Evaluation of the Federal Bureau of Prisons’ Use of First Step Act Funding and Implementation of First Step Act Programs at Its Institutions

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Date Issued

Thursday, May 28, 2026

Submitting OIG

Department of Justice OIG

Agencies Reviewed/Investigated

Department of Justice

Components

Federal Bureau of Prisons

Report Number

26-057

Report Type

Inspection / Evaluation

Agency Wide

Yes

Number of Recommendations

Questioned Costs

Funds for Better Use

Report updated under NDAA 5274

Open Recommendations

This report has 7 open recommendations.

Recommendation Number	Significant Recommendation	Recommended Questioned Costs	Recommended Funds for Better Use	Additional Details
1	No	$0	$0	Accurate as of May 31, 2026
Determine: (a) whether its use of FSA funds to pay for telephone minutes for inmates not participating in or on a waitlist for FSA programs was consistent with the purpose for which the FSA funds were appropriated and (b) whether its transfer of time-limited funds to the Trust Fund in excess of its cost for providing telephone minutes for inmates inappropriately extended the period of availability of these funds. Depending on the outcome of these determinations, make appropriate notifications to the Office of Management and Budget and take remedial action as necessary.
2	No	$0	$0	Accurate as of May 31, 2026
Actively monitor Department of Labor grantees' use of FSA-derived grant funds, to include ensuring that grant-funded instruction is not duplicative of BOP offerings and is supporting FSA implementation.
3	No	$0	$0	Accurate as of May 31, 2026
Determine how the Department of Labor has used and plans to use the $15 million in FSA funds transferred to it for grant program administrative costs, including funds that were allocated to pay for an evaluation of the grant program, and ensure that the use of these funds supports FSA implementation.
4	No	$0	$0	Accurate as of May 31, 2026
Issue clear guidance defining how FSA funds can be used.
5	No	$0	$0	Accurate as of May 31, 2026
Ensure that similar purchases are categorized consistently in the BOP's financial management system so the BOP can rely on system data to oversee its use of FSA funds.
6	No	$0	$0	Accurate as of May 31, 2026
Collect accurate programming data that will allow the BOP to determine the frequency with which FSA programs are offered at each of its institutions.
7	No	$0	$0	Accurate as of May 31, 2026
Update the FSA Approved Programs Guide, or develop complementary reporting, to more accurately convey the institutions where each FSA program is actually available.