**Federal Prison System**

**Buildings and Facilities**

**Table of Contents**

**Page No.**

**I.
Overview...................................................................................**
1

**II. Summary of Program
Changes......................................................** N/A

**III. Appropriations Language and Analysis of Appropriations
Language...\...** 5

**IV. Decision Unit Justification**

A.  **New Construction**

    1.  Program
        Description.........................................................
        6

    2.  Performance
        Tables..........................................................
        8

    3.  Performance, Resources, and
        Strategies................................... 11

        a.  Performance Plan and Report for Outcomes

        b.  Strategies to Accomplish Outcomes

        c.  Results of Program Assessment Rating Tool (PART) Reviews

B.  **Modernization and Repair**

> 1\. Program
> Description..........................................................
> 14

2\. Performance
Tables........................................................... 18

3\. Performance, Resources, and
Strategies.................................\... 21

a\. Performance Plan and Report for Outcomes

b\. Strategies to Accomplish Outcomes

c\. Results of Program Assessment Rating Tool (PART) Reviews

V.  **E-Gov Initiatives (Not
    Applicable)..........................................**N/A

VI. **Exhibits**

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A.  Organizational Chart

B.  Summary of Requirements

C.  Program Increases by Decision Unit (Not Applicable)

D.  Resources by DOJ Strategic Goal/Objective

E.  Justification for Base Adjustments

F.  Crosswalk of 2007 Availability

G.  Crosswalk of 2008 Availability

H.  Summary of Reimbursable Resources (Not Applicable)

I.  Detail of Permanent Positions by Category

J.  Financial Analysis of Program Increases/Offsets (Not Applicable)

K.  Summary of Requirements by Grade

L.  Summary of Requirements by Object Class

M.  Status of Congressionally Requested Studies, Reports, and
    Evaluations (N/A)

N.  Summary of Change

O.  Status of Construction

P.  Waterfall

Number range CHAPTER**I. Overview for the Bureau of Prisons, Buildings
and Facilities (B&F) Appropriation**

The Bureau of Prisons (BOP) was established in 1930 to provide more
progressive and humane care for Federal inmates, to professionalize the
prison service, and to ensure consistent and centralized administration
of the 11 Federal prisons in operation at that time (now 114). The
mission of the BOP, an agency of the Department of Justice (DOJ), is to
protect society by confining offenders in the controlled environments of
prisons and community-based facilities that are safe, humane,
cost-efficient, and appropriately secure, and that provide work and
other self-improvement opportunities to assist offenders in becoming
law-abiding citizens. 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/jmd/2009justification/>.

The BOP's biggest challenge is managing the ever increasing Federal
inmate population, and providing for their care and safety in crowded
conditions, as well as the safety of BOP staff and surrounding
communities, within budgeted levels. Federal inmate population levels
have dramatically increased over the past 30 years[^1]. In 1980, there
were fewer than 25,000 inmates in BOP custody, and at the end of FY
2007, the population was 200,020. BOP accommodates inmate population
growth with a combined use of state, local and private sector contract
beds, facility expansion, and limited new construction.

The B&F appropriation features two decision units 1) The New
Construction decision unit includes funding to expand existing
facilities and construct new facilities; and 2) The Modernization and
Repair (M&R) decision unit includes funding to maintain existing
facilities in an adequate state of repair to provide a safe and secure
environment to continue operations, thereby protecting taxpayer capital
investments.

The Department recently earned a Green score on the Real Property
Management initiative from the Office of Management and Budget (OMB).
This significant DOJ accomplishment is due, in large part, to the hard
work of BOP staff, as the Federal Prison System accounts for
approximately 90 percent of all of DOJ's capital assets.

The BOP's B&F program underwent a PART assessment in FY 2005 for the FY
2007 budget process and received a rating of "Adequate." The BOP's
program was found to be strong overall but the PART analysis suggested
that the BOP take greater advantage of public and private sector bed
space to meet its capacity requirements. In FY 2006, the Criminal Alien
Requirement (CAR) V contract (1,200 new beds for criminal aliens) was
awarded. The CAR VI contract was awarded in January 2007 to five
offerors to house low security criminal alien inmates currently under
BOP custody. Finally, the BOP has completed construction, on-time and
within budget, of 14 new prisons during FY 2004 through FY 2007,
including: 11 new medium and high security facilities in FY 2004 and FY
2005; two new facilities in FY 2006; and FCI Pollock, LA was completed
in February 2007.

