[House Report 104-541]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-541
_______________________________________________________________________


 
         UNITED STATES MARSHALS SERVICE IMPROVEMENT ACT OF 1996
                                _______


 April 29, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2641]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2641) to amend title 28, United States Code, to 
provide for appointment of United States marshals by the 
Director of the United States Marshals Service, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
    The amendments are as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Marshals Service 
Improvement Act of 1996''.

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, 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 until a 
successor is appointed.

  Amend the title so as to read:

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

                          Purpose and Summary

    Under current law, U.S. marshals are appointed by the 
President, by and with the advice and consent of the Senate. In 
some instances, these appointed marshals lack the law 
enforcement experience and qualifications necessary for 
discharging the sensitive and varied demands of the position of 
U.S. marshal. There has never been any criteria mandated for 
the selection of a United States marshal.
    H.R. 2641, the ``United States Marshals Service Improvement 
Act of 1996,'' will change the selection process of United 
States marshals from that of appointment by the President with 
the advice and consent of the Senate, to appointment by the 
Attorney General. United States marshals will be selected on a 
competitive basis among career managers within the Marshals 
Service, rather than being nominated by members of the United 
States Senate.
    Incumbent U.S. marshals, selected before enactment of H.R. 
2641, will continue to perform the duties of their office until 
their terms expire and successors are appointed. Marshals 
selected between the enactment of this bill and the year 2000 
will be appointed by the President, with the advice and consent 
of the Senate, and serve a four year term.

                Background and Need for the Legislation

    Currently, there is no criteria for the selection of United 
States marshals. Past marshals include a phone company 
employee, a children's television show host, a coroner and a 
pig farmer. The lack of professional standards for the position 
of U.S. marshal allows persons with backgrounds similar to 
those above to continue to be appointed as marshals.
    Once appointed, a U.S. marshal is not subject to 
disciplinary action, short of removal by the President. A U.S. 
marshal is not accountable to the Director of the Marshals 
Service, and cannot be demoted or suspended. Under H.R. 2641, 
career marshals will be subjected to the same disciplinary 
actions as the employees that they supervise. An ineffectual 
U.S. marshal could be transferred or demoted, and the Director 
will finally have control over the entire United States 
Marshals Service.
    The lack of experience in law enforcement of many U.S. 
marshals also necessitates the position of Chief Deputy U.S. 
marshal (CDUSM). As the Marshals Service is currently 
organized, these Chief Deputy marshals are essential because 
they provide the requisite leadership in the district offices. 
In turn, these Chief Deputy marshals have Supervisory Deputy 
U.S. Marshals (SDUSM) to assist them with every day activities.
    The ratio of employees to managers in the U.S. Marshals 
Service nationwide is four to one--the highest ratio in federal 
law enforcement. H.R. 2641 would professionalize the office of 
U.S. marshal by ensuring that only knowledgeable career 
managers could be considered for the position. Thus, there 
would no longer be a need for the surplus of middle managers 
who support the presently unprepared U.S. marshals.
    H.R. 2641 is supported by the Justice Department and by the 
current, and several former, directors of the United States 
Marshals Service.

                                Hearings

    The Committee's Subcommittee on Crime held one day of 
hearings on H.R. 2641 on March 7, 1996. Testimony was received 
from one witness, Mr. Kevin V. DiGregory, Deputy Assistant 
Attorney General, representing the Department of Justice. 
Additional material was submitted by the Federal Law 
Enforcement Officers Association.

                        Committee Consideration

    On March 21, 1996, the Subcommittee on Crime met in open 
session and ordered reported the bill H.R. 2641, as amended, by 
voice vote, a quorum being present. On April 24, 1996, the Full 
Committee met in open session and ordered reported the bill 
H.R. 2641 with an amendment by voice vote, a quorum being 
present.

                         Vote of the Committee

    There were no recorded votes.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(C)(3) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 2641, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 26, 1996.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2641, the U.S. 
Marshals Service Improvement Act of 1996.
    Enacting H.R. 2641 would not affect direct spending and 
receipts. Therefore, pay-as-you-go procedures would not apply 
to this bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: H.R. 2641.
    2. Bill title: U.S. Marshals Service Improvement Act of 
1996.
    3. Bill status: As ordered reported by the House Committee 
on the Judiciary on April 24, 1996.
    4. Bill purpose: Enacting H.R. 2641 would enable the 
Attorney General to appoint U.S. Marshals to the Marshals 
Service beginning on January 1, 2000. Under current law, U.S. 
Marshals are appointed by the President with the advice and 
consent of the Senate. This bill also would require that 
compensation for all U.S. Marshal positions be consistent with 
the general schedule pay rates.
    5. Estimated cost to the Federal Government: Enacting H.R. 
2641 would allow for reduced appropriations for salaries and 
benefits of the U.S. Marshals Service. CBO estimates that 
savings would total about $1 million in fiscal year 2001, about 
$2 million in fiscal year 2002, and about $3 million a year 
thereafter. For fiscal year 1996, the U.S. Marshals Service 
received total appropriations of $448 million.

----------------------------------------------------------------------------------------------------------------
                                                              1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
Changes in spending subject to appropriations action:                                                           
    Estimated authorization level.........................  .......  .......  .......  .......       -1       -2
    Estimated outlays.....................................  .......  .......  .......  .......       -1       -2
----------------------------------------------------------------------------------------------------------------

    The budgetary impact of this bill falls within budget 
function 750.
    6. Basis of estimate: Currently, 21 U.S. Marshals are 
compensated according to the executive level pay schedule. 
Under this bill, all U.S. Marshal positions would be subject to 
the general schedule and most would receive compensation 
according to the GS-15 pay rate. CBO estimates that, on 
average, the change in pay rate would result in savings of 
$31,000 in salaries and benefits per position. Thus, CBO 
estimates that total annual savings would be about $650,000 a 
year in 1996 dollars. Savings would commence in fiscal year 
2001, but the full-year savings of about $800,000 a year could 
not be achieved until fiscal year 2003.
    Because this bill would allow the Attorney General to 
appoint the U.S. Marshals, CBO expects that a number of middle 
management positions could be eliminated. Based on information 
from the U.S. Marshals Service, CBO anticipates that the 
Attorney General would promote experienced Deputy Chief 
Marshals to the U.S. Marshal position in the small-to-medium 
size offices (which constitute about 70 of the 94 districts). 
As a result, we expect that these 70 offices would no longer 
need a Deputy Chief Marshal. CBO estimates that if the Marshals 
Service eliminated about 70 such positions, the federal 
government would save about $2 million in salaries and benefits 
each year by 2003 when the changes could be fully implemented.
    The changes under this bill would not take effect until 
January 1, 2000. Furthermore, the bill would allow U.S. 
Marshals appointed prior to the bill's effective date to 
complete their four-year terms, and it would likely take 
several months to a year for the new U.S. Marshals to be 
appointed by the Attorney General. Therefore, CBO expects that 
the federal government would not realize any savings until 
fiscal year 2001, and that the full effect of the bill's 
savings would not be realized until fiscal year 2003. Enacting 
H.R. 2641 would save about $1 million in fiscal year 2001 and 
$2 million in fiscal year 2002, assuming that future 
appropriations are reduced to reflect the lower costs for 
salaries and benefits.
    7. Pay-as-you-go considerations: None.
    8. Estimated impact on State, local, and tribal 
governments: H.R. 2641 contains no intergovernmental mandates 
as defined in Public Law 104-4 and would impose no direct costs 
on state, local, or tribal governments.
    9. Estimated impact on the private sector: This bill would 
impose no new private sector mandates, as defined in Public Law 
104-4.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal Cost Estimate: Susanne S. 
Mehlman; State and Local Government Impact: Karen McVey; 
Private Sector Impact; Matt Eyles.
    12. Estimate approved by: Robert A. Sunshine (for Paul N. 
Van de Water, Assistant Director for Budget Analysis).

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.R. 
2641 will have no significant inflationary impact on prices and 
costs in the national economy.

                      Section-by-Section Analysis

    Section 1. Short title.--This section states that the short 
title of the bill is the ``United States Marshals Service 
Improvement Act of 1996.''
    Sec. 2. Appointments of marshals.--This section amends 
chapter 37 of title 28, United States Code, to provide for the 
appointment of United States marshals by the Attorney General 
of the United States. Currently, United States marshals are 
appointed by the President, by and with the advice and consent 
of the Senate. The section also provides that United States 
marshals shall be appointed subject to the provisions of title 
5, United States Code, governing appointments in the 
competitive civil service, and shall be paid on the government 
service scale.
    Sec. 3. Transitional provisions; Presidential appointment 
of certain United States marshals.--The section directs that 
each United States marshal appointed before enactment of this 
Act shall remain in that position until the term is completed 
and a successor is appointed. The section also provides that, 
during the period between the date of enactment of this Act and 
December 31, 1999, the President shall appoint U.S. marshals 
with the advice and consent of the Senate. These marshals shall 
serve for a four-year term, and shall continue to serve after 
the four-year term expires until a successor is appointed.

                              Agency Views

    The Committee received a letter from the U.S. Department of 
Justice providing Administration views on H.R. 2641, and other 
bills. The letter addressed the issues presented in H.R. 2641, 
in pertinent part, as follows:

     h.r. 2641--the United States marshals service improvements act

    H.R. 2641 would amend 28 U.S.C. Sec. 561(c) to authorize 
the Director of the Marshals Service to appoint U.S. Marshals 
from the competitive civil service. Marshals thus would be 
career law enforcement officers who had risen through the ranks 
of the Marshals Service. The provision would take effect in the 
year 2000. Until that time, Marshals would continue to be 
appointed by the President with the advice and consent of the 
Senate as they have been since the earliest days of our nation.
    We support the thrust of the bill, which is consistent with 
a recommendation from the National Performance Review. We 
would, however, note a constitutional concern with the specific 
language of H.R. 2641. The bill should provide for appointment 
of Marshals by the Attorney General rather than the Director of 
the Marshals Service. Courts have held that Marshals are 
``officers of the United States'' in the Constitutional sense. 
Under the Appointments Clause of the Constitution, such 
officers must be appointed by the President, courts of law, or 
heads of Departments.
    Appointment of Marshals by the Attorney General would 
result in naming as Marshals persons who have demonstrated 
outstanding law enforcement and administrative expertise 
through a career in the Service. Although politically appointed 
Marshals have long served the Nation with dedication and 
integrity, today the multifaceted law enforcement missions of 
the Marshals Service--involving such matters as judicial 
security, fugitive apprehension, prisoner transportation, 
witness protection, and disposal of seized assets--require that 
its field offices, like those of other law enforcement 
agencies, be headed by career law enforcement officers.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

               CHAPTER 37 OF TITLE 28, UNITED STATES CODE

              CHAPTER 37-- UNITED STATES MARSHALS SERVICE

Sec.
561.  United States Marshals Service.
[562.  Vacancies.]
     * * * * * * *

Sec. 561. United States Marshals Service

  (a) * * *
          * * * * * * *
  (c) [The President shall appoint, by and with the advice and 
consent of the Senate,] The Attorney General shall appoint a 
United States marshal for each judicial district of the United 
States and for the Superior Court of the District of Columbia, 
except that any marshal appointed for the Northern Mariana 
Islands may at the same time serve as marshal in another 
judicial district. 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. Each 
United States marshal shall be an official of the Service and 
shall serve under the direction of the Director.
  [(d) Each marshal shall be appointed for a term of four 
years. A marshal shall, unless that marshal has resigned or 
been removed by the President, continue to perform the duties 
of that office after the end of that 4-year term until a 
successor is appointed and qualifies.]
  [(e)] (d) The Director shall designate places within a 
judicial district for the official station and offices of each 
marshal. Each marshal shall reside within the district for 
which such marshal is appointed, except that--
          (1) the marshal for the District of Columbia, for the 
        Superior Court of the District of Columbia, and for the 
        Southern District of New York may reside within 20 
        miles of the district for which the marshal is 
        appointed; and
          (2) any marshal appointed for the Northern Mariana 
        Islands who at the same time is serving as marshal in 
        another district may reside in such other district.
  [(f)] (e) The Director is authorized to appoint and fix the 
compensation of such employees as are necessary to carry out 
the powers and duties of the Service and may designate such 
employees as law enforcement officers in accordance with such 
policies and procedures as the Director shall establish 
pursuant to the applicable provisions of title 5 and 
regulations issued thereunder.
  [(g)] (f) The Director shall supervise and direct the United 
States Marshals Service in the performance of its duties.
  [(h)] (g) The Director may administer oaths and may take 
affirmations of officials and employees of the Service, but 
shall not demand or accept any fee or compensation therefor.
  [(i)] (h) There are authorized to be appropriated such sums 
as may be necessary to carry out the functions of the Service.

[Sec. 562. Vacancies

  [(a) In the case of a vacancy in the office of a United 
States marshal, the Attorney General may designate a person to 
perform the functions of and act as marshal, except that the 
Attorney General may not designate to act as marshal any person 
who was appointed by the President to that office but with 
respect to such appointment the Senate has refused to give its 
advice and consent.
  [(b) A person designated by the Attorney General under 
subsection (a) may serve until the earliest of the following 
events:
          [(1) The entry into office of a United States marshal 
        appointed by the President, pursuant to section 561(c).
          [(2) The expiration of the thirtieth day following 
        the end of the next session of the Senate.
          [(3) If such designee of the Attorney General is 
        appointed by the President pursuant to section 561(c), 
        but the Senate refuses to give its advice and consent 
        to the appointment, the expiration of the thirtieth day 
        following such refusal.]
          * * * * * * *

                                
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