U.S. Department of Justice
Federal Bureau of Prisons
Central Office
320 First St. , NW
Washington, DC 20534

July 18, 2022
Jason Wojdylo
Federal Managers Association
U.S. Marshals Service Chapter 373

Request Number: 2022-04342
Dear Mr. Wojdylo:
This is in response to the above referenced Freedom of Information Act (FOIA) request
in which you asked several questions regarding the Federal Bureau of Prisons (BOP)
Trust Fund . A copy of your request is attached .
The FOIA was not designed to provide answers to specific questions. Rather, a request
must reasonably describe the actual agency records sought. See 5 U.S.C.
§ 552(a)(3)(A). That notwithstanding, our office has compiled the following information
in response to your request.
1. Is there an opportunity to provide a copy of the spending authority document(s) the
OIG relied upon?
These documents are not maintained by the BOP Trust Fund Office. You may wish to
contact the OIG directly.
2. Is there an opportunity to provide interest paid to BOP on invested funds from 1995
through 2021? Generally, what is/was the interest funds spent on?
Due to BOP records retention policy, amounts are only available for the following years.
•
•
•
•
•
•

FY16-$107,788.46
FY17-$326,748.59
FY18-$771 ,794.30
FY19-$1 ,375,835.90
FY20-$474,524.25
FY21-$29,526.44

The interest received on these securities is captured in the Trust Fund and is used to

defray its general operating expenses.
3. Is there an opportunity to tell us if BOP employee salaries are paid from trust fund
proceeds and a part of " continued operations and programs"? If so, the number of
employees whose salaries were funded from trust funds in each of FY 2019, 2020,
and 2021, and cumulative total amount paid from trust fund revenue paid for the
same three fiscal years, broken down by salaries and expenses/benefits? Please
provide the spending authority to pay BOP employee salaries from trust fund
proceeds.
BOP Program Statement 4500.12, Trust Fund/Deposit Fund Manual (March 14, 2018),
Chapter 2, Section 2.3(a) states the following: “Trust Fund Operating Funds. The
Trust Fund uses financial resources for: ■ Salaries and benefits for Trust Fund
Employees.” This BOP policy is publicly available online at BOP: Policy & Forms.
Additionally, please see the below information regarding salaries for staff positions
based on PP01.




FY19-673, Salaries-$47,305,243.80/Benefits-$28,302,565.04
FY20-668, Salaries-$49,483,846.71/Benefits-$31,540,512.81
FY21-652, Salaries-$49,514,506.01/Benefits-$32,522,034.41

We also refer you to the following: Circular 2244, Rules Governing the Control of
Prisoners Funds at Several Penal and Correctional Institutions (January 1, 1932); and
Section 108 of the Department of Justice, General Provisions in the Fiscal Year 1999
and thereafter Omnibus Bill and Conference Report Language, Public Law 105-277
(October 21, 1998). Monies accruing to these funds are appropriated and disbursed in
compliance with the terms of the trust
If you have questions about this response, please feel free to contact the undersigned,
this office, or the BOP’s FOIA Public Liaison, Mr. Eugene Baime, at 202-616-7750, 320
First Street NW, Suite 936, Washington DC 20534, or BOP-OGC-EFOIA-S@bop.gov.
Additionally, you may contact the Office of Government Information Services (OGIS) at
the National Archives and Records Administration to inquire about the FOIA mediation
services they offer. The contact information for OGIS is as follows: Office of
Government Information Services, National Archives and Records Administration,
Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001; e-mail at
ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at
202-741-5769.
If you are not satisfied with my response to this request, you may administratively
appeal by writing to the Director, Office of Information Policy (OIP), United States
Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you
may submit an appeal through OIP's FOIA STAR portal by creating an account following
the instructions on OIP’s website: https://www.justice.gov/oip/submit-and-track-request2

or-appeal. Your appeal must be postmarked or electronically transmitted within 90 days
of the date of my response to your request. If you submit your appeal by mail, both the
letter and the envelope should be clearly marked "Freedom of Information Act Appeal."
Sincerely,

K. Harne

K. Harne, for
Eugene E. Baime, Supervisory Attorney

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