§ 566. — Powers and duties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC566]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 37--UNITED STATES MARSHALS SERVICE
Sec. 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.
(Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988, 102
Stat. 4514.)
Prior Provisions
A prior section 566, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966,
80 Stat. 620; amended Pub. L. 92-310, title II, Sec. 206(b), June 6,
1972, 86 Stat. 203, provided that upon death of a marshal his deputy or
deputies perform his duties until a successor is appointed and
qualifies, prior to repeal by Pub. L. 100-690, Sec. 7608(a)(1).
Fugitive Apprehension Task Forces
Pub. L. 106-544, Sec. 6, Dec. 19, 2000, 114 Stat. 2718, provided
that:
``(a) In General.--The Attorney General shall, upon consultation
with appropriate Department of Justice and Department of the Treasury
law enforcement components, establish permanent Fugitive Apprehension
Task Forces consisting of Federal, State, and local law enforcement
authorities in designated regions of the United States, to be directed
and coordinated by the United States Marshals Service, for the purpose
of locating and apprehending fugitives.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General for the United States Marshals
Service to carry out the provisions of this section $30,000,000 for the
fiscal year 2001, $5,000,000 for fiscal year 2002, and $5,000,000 for
fiscal year 2003.
``(c) Other Existing Applicable Law.--Nothing in this section shall
be construed to limit any existing authority under any other provision
of Federal or State law for law enforcement agencies to locate or
apprehend fugitives through task forces or any other means.''
