§ 561. — United States Marshals Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC561]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 37--UNITED STATES MARSHALS SERVICE
Sec. 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.
(Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988, 102
Stat. 4512; amended Pub. L. 107-273, div. A, title III, Sec. 301(b),
Nov. 2, 2002, 116 Stat. 1781.)
Prior Provisions
A prior section 561, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966,
80 Stat. 619; amended Pub. L. 95-530, Sec. 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, Sec. 7608(a)(1).
Amendments
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.''
Section Referred to in Other Sections
This section is referred to in section 562 of this title.
