28 U.S.C. § 564 — Powers as sheriff

Page 238 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 563 Editorial Notes PRIOR PROVISIONS A prior section 562, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619, related to appointment of deputy marshals and clerical assistants, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See section 561(f) of this title. § 563. Oath of office The Director and each United States marshal and law enforcement officer of the Service, be- fore taking office, shall take an oath or affirma- tion to faithfully execute the duties of that of- fice. (Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.) Editorial Notes PRIOR PROVISIONS A prior section 563, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619, specifically stated the oath of office to be taken, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See section 561(h) of this title. § 564. Powers as sheriff United States marshals, deputy marshals and such other officials of the Service as may be des- ignated 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. (Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.) Editorial Notes PRIOR PROVISIONS A prior section 564, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 619, related to bonds of United States marshals, prior to repeal by Pub. L. 92–310, title II, § 206(a)(1), June 6, 1972, 86 Stat. 203. § 565. Expenses of the Service The Director is authorized to use funds appro- priated for the Service to make payments for ex- penses incurred pursuant to personal services contracts and cooperative agreements, author- ized by the Attorney General, for security guards and for the service of summons on com- plaints, subpoenas, and notices in lieu of serv- ices by United States marshals and deputy mar- shals. (Added Pub. L. 100–690, title VII, § 7608(a)(1), Nov. 18, 1988, 102 Stat. 4513.) Editorial Notes PRIOR PROVISIONS A prior section 565, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 620, related to filling vacancies, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See section 562 of this title. § 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, the Court of International Trade, and the United States Tax Court, as provided by law. (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 discre- tion of the respective courts, be required to at- tend 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 mar- shal, 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 com- mitted 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; (B) investigate such fugitive matters, both within and outside the United States, as di- rected by the Attorney General; (C) issue administrative subpoenas in ac- cordance with section 3486 of title 18, solely for the purpose of investigating unregistered sex offenders (as defined in such section 3486); and (D) assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children. (2) Nothing in paragraph (1)(B) shall be con- strued to interfere with or supersede the author- ity of other Federal agencies or bureaus. (f) In accordance with procedures established by the Director, and except for public money de- posited under section 2041 of this title, each United States marshal shall deposit public mon- eys 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 re- moval 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 dep- uty marshal. (h) The United States marshals shall pay such office expenses of United States Attorneys as may be directed by the Attorney General.