appointments are made by the President by and with the advice and consent of the Senate, or to positions of assistant United States district attorneys. Thereafter, deputy marshals, among others, were apparently regarded as within the classified civil service. It will be noted that the above section definitely excepts the positions of assistant United States district attorneys. The office of the United States attorney and the office of United States marshal, while in the executive branch of the Government, work closely in conjunction with the Federal judiciary. It might be said that, while the office of the United States attorney and the office of the United States marshal perform different functions, in other respects, they are of a similar nature. The United States attorney, as well as the United States marshal, is appointed by the President by and with the advice and consent of the Senate and is responsible for the conduct of the respective offices. The above section, as noted, specifically excepts an assistant to a United States attorney from the provisions of the Civil Service Act and apparently does so for the reason that the United States attorney, in whom the President and Senate have reposed confidence, should be able to choose such assistants as he may deem fit and proper for the position. Inasmuch as the United States attorney is solely responsible for the conduct of his office, such authority is believed proper. As stated before, the office of the United States marshal is, in most respects, similar to that of the United States attorney, and, since the President and the Senate repose the same confidence in the United States marshal as is given to a United States attorney, the committee does not see why there should be such a variance in the manner of appointment of deputies to the United States marshals. While the committee does not wish to disturb unreasonably the civilservice regulations, it is of the opinion that the marshal should have more control than is now afforded over the appointment of the deputies who must serve under his direction. After consideration of all of the foregoing, the committee is of the opinion that the bill S. 44 is meritorious and recommends that the same be given favorable consideration. To: Hon. Pat McCarran. THE LIBRARY OF CONGRESS, Washington, D. C., July 27, 1950. From: American Law Section, Legislative Reference Service. Subject: Status of deputy marshals under civil service and draft of a bill removing them therefrom. The first inquiry is for a statement showing how deputy United States marshals came to be placed under civil service. In 39 Opinion Attorney General 115 (1937), the Attorney General was asked whether deputy marshals were within the phrase "officers and employees of any of the courts of the United States" as contained in the act of July 13, 1937 (50 Stat. 512). The Attorney General, after noting that In re Neagle (1890) (135 U. S. 1, 63), held that deputy marshals are within the executive branch of the government, said: "I have found nothing to indicate that the Congress has regarded the United States attorneys or marshals or their subordinates as within the judicial branch. On the contrary, both the Congress and the Executive heretofore have evidenced acceptance of the view that such officers and employees are in the executive branch. The President, acting under authority conferred upon him by the civil service laws, long since extended those laws to 'all officers and employees in the executive civil service of the United States,' with specified exceptions, expressly including under 'Department of Justice' positions in the offices of United States marshals and United States attorneys-and the Congress has acquiesced in this Executive action, although enlarging the group of 'excepted positions' in the offices of United States marshals through providing in the act of October 22, 1913 (c. 32, 38 Stat. 208 (U. S. C., title 5, sec. 639)), that deputy marshals required to give bond may be appointed without regard to the civil-service laws (27 Op. A. G. 95; 34 Op. A. G. 192; 35 Op. A. G. 413; Civil Service Rules, Rule II and Schedule A)." The statute referred to by the Attorney General (5 U. S. C., sec. 639), provides as follows: * * Any deputy collector of internal revenue or deputy marshal who may be required by law or by authority or direction of the collector of internal revenue or the United States marshal to execute a bond to the collector of internal revenue or United States marshal to secure faithful performance of official duty may be appointed by the said collector or marshal, who may require such bond without regard to the provisions of an Act of Congress, entitled 'An Act to regulate and improve the civil service of the United States,' approved January sixteenth, eighteen hundred and eighty-three, and amendments thereto, or any rule or regulation made in pursuance thereof, and the officer requiring said bond shall have power to revoke the appointment of any subordinate officer or employee and appoint his successor at his discretion without regard to the Act, amendments, rules, or regulations aforesaid." Prior to the passage of this statutory provision on October 22, 1913, the status of deputy marshals under the civil-service laws appears to have followed a varied course. Without attempting to recount all changes, it may be noted that in 1908 deputies were excepted, at least with regard to appointment, by Schedule A, IV, Rule 2, of the Civil Service Rules (see (1908) 27 Op. Atty. Gen. 95). Later, however, they appear to have been brought within the scope of the law (see 1928) 35 Op. Atty. Gen. 413), discussing the case of one George O. White appointed November 9, 1910, "after competitive examination." See also U. S. v. Lapp ((C. C. A. 6th, 1917) 244 Fed. 376). But after the enactment of the statute embodied in 5 United States Code, section 639, a deputy marshal was clearly subject to appointment and removal by the marshal solely at his discretion (U. S. v. Lapp, supra). And as late as 1939 the Civil Service Commission regarded deputy marshals who might be required by law or by direction of the marshal to execute a bond to be excepted by the statute from the provisions of the civilservice laws. See the Commission's Civil Service Act and Rules, Statutes, Executive Orders and Regulations (June 30, 1939) 106, 112. However, by the act of November 26, 1940, 54 Stat. 1211, the President was given broad authority to cover positions in the executive departments and agencies into the classified civil service. Section 1 of the act (5 U. S. C., sec. 631a) provides: "Notwithstanding any provisions of law to the contrary, the President is authorized by Executive order to cover into the classified civil service any offices or positions in or under an executive department, independent establishment, or other agency of the Government: Provided, That in the case of any federally owned and controlled corporation organized under the laws of any State, Territory, or possession of the United States, or the District of Columbia, the President is authorized to direct that such action be taken as will permit appointments to offices or positions in any such corporation to be made in accordance with the civil-service laws, consistently with the laws of