**FY 2009 Total Bureau of Prisons Request by DOJ Strategic Goal**

The BOP's mission plays a direct role in supporting DOJ, Strategic Goal
3: Ensure the Fair Administration of Justice. For FY 2009, a total of
\$95,807,000, with 277 positions and 261 FTEs is requested for the B&F
appropriation to support the Department's Strategic Goal to:

1.  Provide for the safe, secure, and humane confinement of detained
    persons awaiting trial and/or sentencing, and those in the custody
    of the Federal Prison System (Strategic Goal 3.3)

**Full Program Costs**

The BOP's budget integrates both DOJ and BOP Strategic Goals and
Objectives. Each performance objective is linked with the costs of
critical strategic actions. The 2009 B&F budget request includes
resources to continue the New Construction base programs and provides a
small amount for the most critical modernization and repair needs of
existing institutions.

**FY 2009 Budget Request by Decision Unit**

[New Construction Base Funds: \$25,180,000]{.underline}

For FY 2009, \$25,180,000 in New Construction base funds are required to
provide for ongoing expenses within the decision unit. New Construction
base resources are essential to the program and are required for the
Oklahoma Transfer Center lease payments (approximately \$10
million/year); salaries and administrative costs of architects, project
managers, site selection, procurement, and other staff necessary to
carry out the program objective; environmental requirements and
geo-technical

exploration; construction of inmate work program areas;
expansion/conversion projects i.e. additional special housing unit
space; and any unforeseen preliminary project costs issues which can
arise and are not included in the individual project cost estimate.
Further, new construction base funds are utilized when site
investigations are required for a project in which a specific location
has not yet been identified.

[Modernization and Repair: \$70,627,000]{.underline}

It is extremely important that sufficient funding for the M&R program be
provided to address the most critical repair and safety projects in
order to maintain operational Federal prisons. For FY 2009, an M&R base
amount of \$70,627,000 is requested. This level for M&R will fund some
of the most basic repairs of BOP's aging facilities' infrastructures.

Number range CHAPTERThe M&R program provides the necessary resources to
undertake essential rehabilitation, renovation and replacement projects
at existing institutions to ensure that structures, utilities systems,
and other plant facilities are kept in a good state of repair.

The BOP strives to follow the recommendations of the Federal Facilities
Council (FFC), which recommends that facilities maintenance programs
should be funded at a minimum percentage of their replacement value. The
replacement value methodology for annual M&R funding requests was first
implemented in FY 2000, and should ensure a reliable funding stream to
extend the useful life of BOP institutions.

Delays in completing needed repairs would increase the number and cost
of unfunded projects as well as contribute to additional deterioration
of BOP's aging and inadequate infrastructures. M&R is essential to
institution security because deteriorated facilities can add to
increased risk of escape, inability to lock down cells, or violence due
to inadequate living conditions.

**Challenges**

The major challenge the BOP continues to face is how to care for and
manage the increasing Federal inmate population, while maintaining
appropriately safe and secure prisons. The system-wide crowding level in
BOP facilities is currently 36 percent above rated capacity, below the
bureau's overcrowding target for the end of FY 2008, and is estimated to
climb to 42 percent by the end of FY 2009.

For almost 30 years, the BOP has effectively managed dramatic inmate
population growth. In FY 2007, the total inmate population grew by 7,436
net additional inmates. The growth in low security special population
inmates may be accommodated through the use of private prison contracts,
if funding for this need is made available. However, the majority of
growth (about 5,900) is in medium and high security inmates, which
requires additional BOP capacity by adding beds where infrastructure
would support an expansion, and building and activating new secure
institutions.

One-third of the BOP's 114 institutions are over 50 years old (37 as of
January 2008). The BOP prioritizes its major M&R projects in order to
maintain safe and secure facilities and minimize the amount of
unobligated funds at the close of each fiscal year. The threshold for
"major" projects equals \$300,000 and over. Additional resources are
required to reduce the backlog and fund some of the critical and failing
infrastructure needs such as roof repairs and perimeter fence security
systems. Maintaining sufficient M&R resources is essential to ensuring
BOP facilities are kept in a good state of repair for the safety of
staff, inmates, and the surrounding communities. Failure to adequately
maintain structures and utility systems erodes capital investment and
multiplies the costs in future years for accomplishing the required
maintenance and repair. This is particularly important given the
Administration's emphasis on agency asset management planning processes.

