Reading Room Document
Continuation of Federal Prisoner Detention Efforts During United States Marshals Service Appropriation Deficiency
It is doubtful that the "authorized by law" exception to the Antideficiency Act would allow the United States Marshals Service to continue to provide prisoner detention-related functions during a deficiency in its Federal Prisoner Detention budget, but it is likely that the "emergency" exceptions set forth in § 1342 and § 1515 of that statute would apply, in many, if not all, circumstances. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/19416/download.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit