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Calendar No. 332
105th CONGRESS
2d Session
H. R. 927
_______________________________________________________________________
AN ACT
To amend title 28, United States Code, to provide for appointment of
United States marshals by the Attorney General.
_______________________________________________________________________
March 26, 1998
Reported with an amendment and an amendment to the title
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 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``United States Marshals
Service Improvement Act of 1997''.</DELETED>
<DELETED>SEC. 2. APPOINTMENTS OF MARSHALS.</DELETED>
<DELETED> (a) In General.--Chapter 37 of title 28, United States
Code, is amended--</DELETED>
<DELETED> (1) in section 561(c)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) by striking subsection (d) of section
561;</DELETED>
<DELETED> (3) by redesignating subsections (e), (f), (g),
(h), and (i) of section 561 as subsections (d), (e), (f), (g),
and (h), respectively; and</DELETED>
<DELETED> (4) by striking section 562.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. TRANSITIONAL PROVISIONS; PRESIDENTIAL APPOINTMENT OF
CERTAIN UNITED STATES MARSHALS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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 inserting the
following:
``(3) Each United States''; and
(3) by inserting after paragraph (1), as so designated by
paragraph (1) of this section, the following:
``(2) Each individual appointed as a United States marshal shall--
``(A) be a citizen of the United States, or an individual
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;
``(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
enforcement management experience--
``(I) in the Service or any other Federal
law enforcement or corrections agency; or
``(II) at a command level position in a
State or local law enforcement or corrections
agency, if the individual has completed a
comprehensive course of study at the Federal
Bureau of Investigation Academy, the Federal
Law Enforcement Training Center, or a State or
local law enforcement training center that is
certified by the Director;
``(ii) demonstrate experience with the
responsibilities of a United States marshal, such as
supervising arrest procedures, prisoner custody and
detention, criminal investigations, protection of the
judicial process, seizure of property, and
accountability for funds and disbursements; and
``(iii) demonstrate knowledge of law enforcement
practices and personnel in the state or territory 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 variety 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 Department of
Justice; and
(C) the potential conversion of the selection of
United States marshals to the civil service system; 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 Committee on Appropriations of the House
of Representatives, 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 described 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 establish
certain qualifications for United States marshals, and for
other purposes.''.
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