It has been particularly challenging to manage the Federal prisoner
population at higher security levels. It is important to note that at
the medium security level, more than half of the inmates are drug
traffickers or weapons offenders, nearly 80 percent have a history of
violence, and the average sentence exceeds 10 years. At the high
security level, more than 70 percent of the inmates are drug offenders,
weapons offenders, or robbers and another 14 percent have been convicted
of murder, aggravated assault, or kidnapping, and the average sentence
exceeds 15 years. Also, more than 60 percent of high security inmates
have been sanctioned for violating prison rules, and nearly 90 percent
have a history of violence.

Further, with the War on Terrorism, the BOP's work has taken on
significantly greater risks with the incarceration of high-profile
convicted terrorists such as: Zacarias Mossaoui, Nidal Ayyad (World
Trade Center Bomber), Terry Nichols, Sheik Rahman, Richard Reid, and
Ramzi Yousef.

**III: Appropriations Language and Analysis of Appropriations Language**

**Appropriations Language**

The 2009 budget estimates include proposed changes in the appropriation
language listed and explained below. New language is italicized and
underlined, and language proposed for deletion is bracketed.

**Buildings and Facilities**

For planning, acquisition of sites and construction of new facilities;
purchase and acquisition of facilities and remodeling, and equipping of
such facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
\[\$372,720,000\] *[\$95,807,000]{.underline}* , to remain available
until expended, of which not to exceed \$14,000,000 shall be available
to construct areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under this
appropriation. (Department of Justice Appropriations

Act, 2008.)\]

**[Analysis of Appropriations Language]{.underline}**

No substantive changes proposed.

**IV. Decision Unit Justification**

**A. New Construction**

  ---------------------------------- ---------- ---------- ---------------
  New Construction TOTAL             Perm. Pos. FTE        Amount

  2007 Enacted with Rescissions      134        116        \$368,875

  2007 Supplementals                 0          0          0

  2007 Enacted w/Rescissions &       134        116        368,875
  Supps.                                                   

  2008 Enacted                       136        115        302,720

  Adjustments to Base and Tech. Adj. 0          3          (277,540)

  2009 Current Services              136        118        25,180

  2009 Program Increases             0          0          0

  2009 Request                       136        118        25,180

  Total Change 2008-2009             0          3          (277,540)
  ---------------------------------- ---------- ---------- ---------------

1\. Program Description

**[New Construction]{.underline}**

For FY 2009, \$25,180,000 in New Construction base funds are required to
provide for ongoing expenses within the decision unit. New Construction
base resources are essential to the program and are required for the
Oklahoma Transfer Center lease payments (approximately \$10 million per
year); salaries and administrative costs of architects, project
managers, site selection, procurement, and other staff necessary to
carry out the program objective; environmental requirements and
geo-technical exploration; construction of inmate work program areas;
expansion/conversion projects i.e. additional special housing unit
space; and any unforeseen preliminary project costs issues which may
arise and are not included in the individual project cost estimate.
Further, new construction base funds are utilized when site
investigations are required for a project in which a specific location
has not yet been identified.

The BOP is at the end of the administration of justice pipeline. Most
criminal justice agencies have some degree of discretion in controlling
their workloads, typically through priority systems developed to ensure
that the most important cases are handled first. However, the BOP has no
choice but to accept all inmates sentenced to confinement by the Federal
courts. In addition, in accordance with the D.C. Revitalization Act of
1997, the BOP must accept responsibility for the District of Columbia
sentenced felon population.

The BOP continuously reviews capacity requirements, considers the
current and projected inmate population levels, current law enforcement
initiatives, geographic origin of the confined population, and the age
and condition of existing facilities. As Federal inmate population
levels are projected to continue increasing, every possible action is
taken to protect the community, while keeping institutional crowding at
manageable

levels to ensure that Federal inmates continue to serve their sentences
in a safe and humane environment.

The BOP strives to accommodate its population in the safest and most
cost effective manner. Increased capacity is accomplished through the
utilization of contract facilities, expansion of existing facilities,
acquisition and conversion of military and other properties to prison
use, and the ongoing design and construction of new prisons, consistent
with the capacity plan.

From a cost perspective, the expansion of existing institutions is
considered by BOP to be a cost effective technique for increasing prison
capacity, and the BOP is currently adding housing units at facilities
where program space and systems infrastructure can absorb further
population increases. However, where major program and support areas
such as food service and utilities are already seriously over capacity,
expansion may be cost prohibitive and other alternatives need to be
considered.

