IB
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 ap-
pointment of United States marshals by the Attorney
General.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘United States Mar-
shals Service Improvement Act of 1997’’.
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 ap-
point, 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 competi-
tive civil service, and shall be paid in accord-
ance with the provisions of chapter 51 and sub-
chapter 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 AP-
POINTMENT 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 succes-
sor.
(b) VACANCIES AFTER ENACTMENT.—Notwithstand-
ing 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 De-
cember 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 Presi-
dent, 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.
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
for appointment of United States marshals by
the Attorney General.
MARCH 17, 1997
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed