[House Report 105-27]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     105-27
_______________________________________________________________________


 
         UNITED STATES MARSHALS SERVICE IMPROVEMENT ACT OF 1997

                                _______
                                

 March 17, 1997.--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. 927]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 927) to amend title 28, United States Code, to provide 
for appointment of United States marshals by the Attorney 
General, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Vote of the Committee............................................     3
Committee Oversight Findings.....................................     3
Committee on Government Reform and Oversight Findings............     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Constitutional Authority Statement...............................     5
Section-by-Section Analysis......................................     5
Agency Views.....................................................     6
Changes in Existing Law Made by the Bill, as Reported............     7

                          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 
many 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 are no mandated requirements to become a U. 
S. Marshal, and the only training a newly appointed Marshal 
receives is a forty hour orientation session.
    H.R. 927, the ``United States Marshals Service Improvement 
Act of 1997,'' 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 from among the career managers within the 
Marshals Service.
    Incumbent U.S. Marshals, selected before enactment of H.R. 
927, 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 December 31, 
1999, will still be appointed by the President, with the advice 
and consent of the Senate. They will serve a four year term, 
unless they resign or are removed by the President.

                Background and Need for the Legislation

    The U.S. Marshals Service is the nation's oldest federal 
law enforcement agency. Since 1789, U.S. Marshals have been 
involved in a variety of vital law enforcement activities 
including protection of the federal judiciary and federal 
witnesses, apprehension of federal fugitives, management and 
disposal of seized and forfeited properties, transportation of 
prisoners and hundreds of other special operations projects.
    Currently, there is no criteria for the selection of a 
United States Marshal. Past marshals have included 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 will allow persons with backgrounds 
similar to those above to continue to be appointed. Presently, 
only fifteen of the nation's ninety-four U.S. Marshals had 
previous experience as Deputy 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, suspended or transferred. This 
lack of accountability has resulted in numerous problem, 
including budgetary irresponsibility among a few individual 
marshals.
    Under H.R. 927, 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 daily 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. 927 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. 927 is supported by the current, and several former, 
directors of the United States Marshals Service.

                                Hearings

    The Committee's Subcommittee on Crime held no hearings on 
H.R. 927.

                        Committee Consideration

    On March 6, 1997, the Subcommittee on Crime met in open 
session and ordered reported the bill H.R. 927 without 
amendment, by a voice vote, a quorum being present. On March 
12, 1997, the Committee met in open session and ordered 
reported favorably the bill H.R. 927 without 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)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 927, 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, March 14, 1997.
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. 927, the United 
States Marshals Service Improvement Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 927--United States Marshals Service Improvement Act of 1997

    Summary: Enacting H.R. 927 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.
    Enacting H.R. 927 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, $2 million in fiscal year 2001, and $3 million a 
year thereafter. The legislation would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. The legislation also does not contain any 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995, and would not impose any 
costs on state, local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 927 is shown in the table on the 
following page. 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 at 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. Savings would commence in fiscal year 2001, but the 
full savings of $775,000 a year would not be achieved until 
fiscal year 2003, when the provisions are fully implemented.
    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 an experienced Deputy Chief 
Marshal 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 annually in salaries and 
benefits by 2003, when the changes would 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. It would then 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 2003. Enacting H.R. 927 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. For 1997, the Marshals 
Service received an appropriation of $482 million.

                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION                                  
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1997     1998     1999     2000     2001     2002 
----------------------------------------------------------------------------------------------------------------
Estimated Authorization Level.............................        0        0        0        0       -1       -2
Estimated Outlays.........................................        0        0        0        0       -1       -2
----------------------------------------------------------------------------------------------------------------

    The costs of this legislation fall within budget function 
750 (administration of justice).
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: The bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act of 1995 and would 
not impose costs on state, local, or tribal governments.
    Estimate prepared by: Susanne S. Mehlman.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8 of the Constitution.

                      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 1997.

Section 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. This section ensures that 
the U.S. Marshals Service will become streamlined and more 
professional.

Section 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 a four-
year term, and shall continue to serve after the four-year term 
expires until a successor is appointed. This section thus 
grandfathers the current U.S. Marshals, appointed by the 
President with the advice and consent of the Senate.

                              Agency Views

    The Committee did not receive any agency views regarding 
H.R. 927, the United States Marshals Service Improvement Act of 
1997. The Committee did receive views in the 104th Congress 
regarding identical legislation, H.R. 2641, the United States 
Marshals Service Improvement Act of 1996. The agency views 
received by the Committee are for H.R. 2641 are as follows:

                        U.S. Department of Justice,
                             Office of Legislative Affairs,
                                     Washington, DC, March 6, 1996.
Hon. Bill McCollum,
Chairman, Subcommittee on Crime, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: I am pleased to respond to your request 
for the Department of Justice's views on a number of bills the 
Subcommittee will soon consider. Our views are provided below.

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.
    Again, we are pleased to assist the Subcommittee's 
consideration of these bills. Please do not hesitate to contact 
me if you need any additional assistance.
            Sincerely,
                                               Andrew Fois,
                                        Assistant Attorney General.

         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):

                      TITLE 28, UNITED STATES CODE

          * * * * * * *

                     PART II--DEPARTMENT OF JUSTICE

          * * * * * * *

               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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