It has been particularly challenging to manage the Federal prisoner
population at higher security levels. It is important to note that at
the medium security level, more than half of the inmates are drug
traffickers or weapons offenders, nearly 80 percent have a history of
violence, and the average sentence exceeds 10 years. At the high
security level, more than 70 percent of the inmates are drug offenders,
weapons offenders, or robbers and another 14 percent have been convicted
of murder, aggravated assault, or kidnapping, and the average sentence
exceeds 15 years. Also, more than 60 percent of high security inmates
have been sanctioned for violating prison rules, and nearly 90 percent
have a history of violence

<table>
<colgroup>
<col style="width: 8%" />
<col style="width: 13%" />
<col style="width: 4%" />
<col style="width: 6%" />
<col style="width: 5%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 9%" />
<col style="width: 8%" />
<col style="width: 7%" />
<col style="width: 12%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="12"><strong>PERFORMANCE AND RESOURCES TABLE</strong></td>
</tr>
<tr class="even">
<td colspan="12"><strong>Decision Unit: New Construction</strong></td>
</tr>
<tr class="odd">
<td colspan="12"><strong>DOJ Strategic Goal/Objective: 3.3</strong></td>
</tr>
<tr class="even">
<td colspan="2"><strong>Workload/Resources</strong></td>
<td colspan="2"><strong>Final Target</strong></td>
<td colspan="2"><p><strong>(Projected)</strong></p>
<p><strong>Actual</strong></p></td>
<td colspan="2"><strong>Projected</strong></td>
<td colspan="2"><strong>Changes</strong></td>
<td colspan="2"><strong>Requested (Total)</strong></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>2008 Enacted</strong></td>
<td colspan="2"><p><strong>Current Services</strong></p>
<p><strong>Adjustments and FY 2009 Program</strong></p></td>
<td colspan="2"><strong>FY 2009 Request</strong></td>
</tr>
<tr class="even">
<td colspan="2"><strong>Workload:</strong></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>1. Number of beds added (BOP
facilities)</strong></td>
<td colspan="2">2,679</td>
<td colspan="2">2,679</td>
<td colspan="2">1,664</td>
<td colspan="2">(1,664)</td>
<td colspan="2">0</td>
</tr>
<tr class="even">
<td colspan="2"><strong>2. End of Year Capacity (BOP
facilities)</strong></td>
<td colspan="2">122,189</td>
<td colspan="2">122,189</td>
<td colspan="2">123,853</td>
<td colspan="2">0</td>
<td colspan="2">123,853</td>
</tr>
<tr class="odd">
<td colspan="2" rowspan="2"><strong>Total Costs and FTE</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
</tr>
<tr class="even">
<td>259</td>
<td>$432,425</td>
<td>259</td>
<td>$432,425</td>
<td>258</td>
<td>$372,720</td>
<td>3</td>
<td>(276,913)</td>
<td>261</td>
<td>$95,807</td>
</tr>
<tr class="odd">
<td><strong>TYPE/ STRATEGIC OBJECTIVE</strong></td>
<td><strong>Performance</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>FY 2008 Enacted</strong></td>
<td colspan="2"><p><strong>Current Services</strong></p>
<p><strong>Adjustments and FY 2009 Program Change</strong></p></td>
<td colspan="2"><strong>FY 2009 Request</strong></td>
</tr>
<tr class="even">
<td><strong>Program Activity</strong></td>
<td></td>
<td><p><strong>FTE</strong></p>
<p>116</p></td>
<td><p><strong>$000</strong></p>
<p>$368,875</p></td>
<td><p><strong>FTE</strong></p>
<p>116</p></td>
<td><p><strong>$000</strong></p>
<p>$368,875</p></td>
<td><p><strong>FTE</strong></p>
<p>115</p></td>
<td><p><strong>$000</strong></p>
<p>$302,720</p></td>
<td><p><strong>FTE</strong></p>
<p>3</p></td>
<td><p><strong>$000</strong></p>
<p>($277,540)</p></td>
<td><p><strong>FTE</strong></p>
<p>118</p></td>
<td><p><strong>$000</strong></p>
<p>$25,180</p></td>
</tr>
<tr class="odd">
<td><strong>Performance Measure</strong></td>
<td><strong>3. Number of Environmental Impact Studies/Environmental
Assessments completed</strong></td>
<td colspan="2">2</td>
<td colspan="2">0</td>
<td colspan="2">2</td>
<td colspan="2">(1)</td>
<td colspan="2">1</td>
</tr>
<tr class="even">
<td><p><strong>Performance</strong></p>
<p><strong>Measure</strong></p></td>
