[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.]
* * * * * * *