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GAO-10-15R 1 (2009-11-13)

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        ACcountability I Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          November 13, 2009

          The Honorable Patrick Leahy
          Chairman
          Committee on the Judiciary
          United States Senate

          Subject: U.S. Marshals: Qualifications and Comparison of Demographic Characteristics to
                  Their Counterparts in Selected Federal Law Enforcement Agencies

          Dear Mr. Chairman:

          The U.S. Marshals Service (USMS), a component within the Department of Justice (DOJ), is
          charged with protecting federal judges and witnesses, transporting federal prisoners,
          apprehending federal fugitives, and managing assets seized from criminal enterprises, as well
          as managing USMS offices within federal judicial districts, among other responsibilities.
          Presidentially appointed U.S. Marshals direct the activities of 94 districts-1 for each federal
          judicial district, including at least 1 in each state, the District of Columbia, the
          Commonwealths of Puerto Rico and the Northern Mariana Islands, and 2 U.S. territories-the
          Virgin Islands and Guam.' The process used to appoint U.S. Marshals to the federal judicial
          districts has not changed since the establishment of the position.2 The President, with the
          advice and consent of the Senate, appoints U.S. Marshals for a 4-year term.

          Federal law does not mandate specific qualifications for individuals appointed as U.S.
          Marshals. However, Section 505 of the USA PATRIOT Improvement and Reauthorization Act
          of 2005 states that U.S. Marshals should possess certain minimum characteristics in order to
          serve.3 The suggested characteristics are (1) a minimum of 4 years of command-level law
          enforcement management duties, including personnel, budget, and accountable property
          issues, in a police department, sheriffs office, or federal law enforcement agency;
          (2) experience in coordinating with other law enforcement agencies, particularly at the state
          and local levels; (3) college-level academic experience; and (4) experience in or with county,
          state, and federal court systems or experience with protection of court personnel, jurors, and
          witnesses.



          'The President appoints U.S. Marshals to each of the 94 federal judicial districts, except that the U.S.
          Marshal of the U.S. Virgin Islands is appointed by the Attorney General. However, the U.S. Marshal
          appointed for the Northern Mariana Islands may at the same time serve as U.S. Marshal in another
          federal judicial district.
          2U.S. Marshals were placed in federal judicial districts when the positions were created by the first
          Congress in the Judiciary Act of 1789.
          3Pub. L. No. 109-177, § 505, 120 Stat. 192, 247 (2006) (codified at 28 U.S.C.§ 561(i)). The act was enacted
          on March 9, 2006.


GAO-10-15R U.S. Marshals: Qualifications and Characteristics

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