<td><strong>4. Number of major construction awards</strong></td>
<td colspan="2">2</td>
<td colspan="2">2</td>
<td colspan="2">1</td>
<td colspan="2">(1)</td>
<td colspan="2">0</td>
</tr>
<tr class="odd">
<td><strong>OUTCOME</strong></td>
<td><strong>5. Number of facilities completed</strong></td>
<td colspan="2">1</td>
<td colspan="2">1</td>
<td colspan="2">0</td>
<td colspan="2">0</td>
<td colspan="2">0</td>
</tr>
<tr class="even">
<td><strong>OUTCOME</strong></td>
<td><strong>6. System-wide crowding level *</strong></td>
<td colspan="2">36%</td>
<td colspan="2">37%</td>
<td colspan="2">39%</td>
<td colspan="2">3%</td>
<td colspan="2">42%</td>
</tr>
<tr class="odd">
<td colspan="12"><p>Data Definition, Validation, Verification, and
Limitations: Number range CHAPTER</p>
<p><strong>Data Definition</strong>: The number of beds equates to rated
capacity. <u>Medium security facilities</u>: strengthened perimeters,
mostly cell-type housing, work and treatment programs and a higher
staff-to-inmate ratio than low security facilities. <u>High security
facilities</u>: also known as U.S. Penitentiaries, highly secure
perimeters, multiple and single cell housing, highest staff-to-inmate
ratio, close control of inmate movement. For new construction projects,
a Notice to Proceed (NTP) is issued by the contracting officer, shortly
after award of a design-build contract. The NTP authorizes the
contractor to begin work under the contract, initially the start of
design. Mission critical facilities are all existing BOP
institutions.</p>
<p><strong>Data Collection and Storage</strong>: Data are gathered from
several computer systems. Each project is assigned a specific project
code. Each obligation and expenditure is entered into FMIS by the
specific project code. . Award of a design-build contract for new
construction projects are maintained and monitored through the BOP’s
fund control system and DOJ’s FMIS. The status of all critical mission
facilities are maintained in the BOP’s on-line system (SENTRY) as well
as the daily generated prisoner population reports.</p>
<p><strong>Data Validation and Verification</strong>: Within BOP
headquarters, staff retrieve and verify data on a daily basis, analyze
it, and formulate reports and projections. Subject matter experts review
and analyze population and capacity levels daily, both overall and by
security level. The BOP Capacity Planning Committee (CPC), comprised of
top BOP officials, meets bi-monthly to review, verify, and update
population projections and capacity needs for the BOP. Purchase requests
for design-build contracts are approved by specific project management
staff (based on dollar threshold limitations); commitments are entered
into a computer based fund control system; and purchase requests are
forwarded for procurement action. Once the procurement office awards a
contract/purchase order, the obligation is entered into the DOJ FMIS.
Each month, FMIS obligations are reconciled with the BOP’s fund control
register by project, and forwarded to the Central Office Finance Branch,
Business Office, to ensure accuracy and compliance. The contracting
officer issues the NTP, shortly after award of a design-build contract.
The award of a contract is based on completing the procurement of the
contract and receipt of the necessary environmental or political
requirements or clearances.</p>
<p><strong>Data Limitations</strong>: Due to the unpredictable
environment in prisons and other external factors, there may often be
discrepancies between projected and actual numbers contained in the
performance tables. Most plans are developed based on historical data,
and past experience to project for the future. In addition, budget
delays and shortfalls also affect performance results. The time required
for a project to go from NTP to “completion” depends on numerous
factors, such as: the extent of site development or remediation
activities required; climate of the project site (how many months of
good construction weather); what time of year the NTP is issued; unusual
weather; unforeseen site conditions; and quality of management by the
contractor.</p></td>
</tr>
</tbody>
</table>

<table style="width:100%;">
<colgroup>
<col style="width: 11%" />
<col style="width: 19%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 7%" />
<col style="width: 6%" />
<col style="width: 7%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 7%" />
<col style="width: 6%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="12">Number range CHAPTER<strong>PERFORMANCE MEASURE
TABLE</strong></td>
</tr>
<tr class="even">
<td colspan="12">Decision Unit: New Construction</td>
</tr>
<tr class="odd">
<td colspan="2" rowspan="2">Performance Report and Performance Plan
Targets</td>
<td>FY 2001</td>
<td>FY2002</td>
<td>FY 2003</td>
<td>FY 2004</td>
<td>FY 2005</td>
<td>FY 2006</td>
<td colspan="2">FY 2007</td>
<td>FY 2008</td>
<td>FY 2009</td>
</tr>
<tr class="even">
<td>Actual</td>
<td>Actual</td>
<td>Actual</td>
<td>Actual</td>
<td>Actual</td>
<td>Actual</td>
<td>Target</td>
<td>Actual</td>
<td>Target</td>
<td>Target</td>
</tr>
<tr class="odd">
<td><p>Performance</p>
<p>Measure</p></td>
<td>Number of Environmental Impact Studies/Environmental Assessments
completed</td>
<td>8</td>
<td>0</td>
<td>0</td>
<td>1</td>
<td>1</td>
<td>1</td>
<td>2</td>
<td>2</td>
<td>4</td>
<td>1</td>
</tr>
<tr class="even">
<td><p>Performance</p>
<p>Measure</p></td>
<td>Number or major construction awards</td>
<td>6</td>
<td>2</td>
<td>2</td>
<td>0</td>
<td>1</td>
<td>0</td>
<td>3</td>
<td>3</td>
<td>1</td>
<td>0</td>
</tr>
<tr class="odd">
<td><p>OUTCOME</p>
<p>Measure</p></td>
<td>CComplet<strong>. Number of</strong> fa Number of facilities
completed</td>
<td>4</td>
<td>2</td>
<td>2</td>
<td>9</td>
<td>1</td>
<td>2</td>
<td>1</td>
<td>1</td>
<td>0</td>
<td>0</td>
</tr>
<tr class="even">
<td><p>OUTCOME</p>
<p>Measure</p></td>
<td>System-wide Crowding in Federal Prisons</td>
<td>32%</td>
<td>33%</td>
<td>39%</td>
<td>41%</td>
<td>34%</td>
<td>36%</td>
<td>36%</td>
<td>37%</td>
<td>39%</td>
<td>42%</td>
</tr>
</tbody>
</table>

**3**Number range CHAPTER**. Performance, Resources, and Strategies**

The New Construction decision unit contributes directly to the
Department's Strategic Goal 3: Ensure the Fair and Efficient
Administration of Justice.

**a. Performance Plan and Report for Outcomes**

As illustrated in the preceding Performance and Resources Table, the
outcome measures for this decision unit are: Number of facilities
completed/constructed and System-wide crowding level.

In FY 2008, construction completion and the activation of an expansion
at FCI Otisville, New York is planned. In FY 2008, the activation
process of one new institution (FCI Pollock, Louisiana) is expected to
begin, dependent on sufficient operations funding. Construction
completion of FCI Pollock was accomplished in February 2007.

For FY 2009, the BOP continues development of various ongoing
construction projects, but does not plan to complete or begin activation
of any of those projects by the end of the Fiscal Year.

The BOP activated one prison expansion in FY 2007, but with nearly 7,500
new inmates, BOP missed the target by 1 percent with a 37 percent actual
system-wide crowding rate. Population projections for FY 2008 to FY 2009
are based on data and information from a variety of sources including
the Administrative Office of the U.S. Courts, U.S. Sentencing
Commission, the Executive Office for United States Attorneys, the Office
of the Federal Detention Trustee, the Drug Enforcement Administration,
the Federal Bureau of Investigation, and the BOP's own information
system (SENTRY). The FY 2008 crowding target is 39 percent and the FY
2009 crowding target is projected to increase to 42 percent.

**b. Strategies to Accomplish Outcomes**

Acquire needed capacity through a multi-pronged approach of contracts
with private providers of correctional services, with other units of
government, and new construction, and ensure that existing facilities
are safe and secure.

