The U.S. Marshals Service (USMS) was founded in 1789 when President Washington appointed the first 13 U.S. Marshals. The USMS is the nation's oldest federal law enforcement agency, and one of our primary missions is to ensure the security and integrity of the federal judicial system.
Protection of the judiciary is largely provided by deputy U.S. Marshals, the backbone of the Marshals Service. In support of this mission, deputy U.S. Marshals are responsible for ensuring a safe and secure environment during criminal proceedings, producing prisoners for court, pursuing and arresting fugitives, and serving the courts' legal process.
Using state-of-the-art protective techniques and equipment, deputy U.S. Marshals are trained in all phases of court proceedings, threat situations, and security for judicial conferences. This training ensures quick and safe responses in emergency situations as well as unobtrusive surveillance and protection during everyday operations.
The USMS also implements and administers the Court Security Officer (CSO) Program in support of our court security role. The USMS contracts with private companies who provide contract security guards known as Court Security Officers (CSOs). These CSOs provide security screening and entry control for federal facilities housing judicial functions. Presently, the Marshals Service has hired, trained, and deployed over 3,400 CSOs who screen and secure the internal perimeter of nearly 420 federal court facilities nationwide. Although CSOs wear identifying badges with a USMS insignia on their blazer, they are contract employees, not federal law enforcement officers or employees. However, CSOs are required to meet stringent hiring qualifications. They are required to have at least 3 years of military police or law enforcement experience, and pass a background investigation, a physical examination, and annual firearms qualification.
Although the USMS currently utilizes CSOs to staff the internal perimeter of court facilities, that has not always been the case. Prior to 1982, the General Services Administration (GSA) and the USMS had overlapping areas of jurisdiction for providing court house security. However, in 1982 the Attorney General found that security under this arrangement was inadequate, and delegated the responsibility of court security to the USMS. The USMS subsequently entered into Memoranda of Understanding (MOU) with the GSA. The MOU ensure the USMS provides security systems and/or personnel at the entrances of buildings housing Federal court facilities.
The day after the April 19, 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, the President directed the Department of Justice to assess the vulnerability of federal office buildings in the United States. The USMS was designated as the lead agency to coordinate this study because of its expertise in court security. Prior to the study, the federal government did not have national standards for security in federal facilities. The completed study profiled federal facilities at five different security levels, recommended minimum standards, and a list of priority projects.
RELATIONSHIP BETWEEN THE FPS and THE USMS
The USMS successfully works with the FPS on a regular basis, and our agency values their contribution to ensuring the safety of federal employees by protecting federal buildings and all those working within them. However, the USMS is concerned that the legislation proposed in H.R. 809 would result in permanently changing the relationship between and responsibilities of the FPS and USMS. STATUTORY CONTEXT
Since 1789, the USMS has assumed our cherished role as protector of the judiciary. If enacted in current form, H.R. 809 would authorize the Commissioner of the FPS to "serve as the law enforcement officer and security official of the United States with respect to the protection of the Federal officers and employees in buildings and areas that are owned or occupied by the United States." [emphasis added] This language conflicts with the statutory role of the USMS to protect the Federal judiciary and seemingly transfers that responsibility to the Commissioner of the FPS.
The FPS Commissioner would, according to H.R. 809, assume authority over every government-owned or operated building in the United States, including courthouses. Thus, the FPS, not the USMS, would have the authority to determine the levels and types of security services and equipment needed at each courthouse. Further, the FPS, not the USMS, would thereby assume the role of protector of the Federal Judiciary. The bill also does not make an exception for the USMS or the Administrative Office of the U.S. Courts to retain responsibility for the CSO program or to conduct courthouse security assessments.
SUGGESTED AMENDMENT
Although the report language accompanying the bill notes the legislation is not intended to affect the USMS, the USMS believes H.R. 809 text should be amended to reflect,
"None of the provisions of this Act shall be construed to interfere with, supercede, or otherwise affect the authority of the United States Marshals Service to provide security for the federal judiciary pursuant to 28 U.S.C. 566."
The amendment will ensure the statutory authority of the USMS is not superseded, which is clearly in the best interests of the USMS, the FPS, the judiciary, and members of the general public who attend sessions of court or serve as member of a jury.
The USMS has always maintained an excellent working relationship with the FPS and sees no reason to alter the current effective relationship. The USMS is proud of our role within the judicial system and we maintain a highly-skilled workforce dedicated to ensuring this end.