II
Calendar No. 332
105TH CONGRESS
2D SESSION
H. R. 927
IN THE SENATE OF THE UNITED STATES
MARCH 19, 1997
Received; read twice and referred to the Committee on the Judiciary
MARCH 26, 1998
Reported by Mr. HATCH, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
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—
HR 927 RS
(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.
HR 927 RS
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.
HR 927 RS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘United States Marshals
Service Improvement Act of 1998’’.
SEC. 2. QUALIFICATIONS FOR UNITED STATES MARSHALS.
Section 561(c) of title 28, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(2) by striking ‘‘Each United States’’ and insert-
ing the following:
‘‘(3) Each United States’’; and
(3) by inserting after paragraph (1), as so des-
ignated by paragraph (1) of this section, the follow-
ing:
‘‘(2) Each individual appointed as a United States
marshal shall—
‘‘(A) be a citizen of the United States, or an in-
dividual otherwise described in section 606 of Public
Law 105–61 (111 Stat. 1309);
‘‘(B) have successfully completed—
‘‘(i) a security background investigation
conducted by the Department of Justice;
‘‘(ii) a medical evaluation;
‘‘(iii) 1 or more drug tests, as determined
by the Director; and
‘‘(iv) a firearms proficiency test established
for criminal investigators of the Service;
HR 927 RS
‘‘(C) hold a bachelor’s degree; and
‘‘(D) have not less than 10 years of professional
law enforcement experience, which shall—
‘‘(i) include not less than 5 years of law en-
forcement management experience—
‘‘(I) in the Service or any other Fed-
eral law enforcement or corrections agency;
or
‘‘(II) at a command level position in a
State or local law enforcement or correc-
tions agency, if the individual has com-
pleted a comprehensive course of study at
the Federal Bureau of Investigation Acad-
emy, the Federal Law Enforcement Train-
ing Center, or a State or local law enforce-
ment training center that is certified by the
Director;
‘‘(ii) demonstrate experience with the re-
sponsibilities of a United States marshal, such
as supervising arrest procedures, prisoner cus-
tody and detention, criminal investigations, pro-
tection of the judicial process, seizure of prop-
erty, and accountability for funds and disburse-
ments; and
HR 927 RS
‘‘(iii) demonstrate knowledge of law enforce-
ment practices and personnel in the state or ter-
ritory in which the individual would serve as
United States marshal.’’.
SEC. 3. STUDY BY THE GENERAL ACCOUNTING OFFICE.
Not later than December 31, 1999, the Comptroller
General of the United States shall—
(1) conduct a study relating to the most effective
process for selecting individuals to serve United
States marshals, which shall include a review of a va-
riety of processes and potential processes for selecting
those individuals, including—
(A) the appointment process for United
States marshals in effect on the date on which
the review is conducted;
(B) a potential selection process conducted
by a selection board established by the Depart-
ment of Justice; and
(C) the potential conversion of the selection
of United States marshals to the civil service sys-
tem; and
(2) submit to the Committee on the Judiciary
and the Committee on Appropriations of the Senate,
and the Committee on the Judiciary and the Commit-
tee on Appropriations of the House of Representa-
HR 927 RS
tives, a report describing the results of the study
under paragraph (1).
SEC. 4. SENSE OF THE COMMITTEE.
It is the sense of the Committee on the Judiciary of
the Senate that, after reviewing the report submitted under
section 3, the Committee shall consider the most effective
process for selecting individuals to serve as United States
marshals, giving strong consideration to the results de-
scribed in that report.
SEC. 5. APPLICABILITY.
The amendments made by this Act shall apply to any
United States marshal first appointed on or after the date
of enactment of this Act.
Amend the title to read as follows: ‘‘An Act to
amend section 561 of title 28, United States Code, to es-
tablish certain qualifications for United States marshals,
and for other purposes.’’.