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