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Union Calendar No. 18

105TH CONGRESS

1ST SESSION H. R. 927

[Report No. 105–27]

To amend title 28, United States Code, to provide for appointment of United

States marshals by the Attorney General.

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 1997

Mr. MCCOLLUM (for himself and Mr. SCHUMER) introduced the following bill;

which was referred to the Committee on the Judiciary

MARCH 17, 1997

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

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

General.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘United States Mar5 shals Service Improvement Act of 1997’’.
2

•HR 927 RH

1 SEC. 2. APPOINTMENTS OF MARSHALS.

2 (a) IN GENERAL.—Chapter 37 of title 28, United

3 States Code, is amended—

4 (1) in section 561(c)—

5 (A) by striking ‘‘The President shall ap6 point, by and with the advice and consent of the

7 Senate,’’ and inserting ‘‘The Attorney General

8 shall appoint’’; and

9 (B) by inserting ‘‘United States marshals

10 shall be appointed subject to the provisions of

11 title 5 governing appointments in the competi12 tive civil service, and shall be paid in accord13 ance with the provisions of chapter 51 and sub14 chapter III of chapter 53 of such title relating

15 to classification and pay rates.’’ after the first

16 sentence;

17 (2) by striking subsection (d) of section 561;

18 (3) by redesignating subsections (e), (f), (g),

19 (h), and (i) of section 561 as subsections (d), (e),

20 (f), (g), and (h), respectively; and

21 (4) by striking section 562.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of chapter 37 of title 28, United States

24 Code, is amended by striking the item relating to section

25 562.
3

•HR 927 RH

1 SEC. 3. TRANSITIONAL PROVISIONS; PRESIDENTIAL AP2 POINTMENT OF CERTAIN UNITED STATES

3 MARSHALS.

4 (a) INCUMBENT MARSHALS.—Notwithstanding the

5 amendments made by this Act, each marshal appointed

6 under chapter 37 of title 28, United States Code, before

7 the date of the enactment of this Act shall, unless that

8 marshal resigns or is removed by the President, continue

9 to perform the duties of that office until the expiration

10 of that marshal’s term and the appointment of a succes11 sor.

12 (b) VACANCIES AFTER ENACTMENT.—Notwithstand13 ing the amendments made by this Act, with respect to the

14 first vacancy which occurs in the office of United States

15 marshal in any district, during the period beginning on

16 the date of the enactment of this Act and ending on De17 cember 31, 1999, the President shall appoint, by and with

18 the advice and consent of the Senate, a marshal to fill

19 that vacancy for a term of 4 years. Any marshal appointed

20 by the President under this subsection shall, unless that

21 marshal resigns or is removed from office by the Presi22 dent, continue to perform the duties of that office after

23 the end of the four-year term to which such marshal was

24 appointed or until a successor is appointed.
Union Calendar No. 18

105TH CONGRESS

1ST SESSION H. R. 927

[Report No. 105–27]

A BILL

To amend title 28, United States Code, to provide

the Attorney General.for appointment of United States marshals by

MARCH 17, 1997

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed