Salaries & Expenses and Construction Appropriations
Overview for the United States Marshals Service
A. Introduction The United States Marshals Service (USMS) ensures the functioning of the federal judicial process by protecting members of the judicial family (judges, attorneys, witnesses, and jurors), providing physical security in courthouses, safeguarding witnesses, transporting and producing prisoners for court proceedings, executing court orders and arrest warrants, apprehending fugitives, and seizing forfeited property. All USMS duties and responsibilities emanate from this core mission. Electronic copies of the Department of Justice’s Congressional Budget Justifications and Capital Asset Plan and Business Case exhibits can be viewed or downloaded from the Internet using the Internet address: http://www.usdoj.gov/02organizations/bpp.htm.
For FY 2013, the USMS requests a total of 5,544 positions, 5,459 FTE (excluding reimbursable FTE), $1.203 billion for the Salaries and Expenses (S&E) appropriation, and $10.000 million for the Construction appropriation. The request also includes a $14.400 million rescission of S&E balances.
B. Organizational History The Judiciary Act of 1789 established the original 13 federal judicial districts and called for the appointment of a Marshal for each district. President Washington nominated the first Marshals and they were confirmed by the Senate on September 26, 1789. Each Marshal was invested with the following rights and responsibilities: to take an oath of office; to command assistance and appoint deputies as needed to serve a four-year appointment; to attend federal courts, including the Supreme Court when sitting in his district; and to execute all lawful precepts directed by the U.S. government.
The early Marshals had duties beyond those of present-day Marshals, such as taking the census and serving as collection and disbursal agents for the federal court system. Until 1896, Marshals did not receive salaries. They were compensated from fees collected for performing their official duties.
The Attorney General began supervising the Marshals in 1861. The Department of Justice (DOJ) was created in 1870 and the Marshals have been under DOJ’s purview since that time. The first organization to supervise Marshals nationwide, the Executive Office for United States Marshals, was established in 1956 by the Deputy Attorney General. DOJ Order 415-69 established the United States Marshals Service on May 12, 1969. On November 18, 1988, the USMS was officially established as a bureau within the Department under the authority and direction of the Attorney General with its Director appointed by the President. Prior to 1988, the Director of the USMS was appointed by the Attorney General. The most recent headquarters organizational chart is displayed in Exhibit A.
The role of the U.S. Marshals has had a profound impact on the history of this country since the time when America was expanding across the continent into the western territories. With changes in prosecutorial emphasis over time, the mission of the USMS has transitioned as well. In more recent history, law enforcement emphasis has shifted with changing social mandates. Examples include:
In the 1960s, Deputy Marshals provided security and escorted Ruby Bridges and James Meredith to school following federal court orders requiring segregated Southern schools and colleges to integrate.
In 1973, the Drug Enforcement Administration (DEA) was created resulting in a greater focus on drug-related arrests. The USMS immediately faced rapidly increasing numbers of drug-related detainees, protected witnesses, and fugitives.
The Presidential Threat Protection Act of 2000 (P.L. 106-544) directed the USMS to provide assistance to state and local law enforcement agencies in the location and apprehension of their most violent fugitives. As a result, the Marshals Service has increased the size and effectiveness of its regional and district-based fugitive apprehension task forces, thus providing a critical “force multiplier” effect that aids in the reduction of violent crime across the nation.
The expansion of illegal immigration enforcement activities, including the implementation of Operation Streamline in 2005, which increased federal prosecutions of immigration offenders, resulted in a significant increase in the USMS’ prisoner and fugitive workload along the Southwest Border.
With more resources dedicated to apprehending and prosecuting suspected terrorists, the USMS continues to meet the increasing demands for high-level security required for many violent criminal and terrorist-related court proceedings.
The Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248) strengthened federal penalties by making the failure to register as a sex offender a federal offense. This Act directs the USMS to “assist jurisdictions in locating and apprehending sex offenders who violate sex offender registry requirements.” This law marks an important step forward in the efforts to protect children from sexual and other violent crimes.
C. USMS Budget The USMS receives both direct and reimbursable funding in support of its operations. In the FY 2012 enacted budget, the USMS received $1.189 billion in direct funding, of which $1.174 billion was in the S&E appropriation and $15.000 million in the Construction appropriation. The FY 2013 request includes a third appropriation under the USMS: the Federal Prisoner Detention account, which will replace the Office of the Federal Detention Trustee. Additional details on this merger proposal can be found in the Challenges section on page 7.
The USMS receives reimbursable and other indirect resources from a variety of sources. Some of the larger sources include:
The Administrative Office of the United States Courts (AOUSC) provides funding for administering the Judicial Facility Security Program;
The Assets Forfeiture Fund (AFF) provides funding for managing and disposing seized assets;
The Fees and Expenses of Witnesses (FEW) appropriation provides funding for securing and relocating protected witnesses; and
The Organized Crime Drug Enforcement Task Force (OCDETF) provides funding for apprehending major drug case fugitives.
The USMS S&E budget is divided into five decision units. These decision units contain the personnel and funds associated with the following missions:
Judicial and Courthouse Security – protects federal judges, jurors and other members of the federal judiciary. This mission is accomplished by anticipating and deterring threats to the judiciary, and the continual development and employment of innovative protective techniques;
Fugitive Apprehension – conducts investigations involving: escaped federal prisoners; probation, parole and bond default violators; and fugitives based on warrants generated during drug investigations. In addition to these primary responsibilities, USMS task forces investigate and apprehend violent felony fugitives wanted by state and local authorities as well as international and foreign fugitives, gang members, and sex offenders;
Prisoner Security and Transportation – moves prisoners between judicial districts, correctional institutions and foreign countries;
Protection of Witnesses – provides for the security, health and safety of government witnesses and their immediate dependents whose lives are in danger as a result of their testimony against drug traffickers, terrorists, organized crime members and other major criminals; and
Tactical Operations – conducts special assignments and security missions in situations involving crisis response, homeland security and other national emergencies.
D. Strategic Goals The USMS mission supports all three goals within the DOJ Strategic Plan. Goal I is to “Prevent Terrorism and Promote the Nation’s Security Consistent with the Rule of Law.” Objective 1.1 is to “Prevent, disrupt, and defeat terrorist operations before they occur.” The USMS supports this objective by:
Conducting threat assessments and investigating incoming threats or inappropriate communications made against members of the judicial family, and
Assigning Deputy Marshals to the Federal Bureau of Investigation (FBI) Joint Terrorism Task Forces to work terrorism cases and share information that may be critical to protect the federal judiciary.
Goal II is to “Prevent Crime, Protect the Rights of the American People and Enforce Federal Law.” Objective 2.1 is to “Combat the threat, incidence, and prevalence of violent crime.” Objective 2.2 is to “Prevent and intervene in crimes against vulnerable populations; uphold the rights of, and improve services to, America’s crime victims.” Objective 2.3 is to “Combat the threat, trafficking, and use of illegal drugs and the diversion of licit drugs.” The USMS supports these objectives by:
Participating on the Organized Crime Drug Enforcement Task Forces (OCDETF) and DEA fugitive apprehensions.
Enforcing the Adam Walsh Child Protection and Safety Act of 2006.
Goal III is to “Ensure and Support the Fair, Impartial, Efficient, and Transparent Administration of Justice at the Federal, State, Local, Tribal, and International Levels.” The majority of USMS resources are devoted to support Goal III. Objective 3.1 is to “Promote and strengthen relationships and strategies for the administration of justice with state, local, tribal, and international law enforcement.” Objective 3.2 is to “Protect judges, witnesses, and other participants in federal proceedings; apprehend fugitives; and ensure the appearance of criminal defendants for judicial proceedings or confinement.” Objective 3.3 is to “Provide for the safe, secure, humane, and cost-effective confinement of detainees awaiting trial and/or sentencing, and those in the custody of the federal prison system.” The USMS supports these objectives by:
Securing federal court facilities and renovating courthouses to meet security standards;
Investigating and apprehending federal, state, local and international fugitives impacting the reduction of violent crime;
Transporting prisoners to court-ordered proceedings;
Operating and maintaining the fleet of aircraft and ground transportation assets that comprise the Justice Prisoner and Alien Transportation System (JPATS);
Protecting witnesses who provide testimony on behalf of the U.S. Government; and
Providing tactical support for any Attorney General-directed missions, including natural disasters and civil disturbances.
E. Challenges USMS mission responsibilities continue to grow, making effective planning essential to meeting all workload expectations. Most of these challenges fall into broad categories:
Detention In FY 2013, the Administration proposes merging the Office of the Federal Detention Trustee (OFDT) with the USMS. The merger will align the accountability of resources with the responsibility of federal detention operations under a single command and control structure within the USMS leadership. The USMS will expand upon OFDT’s successes in achieving efficiencies, cost reductions and cost avoidance in detention through process and infrastructure improvements. The care of Federal detainees in private, state and local facilities and the costs associated with these efforts will be funded from the Federal Prisoner Detention (FPD) account within the USMS.
FPD’s resource needs are directly impacted by law enforcement and prosecutorial priorities. Currently, the challenges facing law enforcement officials at the Southwest Border directly impact the detention population. As federal law enforcement officials increase their efforts to deal with these issues, the USMS must ensure sufficient resources are available to house and care for the corresponding detainees. This objective is made even more challenging given the limited detention space available in the Southwest Border region.
USMS will continue to explore new approaches to address the increase in the federal detention population resulting from aggressive immigration and other law enforcement initiatives. See the Federal Prisoner Detention congressional justification for additional information on these initiatives.
Financial Management The USMS must maximize the efficiency and effectiveness of its programs to address the increasing workload. At the same time, the USMS must also ensure that effective business processes and reliable financial systems are in place to efficiently and responsibly manage resources. Toward that end, the USMS has worked to address material weaknesses identified in annual financial management audits. Significant strides have been made to improve transparency and accountability at all levels of the organization so that all managers have a role in financial management. Some of the activities occurring in FY 2012 include:
Appropriately segregating duties.
Monitoring user activity through review of unalterable logs.
Applying more stringent access controls.
Enhancing system backup and restoration capabilities.
Deploying automated tools to comply with federal IT security requirements.
Conducting an assessment of the business financial management organizational structure and processes to fully leverage the benefits of the soon to be implemented Unified Financial Management System (UFMS) and ensure an improved financial controls environment.
Continuing annual Financial Management Training for all headquarters and district administrative officers.