[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 927 Reported in Senate (RS)]





                                                       Calendar No. 332

105th CONGRESS

  2d Session

                               H. R. 927

_______________________________________________________________________

                                 AN ACT

 To amend title 28, United States Code, to provide for appointment of 
            United States marshals by the Attorney General.

_______________________________________________________________________

                             March 26, 1998

        Reported with an amendment and an amendment to the title
                                                       Calendar No. 332
105th CONGRESS
  2d Session
                                H. R. 927


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 1997

  Received; read twice and referred to the Committee on the Judiciary

                             March 26, 1998

 Reported by Mr. Hatch, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
 To amend title 28, United States Code, to provide for appointment of 
            United States marshals by the Attorney General.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``United States Marshals 
Service Improvement Act of 1997''.</DELETED>

<DELETED>SEC. 2. APPOINTMENTS OF MARSHALS.</DELETED>

<DELETED>    (a) In General.--Chapter 37 of title 28, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in section 561(c)--</DELETED>
                <DELETED>    (A) by striking ``The President shall 
                appoint, by and with the advice and consent of the 
                Senate,'' and inserting ``The Attorney General shall 
                appoint''; and</DELETED>
                <DELETED>    (B) by inserting ``United States marshals 
                shall be appointed subject to the provisions of title 5 
                governing appointments in the competitive civil 
                service, and shall be paid in accordance with the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of such title relating to classification and pay 
                rates.'' after the first sentence;</DELETED>
        <DELETED>    (2) by striking subsection (d) of section 
        561;</DELETED>
        <DELETED>    (3) by redesignating subsections (e), (f), (g), 
        (h), and (i) of section 561 as subsections (d), (e), (f), (g), 
        and (h), respectively; and</DELETED>
        <DELETED>    (4) by striking section 562.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of chapter 37 of title 28, United States Code, is amended by 
striking the item relating to section 562.</DELETED>

<DELETED>SEC. 3. TRANSITIONAL PROVISIONS; PRESIDENTIAL APPOINTMENT OF 
              CERTAIN UNITED STATES MARSHALS.</DELETED>

<DELETED>    (a) Incumbent Marshals.--Notwithstanding the amendments 
made by this Act, each marshal appointed under chapter 37 of title 28, 
United States Code, before the date of the enactment of this Act shall, 
unless that marshal resigns or is removed by the President, continue to 
perform the duties of that office until the expiration of that 
marshal's term and the appointment of a successor.</DELETED>
<DELETED>    (b) Vacancies After Enactment.--Notwithstanding the 
amendments made by this Act, with respect to the first vacancy which 
occurs in the office of United States marshal in any district, during 
the period beginning on the date of the enactment of this Act and 
ending on December 31, 1999, the President shall appoint, by and with 
the advice and consent of the Senate, a marshal to fill that vacancy 
for a term of 4 years. Any marshal appointed by the President under 
this subsection shall, unless that marshal resigns or is removed from 
office by the President, continue to perform the duties of that office 
after the end of the four-year term to which such marshal was appointed 
or until a successor is appointed.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Marshals Service 
Improvement Act of 1998''.

SEC. 2. QUALIFICATIONS FOR UNITED STATES MARSHALS.

    Section 561(c) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(c)'';
            (2) by striking ``Each United States'' and inserting the 
        following:
    ``(3) Each United States''; and
            (3) by inserting after paragraph (1), as so designated by 
        paragraph (1) of this section, the following:
    ``(2) Each individual appointed as a United States marshal shall--
            ``(A) be a citizen of the United States, or an individual 
        otherwise described in section 606 of Public Law 105-61 (111 
        Stat. 1309);
            ``(B) have successfully completed--
                    ``(i) a security background investigation conducted 
                by the Department of Justice;
                    ``(ii) a medical evaluation;
                    ``(iii) 1 or more drug tests, as determined by the 
                Director; and
                    ``(iv) a firearms proficiency test established for 
                criminal investigators of the Service;
            ``(C) hold a bachelor's degree; and
            ``(D) have not less than 10 years of professional law 
        enforcement experience, which shall--
                    ``(i) include not less than 5 years of law 
                enforcement management experience--
                            ``(I) in the Service or any other Federal 
                        law enforcement or corrections agency; or
                            ``(II) at a command level position in a 
                        State or local law enforcement or corrections 
                        agency, if the individual has completed a 
                        comprehensive course of study at the Federal 
                        Bureau of Investigation Academy, the Federal 
                        Law Enforcement Training Center, or a State or 
                        local law enforcement training center that is 
                        certified by the Director;
                    ``(ii) demonstrate experience with the 
                responsibilities of a United States marshal, such as 
                supervising arrest procedures, prisoner custody and 
                detention, criminal investigations, protection of the 
                judicial process, seizure of property, and 
                accountability for funds and disbursements; and
                    ``(iii) demonstrate knowledge of law enforcement 
                practices and personnel in the state or territory in 
                which the individual would serve as United States 
                marshal.''.

SEC. 3. STUDY BY THE GENERAL ACCOUNTING OFFICE.

    Not later than December 31, 1999, the Comptroller General of the 
United States shall--
            (1) conduct a study relating to the most effective process 
        for selecting individuals to serve United States marshals, 
        which shall include a review of a variety of processes and 
        potential processes for selecting those individuals, 
        including--
                    (A) the appointment process for United States 
                marshals in effect on the date on which the review is 
                conducted;
                    (B) a potential selection process conducted by a 
                selection board established by the Department of 
                Justice; and
                    (C) the potential conversion of the selection of 
                United States marshals to the civil service system; and
            (2) submit to the Committee on the Judiciary and the 
        Committee on Appropriations of the Senate, and the Committee on 
        the Judiciary and the Committee on Appropriations of the House 
        of Representatives, a report describing the results of the 
        study under paragraph (1).

SEC. 4. SENSE OF THE COMMITTEE.

    It is the sense of the Committee on the Judiciary of the Senate 
that, after reviewing the report submitted under section 3, the 
Committee shall consider the most effective process for selecting 
individuals to serve as United States marshals, giving strong 
consideration to the results described in that report.

SEC. 5. APPLICABILITY.

    The amendments made by this Act shall apply to any United States 
marshal first appointed on or after the date of enactment of this Act.
            Amend the title to read as follows: ``An Act to amend 
        section 561 of title 28, United States Code, to establish 
        certain qualifications for United States marshals, and for 
        other purposes.''.