Cited in 58 cases (20 in the last 5 years), 1967–2026 · leading case: Johnson v. Gov't of the Dist. of Columbia, 734 F.3d 1194 (D.C. Cir. 2013).
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Johnson v. Gov't of the Dist. of Columbia, 734 F.3d 1194 (D.C. Cir. 2013). · cites it 11× “4181 , 4512–15 (1988) (codified at 28 U.S.C. §§ 561–569), two United States Marshals serve the District of Columbia.”
Johnson v. Gov't of the Dist. of Columbia, 584 F. Supp. 2d 83 (D.D.C. 2008). · cites it 8× “(codified at 28 U.S.C. § 561 (a)). At the same time, Congress created the totally-new position of the Superior Court Marshal.”
Pennsylvania Bureau of Corr. v. United States Marshals Serv., 474 U.S. 34 (1985). · cites it 2× “Because I believe that the District Court's order in this case was fully consistent with the historic relationship between the federal court and the federal marshal, I respectfully dissent.”
Richardson v. Johnson, 598 F.3d 734 (11th Cir. 2010). “Because the Marshals Service is part of the Department of Justice, 28 U.S.C. § 561 , it should have ready access to the necessary information.”
Matthew Chabal, Jr. v. Ronald Reagan, 841 F.2d 1216 (3rd Cir. 1988). · cites it 3× “28 U.S.C. § 561 (a). Chabal was appointed to the Middle District position in 1982.”
Logsdon v. United States Marshal Serv., 91 F.4th 1352 (10th Cir. 2024). “Moreover, the USMS is a bureau within the Department of Justice (DOJ), see 28 U.S.C. § 561 (a), and the DOJ Inspector General “may investigate allegations of criminal wrongdoing or administrative misconduct by an employee of the Department of Justice,” 5 U.”
Lyles v. Hughes, 83 F. Supp. 3d 315 (D.D.C. 2015). · cites it 3× “The USMS is a bureau within the United States Department of Justice, see 28 U.S.C. § 561 (a), and the United States Marshal for the Superior Court of the District of Columbia is appointed by the President of the United States and confirmed by the Senate, id.”
W. Foster Sellers v. United States of Am., 902 F.2d 598 (7th Cir. 1990). “Because the Marshals Service is part of the Department of Justice, 28 U.S.C. § 561 , it should have ready access to the necessary information.”
UNITED STATES of Am., Plaintiff-Appellee, v. Juan Ramon MATTA-BALLESTEROS, Defendant-Appellant, 71 F.3d 754 (9th Cir. 1995). “C. § 566 (e)(1). The marshals are given no authority to abduct wanted persons from a foreign country.”
United States v. J.C. Herbert Bryant, Jr., 117 F.3d 1464 (D.C. Cir. 1997). · cites it 3× “” 28 U.S.C. § 561 (f). 1 He has no statutory authority to appoint anyone other than a Marshals Service employee or official as an “officer” of any kind.”
Chabal v. Reagan, 822 F.2d 349 (3rd Cir. 1987). · cites it 4× “Facts In 1982, Chabal was appointed to a four-year term as the marshal for the Middle District of Pennsylvania pursuant to 28 U.S.C. § 561 . 1 On October 4,1985, prior to the expiration of his term, Chabal received a letter from defendant Robert Tuttle, Deputy Assistant to the…”
United States v. Victor Guy Johnson, 196 F.3d 1000 (9th Cir. 1999). · cites it 2× “28 U.S.C. § 561 (c). . 28 U.S.C. § 561 (g).”
Show all 58 citing cases →
— 28 U.S.C. § 561(b) — 1 case
Louis Harold Martin v. George Tobin, 451 F.2d 1335 (9th Cir. 1971).
— 28 U.S.C. § 561(f) — 1 case
United States v. Dyke Hoy, 137 F.3d 726 (2d Cir. 1998).
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