any such State, Territory, or possession, or the District of Columbia, or with the charter or articles of incorporation of any such corporation: Provided further, That the provisions of this section shall not apply to offices or positions in the Tennessee Valley Authority or to any positions in the Work Projects Administration or to any position to which appointments are made by the President by and with the advice and consent of the Senate, or to positions of assistant United States district attorney." Accordingly, by Executive Order No. 8743, April 23, 1941 (6 Fed. Reg. 2117) as amended, it was provided among other things that all offices and positions in the executive civil service of the United States except (1) those that were temporary, (2) those expressly excepted from the provisions of section 1 of the act of November 26, 1940, (3) those excepted from the classified civil service under Schedules A and B of the Civil Service Rules, and (4) those which then had a classified status, were thereby covered into the classified civil service of the Government. Thereafter, deputy marshals among others were apparently regarded as within the classified civil service. See Civil Service Commission, Civil Service Act and Rules, Statutes, Executive Orders and Regulations (Nov. 30, 1941) 11, 148; Civil Service Act, Rules and Regulations Annotated (1943) 211, 212-214, 224. When the Judicial Code was revised and re-enacted as permanent law effective in 1948 (28 U. S. C., sec. 542), was framed to read as follows:: "The Attorney General may authorize any United States marshal to appoint deputies and clerical assistants. Deputy marshals shall be subject to removal by the marshal pursuant to civil-service regulations." The reviser's note to this provision states (H. Rept. No. 308 on H. R. 3214, 80th Cong., 1st sess. (1947) A66): "Deputies are now members of the civil service and removable only in accordance with civil-service regulations thereof. All references to removal by Attorney General or the district court are omitted from the revised section. There seem to have been no removals of deputy marshals by district courts in the last 25 years." Since the above history indicates that the inclusion of deputy marshals in the civil service was a matter of long development, rather than resulting from special action at one time with regard to such officers alone, we have found no statement of reasons why such officers should be covered by the civil service. In accordance with your request for "a draft of a bill to take deputy United States marshals out from under civil service, and let the marshals appoint their own deputies," the following is suggested: A BILL To confer upon United States marshals discretionary authority to appoint and remove deputy marshals without regard to civil-service laws or regulations Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 28, United States Code, section 542, is hereby amended to read as follows: "The Attorney General may authorize any United States marshal to appoint deputies and clerical assistants. Deputy marshals shall be subject to appointment and removal by the marshal without regard to civil-service laws or regulations." It may be noted in this connection that it seems to be beyond question that Congress can make exceptions of this sort. (See (1908) 26 Op. Atty. Gen. 502, 507.) ROBERT S. OGLEBAY, CHANGES IN EXISTING LAW In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, 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 italics, existing law in which no change is proposed is shown in roman): SECTION 541, TITLE 28, UNITED STATES CODE § 541. Appointment, residence and tenure of marshals. (a) The President shall appoint, by and with the advice and consent of the Senate, a United States marshal for each judicial district. (b) The Attorney General shall designate places within the district for the official station and offices of each marshal. Each marshal shall reside within the district for which he was appointed except that the marshal for the District of Columbia and the Southern District of New York may reside within twenty miles thereof. (c) Each marshal shall be appointed for a term of four years, except in the district of Hawaii where the term shall be six years. Upon the expiration of his term a marshal shall continue to perform the duties of his office until his successor is appointed and qualifics, unless sooner removed by the President. (d) Only citizens of the Territory of Hawaii who have resided therein at least three years next preceding shall be eligible for appointment as United States marshal for the district of Hawaii. (e) Upon the expiration of the term of office of a morshal who at the time of his appointment as marshal was serving as a deputy marshal, such marshal shall, upon application therefor made within thirty days after expiration of his term as marshal, be restored to the position of deputy marshal. SECTION 542, TITLE 28, UNITED STATES CODE § 542. Appointment and tenure of deputies and assistants. The Attorney General may authorize any United States marshal to appoin deputies and clerical assistants. [Deputy marshals shall be subject to remova by the marshal pursuant to civil-service regulations.] Any person determined b the marshal to be qualified for appointment to the position of deputy marshal shal become eligible for such appointment upon passing such suitable_noncompetitiv examination as may be prescribed by the Civil Service Commission. Deputy marshal shall be subject to removal by the marshal pursuant to civil-service regulations, excep that with the approval of the Attorney General and without regard to the provisions o the civil-service laws and regulations, a deputy marshal may be removed by the marsha under whom he serves at any time within sixty days after such marshal has taken th oath of office and entered upon his duties. MAY 27 (legislative day, MAY 13), 1954.-Ordered to be printed Mr. WILEY (for Mr. LANGER), from the Committee on the Judiciary, submitted the following REPORT [To accompany S. 2034] The Committee on the Judiciary, to which was referred the bill (S. 2034) for the relief of Hermine Lorenz, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to grant the status of permanent residence in the United States to Hermine Lorenz. The bill provides for an appropriate quota deduction and for the payment of the required visa fee. STATEMENT OF FACTS The beneficiary of the bill is a 53-year-old native of Austria, presently stateless, who last entered the United States as a visitor on October 31, 1949. She is the housekeeper and governess for a family she has been with for 32 years. The family is here as legal residents of this country and desires to keep the beneficiary with them. Her birthplace in Austria is now part of Czechoslovakia. A letter, with attached memorandum, dated November 23, 1953, to the chairman of the Senate Committee on the Judiciary from the Commissioner of the Immigration and Naturalization Service with reference to the case reads as follows: Hon. WILLIAM LANGER, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. NOVEMBER 23, 1953. DEAR SENATOR: In response to your request of the Department of Justice for a report relative to the bill (S. 2034) for the relief of Hermine Lorenz, there is |