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GAO-03-499R 1 (2003-04-02)

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       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548


         April 2, 2003

         The Honorable Edward M. Kennedy
         United States Senate

         The Honorable John F. Kerry
         United States Senate

         Subject: Appointment and Qualifications of U.S. Marshals

         This report responds to your June 6, 2002, request, with then Senators Strom
         Thurmond and Fred Thompson, for information on the appointment and
         qualifications of U.S. Marshals in the 94 federal judicial districts. As agreed with your
         offices, we obtained information on the (1) U.S. Marshals' appointment process and,
         for comparison, the processes used by the Bureau of Alcohol, Tobacco, and Firearms
         (ATF); Drug Enforcement Administration (DEA); and Internal Revenue Service-
         Criminal Investigation (IRS-CI) to select senior field supervisors; (2) experience,
         education and diversity of U.S. Marshals and senior field supervisors at the ATF,
         DEA, and IRS-Cl; (3) authority of the Director of the U.S. Marshals Service (USMS) to
         guide and control activities of U.S. Marshals; and (4) past legislative and other
         proposals for reforming the U.S. Marshals' appointment process.

         On November 21, 2002, we briefed your offices on the results of our review. This
         report summarizes material from that briefing and provides additional information
         related to the areas reviewed.

         Background

         The U.S. Marshal Service was created by the first Congress in the Judiciary Act of
         1789. U.S. Marshals were placed in each federal judicial district and were given broad
         authority to support the federal courts and to carry out all lawful orders issued by
         judges, Congress, and the President. Early duties of U.S. Marshals included taking the
         census, distributing presidential proclamations, protecting the borders, and making
         arrests.

         Beginning in the late nineteenth century, some responsibilities of U.S. Marshals were
         transferred to newly created federal agencies, including the U.S. Census Bureau,
         Immigration and Naturalization Service, and Federal Bureau of Investigation. Today,
         the primary responsibilities of U.S. Marshals include protecting federal judges and
         witnesses, transporting federal prisoners, apprehending federal fugitives, and
         managing assets seized from criminal enterprises.


GAO-03-499R Appointment and Qualifications of U.S. Marshals