H.R. 927 (rh) To amend title 28, United States Code, to provide for appointment of United States marshals by the Attorney General. ...

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105th CONGRESS
  1st 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

_______________________________________________________________________

                                 AN ACT


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Marshals 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 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 or until a 
successor is appointed.

            Passed the House of Representatives March 18, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                  Clerk

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