**c. Results of Program Assessment Rating Tool (PART)) Reviews**

The BOP's B&F program was PARTed in FY 2005 for the FY 2007 budget
process. During this process, the BOP's B&F program received a score of
61.2 percent and a rating of "Adequate." While BOP's program was found
to be strong overall, the PART analysis suggested that BOP take greater
advantage of public and private sector bed space to meet its capacity
requirements. In FY 2006, the Criminal Alien Requirement (CAR) V
contract (1,200 new beds for criminal aliens) was awarded, and the BOP
completed the ramp up of Moshannon Valley private facility. In addition,
the CAR VI contract was awarded in January 2007 to five offerors to
house low security criminal alien inmates currently under BOP custody.
Finally, the FY 2008 Enacted provides annualization of prior year
increases which will fund 1,079 beds. The FY 2009 Congressional budget
includes funding for 2,622 beds.

[Action]{.underline}: The BOP has constructed 11 new medium and high
security facilities and is committed to contracting out for low and
minimum security inmates. There are 109,500 low and minimum security
inmates, and about 28,000 are housed in contract confinement.

[Status]{.underline}: The BOP completed construction of 11 new medium
and high security facilities in FY 2004/FY 2005, completed one in
January 2006 (FCI Butner, NC) and one in April 2006 (SFF Hazelton, WV).
In addition, FCI Pollock, LA was completed in February 2007. Also, BOP
continues to demonstrate its commitment to contracting out for low and
minimum security inmates. On January 3, 2008, 33,489 inmates were housed
in contract confinement. This is an increase from 14.9 percent at the
end of FY 2005 and 15.6 percent at the end of FY 2006 to 16.8 percent on
January 3, 2008.

[Action]{.underline}: The BOP is beginning to take greater advantage of
State, local and private sector bed space to meet its space
requirements.

[Status]{.underline}: The BOP continues to add contract low security
beds consistent with funding, to help reduce crowding. The CAR V
contract (1,200 new beds for Criminal Aliens) was awarded on May 24,
2006. On January 17, 2007, the BOP awarded multiple CAR VI contracts to
five offerors to house low security criminal alien inmates currently in
BOP custody. Additionally, the BOP completed the ramp up of the
Moshannon Valley private facility in FY 2007. The FY 2008 Enacted
annualizes of prior year increases which support an increase of
approximately 1,100 contract beds. The FY 2009 Congressional budget
includes \$50 million to begin the procurement of 4,000 new contract
beds.

[Action]{.underline}: Analyze, review and provide summary on staffing
efficiencies, savings and cost avoidances associated with the
procurement of electrified security fences. The BOP expects to award
contracts in FY 2006 for \$10 million to procure lethal electrified
fences at seven high security federal prisons. The BOP believes this
technology will serve as heightened security and help deter potential
escapes and operate more cost-effectively by reducing the guard towers,
and redesigning staffing patterns.

[Status]{.underline}: The BOP awarded a contract on April 14, 2006, to
have stun/lethal electric perimeter fencing installed at 7 newly
constructed high security facilities ( USP Coleman, FL I and II; USP
Terre Haute, IN; USP McCreary, KY;USP Tucson, AZ; USP Pollock, LA; and
USP Hazelton, WV). Construction has begun on the stun/lethal electric
perimeter fence at all 7 sites. This project is planned to be completed
in phases at the 7 sites by summer 2008. Upon completion of this
project, and implementation of electric fencing, the BOP expects to
achieve an annual savings of 165 positions and FTE and associated annual
cost avoidance of over \$11 million.

[Action]{.underline}: System-wide crowding at federal correctional
facilities has been in excess of 30 percent for the past several years.
The BOP is evaluating crowding conditions, and rated capacity may need
to be adjusted.

[Status]{.underline}: The OMB required the BOP to complete an assessment
of the "the acceptable level of crowding in federal prisons". The BOP
completed the assessment, reviewed the study with DOJ leadership and
forwarded it on March 28, 2006. The study concluded that the acceptable
level of crowding should be reduced substantially, as high levels of
crowding lead to serious assaults. The study involved a time span of
more than 8 ½ years and documented the higher level of serious assaults
that are associated with crowding.

[Action]{.underline}: Perform an independent, non-biased evaluation
and/or validation of the Program Review Division's program audit review
procedures of the construction program to ensure compliance with PART
guidelines. If possible, enhance and modify BOP's existing program
evaluation approach to provide the most rigorous evidence and
recommendations possible. This approach will be high quality, of
sufficient scope unbiased and independent, and conducted on a regular
basis, covering targeted aspects of new construction and modernization
and repair programs.

