[Congressional Record Volume 145, Number 158 (Wednesday, November 10, 1999)]
[House]
[Pages H11921-H11922]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         UNITED STATES MARSHALS SERVICE IMPROVEMENT ACT OF 1999

  Mr. BACHUS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2336) to amend title 28, United States Code, to provide for 
appointment of United States marshals by the Attorney General, as 
amended.
  The Clerk read as follows:

                               H.R. 2336

       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 1999''.

     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 subsections (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, 2001, 
     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.

     SEC. 4. REPORT BY THE ATTORNEY GENERAL.

       On or before January 31, 2003, the Attorney General shall 
     report to the Committees on the Judiciary of the House and 
     Senate the number of United States Marshals appointed under 
     section 561(c) of title 28, United States Code, as amended by 
     section 2 of this Act, as of December 31, 2002, who are 
     people of color or women.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alabama (Mr. Bachus) and the gentleman from Virginia (Mr. Scott) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Alabama (Mr. Bachus).


                             General Leave

  Mr. BACHUS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and to include extraneous material on H.R. 2336, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alabama?
  There was no objection.
  Mr. BACHUS. Mr. Speaker, I yield myself such time as I may consume.
  I am pleased to once again manage this bill on behalf of my friend 
and colleague, the gentleman from Florida (Mr. McCollum), who is the 
chief architect of this bill and legislation in previous Congresses, 
which was actually the same legislation. I want to recognize his 
important leadership on this issue.
  Mr. Speaker, the United States Marshals Service is the Nation's 
oldest Federal law enforcement agency. It is an agency of the 
Department of Justice. It is charged with many important and varied, 
and I stress that word varied, law enforcement responsibilities, 
including operating the witness security program, which is a very 
complex program, protecting the Federal judiciary, apprehending Federal 
fugitives, managing seized and forfeited assets in the Federal Court 
system, and transporting Federal prisoners between Federal prisons.
  Today, there are 94 U.S. marshals, one for each Federal judicial 
district. Each of these persons is presently appointed by the President 
with the advice and consent of the Senate. But, unfortunately, there is 
no criteria for the selection of marshals. In fact, no managerial or 
law enforcement experience is even required, and it is that managerial 
experience that has given us problems. It is an unfamiliarity with the 
witness security program that has given us problems. It is not being 
familiar with the Federal court system and the special procedures there 
that has given us problems.
  Unlike all other Marshals Service employees, each U.S. Marshal is 
exempt from the control or discipline of the director of the Marshals 
Service, 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 some marshals. A lack of law enforcement experience, and even 
more so the lack of experience in carrying out the specialized duties 
of the Marshals office and unfamiliarity among some appointed marshals 
with the mission of the Marshals Service, has led to a glut of middle 
managers who must assist the U.S. Marshal rather than actively pursue 
the work that the Deputy U.S. Marshals are supposed to do.
  Mr. Speaker, this bill will address those problems. It is the United 
States Marshals Service Improvement Act of 1999. It will 
professionalize the Marshals Service by amending the selection process 
for U.S. Marshals. Under this bill, all marshals would be selected by 
the Attorney General from persons who work in the Federal Civil Service 
System. The bill will help to ensure that only career Federal employees 
with law enforcement and, as I said, more importantly with managerial 
experience, will be appointed as U.S. Marshals. In fact, I expect that 
most, if not all, future marshals will come from the ranks of career 
marshal employees, people that have experience dealing with the day-to-
day intricacies of the Marshals Service.
  The changes put forth by this bill will go into effect January 1, 
2002. In the interim, all U.S. Marshals currently serving will continue 
to perform their duties until their terms expire, unless they resign or 
are removed by the President. And all marshal vacancies that must be 
filled between the date of the enactment of this legislation and 
December 31, 2001, will be filled as currently done, by presidential 
appointment, with the advice and consent of the Senate, for a 4-year 
term.
  The text of H.R. 2336 is identical to a bill introduced in the 105th 
Congress by the gentleman from Florida (Mr. McCollum), H.R. 927, the 
United States Marshals Service Improvement Act of 1997. That bill 
passed the House on the suspension calendar by a voice vote on March 
18, 1997. Unfortunately, the other body did not act on that bill, and 
so the gentleman from Florida (Mr. McCollum) reintroduced the 
legislation in this Congress, and that legislation is H.R. 2336.
  This legislation continues to enjoy strong bipartisan support, and I 
urge all my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.

[[Page H11922]]

  Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in support of the bill H.R. 2336.
  Mr. Speaker, the United States Marshals Service Improvement Act of 
1999 is the bill before us, and I want to thank the gentleman from 
Alabama for outlining the importance of the U.S. Marshals Service and 
the provisions in the bill.
  This bill will change the selection process of the United States 
Marshals from that of appointment by the President, with advice and 
consent of the Senate, to a merit system appointment by the Attorney 
General. It is expected this will bring about an improvement in the 
level of professionalism in the U.S. Marshals Service and provide more 
opportunities for advancement among the professional employees of the 
service.
  As the gentleman from Alabama mentioned, a similar bill passed the 
House last year but was not taken up by the Senate. That bill provided 
for the appointment of U.S. Marshals by the U.S. Marshal. Some Members 
voted against that bill and expressed the concern that such an 
appointment procedure might dilute the progress made in assuring 
diversity and excellence in qualifications among the U.S. Marshals. The 
requirement in H.R. 2336 for the appointment by the Attorney General 
should ensure a broader applicant pool and a greater visibility and 
accountability to minority and female hiring concerns.
  The bill, H.R. 2336, passed both the Subcommittee on Crime and the 
full Committee on the Judiciary by a unanimous vote. No opposition to 
the matter was expressed during committee consideration to the bill and 
I, therefore, urge my colleagues to support the bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BACHUS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this legislation would depoliticize the selection 
process, it would address problems of patronage in the present system, 
and, most importantly, it would allow us to appoint more experienced 
U.S. Marshals, marshals not only experienced in law enforcement but, 
more importantly, experienced in the complexities of the U.S. Marshals' 
job.

                              {time}  1815

  Mr. Speaker, I urge passage of the legislation.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question is on 
the motion offered by the gentleman from Alabama (Mr. Bachus) that the 
House suspend the rules and pass the bill, H.R. 2336, as amended.
  The question was taken.
  Mr. COLLINS. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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