[Congressional Record Volume 143, Number 35 (Tuesday, March 18, 1997)]
[House]
[Pages H1052-H1053]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         UNITED STATES MARSHALS SERVICE IMPROVEMENT ACT OF 1997

  Mr. McCOLLUM. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 927) to amend title 28, United States Code, to provide for 
appointment of U.S. marshals by the Attorney General.
  The Clerk read as follows:

                                H.R. 927

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

     SECTION 1. SHORT TITLE.

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

[[Page H1053]]

     SEC. 2. APPOINTMENTS OF MARSHALS.

       (a) In General.--Chapter 37 of title 28, United States 
     Code, is amended--
       (1) in section 561(c)--
       (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
       (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;
       (2) by striking subsection (d) of section 561;
       (3) by redesignating subsections (e), (f), (g), (h), and 
     (i) of section 561 as subsection (d), (e), (f), (g), and (h), 
     respectively; and
       (4) by striking section 562.
       (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.

     SEC. 3. TRANSITIONAL PROVISIONS; PRESIDENTIAL APPOINTMENT OF 
                   CERTAIN UNITED STATES MARSHALS.

       (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.
       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida [Mr. McCollum] and the gentleman from Florida [Mr. Wexler] each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida [Mr. McCollum].
  (Mr. McCOLLUM asked and was given permission to revise and extend his 
remarks.)


                             General Leave

  Mr. McCollum. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks on the bill 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, founded in 1789, the United States Marshals Service is 
the Nation's oldest Federal law enforcement agency. The Marshals 
Service is charged with many significant and difficult law enforcement 
responsibilities, many of which the average citizen is not even aware. 
For example, it is the U.S. Marshals Service, not the FBI or other 
Federal agencies, which successfully runs the witness security program, 
a program more important now than ever in the battle against 
retaliatory gang murders.
  Since its inception in 1971, more than 6,600 witnesses, and this 
number does not include family members, have been protected and 
relocated by the Marshals Service under the witness security program. 
The Marshals Service is very proud of its record, Mr. Speaker, because 
they have never lost a Federal witness who remained in the program and 
followed the rules. Other critical Marshals Service duties include 
protection of the Federal judiciary, apprehension of Federal fugitives, 
management of seized and forfeited assets, and transportation of 
Federal prisoners.
  The U.S. Marshals Service and U.S. marshals are currently appointed 
by the President with the advice and consent of the Senate. There is no 
criteria for the selection of U.S. marshals; neither managerial nor law 
enforcement experience is necessary.
  H.R. 927, the United States Marshals Service Improvement Act, would 
change the selection process of the Nation's 94 U.S. marshals to 
appointment by the Attorney General. This bill would depoliticize the 
U.S. Marshals Service by requiring that U.S. marshals be selected on a 
competitive basis from among the career managers within the Marshals 
Service rather than being nominated by the administration and approved 
by the Senate.
  Under this legislation, incumbent U.S. marshals would continue to 
perform duties of their office until their terms expire, unless they 
resigned or were removed by the President. Marshals selected between 
the date of enactment of the bill on December 31, 1999 will also be 
appointed by the President with the advice and consent of the Senate 
and will serve for 4 years.
  Unlike all other Marshals Service employees, the presidentially 
appointed marshal is not subject to disciplinary actions, cannot be 
reassigned, and can only be removed by the President or upon 
appointment of a successor. This lack of accountability has resulted in 
numerous problems, including budgetary irresponsibility among 
individual marshals. Moreover, many U.S. marshals lack experience in 
Federal law enforcement. This inexperience, coupled with an 
unfamiliarity of the very demands of the Marshals Service necessitates 
a glut of middle managers to assist the U.S. marshals.
  Chief deputy U.S. marshals, the career managers within the Marshals 
Service, provide the requisite leadership in the offices. They in turn 
are assisted by supervisory deputy U.S. marshals.
  H.R. 927 would professionalize the Marshals Service by insuring that 
only knowledgeable career personnel would become marshals; thus there 
would no longer be a need for a surplus of middle managers and Federal 
dollars would be saved. In fact, the Congressional Budget Office 
estimates that once fully implemented, this bill would save 
approximately $3 million a year.

                              {time}  1445

  Mr. Speaker, I believe that H.R. 927 is a commonsense approach to 
professionalizing the U.S. Marshals Service. This identical bill was 
passed overwhelmingly in the 104th Congress by the U.S. House on May 1, 
1996.
  This legislation is a priority of the Federal Law Enforcement 
Officers Association and is supported by the Fraternal Order of Police. 
This bill is a small but important step in this committee's ongoing 
efforts to improve the administration of Federal law enforcement, and I 
urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WEXLER. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, the purpose of this bill is to make the post of the U.S. 
marshal a professional position rather than a political appointment. 
Currently, marshals are typically designated by the Senators of the 
respective States. Under this bill, they would instead be appointed by 
the Director of the Marshals Service.
  This bill was originally proposed by the President as part of his 
reinventing Government initiative. It is supported by the Federal Law 
Enforcement Officers Association because they believe it will improve 
the Marshals Service. I agree with them, and I urge support of this 
bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. McCOLLUM. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Camp). The question is on the motion 
offered by the gentleman from Florida [Mr. McCollum] that the House 
suspend the rules and pass the bill, H.R. 927.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________