[Status]{.underline}: The GAO completed and recently closed its
independent study of the BOP's Capital Asset Program. This requirement
was completed with OMB's Concurrence.

B. Modernization and Repair

  ---------------------------------- ---------- ---------- ---------------
  Modernization and Repair TOTAL     Perm. Pos. FTE        Amount

  2007 Enacted with Rescissions      141        143        \$63,550

  2007 Supplementals                 0          0          0

  2007 Enacted w/Rescissions &       141        143        63,550
  Supps.                                                   

  2008 Enacted                       141        143        70,000

  Adjustments to Base and Tech. Adj. 0          0          627

  2009 Current Services              141        143        70,627

  2009 Program Increases             0          0          0

  2009 Request                       141        143        70,627

  Total Change 2008-2009             0          0          627
  ---------------------------------- ---------- ---------- ---------------

1\. Program Description

**[Modernization and Repair]{.underline}**

The Modernization and Repair (M&R) program provides the resources to
undertake essential rehabilitation, modernization and renovation of
buildings, other structures, and associated systems, necessary
modifications to meet legal requirements and accommodate correctional
programs, repair or replacement of utilities systems and other critical
infrastructure and repair projects at existing institutions in order to
keep all systems and structures in a good state of repair. Proper
maintenance, modernization, and repair of BOP institutions is essential.
Failure to adequately maintain structures and utility systems erodes
capital investment and multiplies the costs in future years for
accomplishing the required maintenance and repair. Most important,
failure to maintain structures can cause direct and/or indirect security
problems.

Most maintenance and repair projects are performed using inmate work
crews. This provides instructional work for inmates and labor for the
work to be performed. Inmate work crews require staff supervision to
direct the work being performed and for obvious security reasons.

One-third of the BOP's 114 institutions are over 50 years old (37 as of
January 2008), and most have not undergone major renovations from the
time they were constructed or acquired and converted to prison use by
the BOP. Each facility has numerous buildings, as well as inmate living
quarters on the compound, many of which require extensive work to
maintain an adequate state of repair to assure that they meet
established standards. Prison facilities are subjected to much heavier
than normal use, since they are continuously used 24 hours a day, 365
days a year. Due to crowded conditions, at medium and high security,
these facilities are over utilized, which is causing extensive wear and
tear, as well as premature deterioration. This is especially true in
many of the older facilities where the utility system infrastructures
(water, sewer, electrical, and heating/air conditioning) were originally
designed for a smaller inmate population.

Institutions perform detailed annual inspections of all areas of their
physical plants and provide a list of projects to their regional office
for all items which are in need of remedial action. The six regional
offices consolidate project request lists from their facilities and
forward the priority lists to the central office. The central office
prioritizes all the M&R project requests submitted by the regions and
allocates funds for as many projects as practical.

Currently, the BOP has 688 ongoing M&R projects at various stages of
completion. Individual project costs range from a low of \$10,000 to
millions of dollars. To manage this volume of projects and resources
most efficiently, the BOP has significantly improved the M&R program by
using long range master planning with detailed surveys of older
facilities; establishing a project time limit policy (3 years); and the
replacement value method of requesting annual funding.

To address the large inventory of older facilities, the BOP established
a Long Range Master Plan that includes surveys of pertinent facilities.
The first facilities to be surveyed were those which are over 50 years
old and have not had any major renovations. Surveys are conducted by
contractors to determine the extent of renovations required to bring the
older facilities to an adequate state of repair, and whether the costs
of repair would equal or exceed the cost of replacing the facility.
Survey results, along with other known renovation needs, are then used
by management in a long range plan, so M&R projects can be prioritized
and planned well in advance.

A three year time limit policy for M&R projects was implemented in 1998
to ensure that institutions either complete scheduled projects in a
timely manner, or the project is cancelled. When a project is cancelled,
the funding is applied to the next highest priority project. All
projects are monitored so local, regional, and central office management
are informed of projects which may not meet the time limit. The number
of M&R projects being cancelled per fiscal year decreased from 65 in FY
2002 down to 48 in FY 2004, and only 20 projects cancelled in FY 2006.

The replacement value method of funding was first implemented in FY 2000
which allowed the BOP to adopt a project management approach to the M&R
program, since it should ensure a reliable funding stream and stable
work force. This method is based on recommendations of the Federal
Facilities Council (FFC). It is extremely important that sufficient
funding for the M&R program be provided to address the most critical
repair and safety projects in order to safely operate and maintain
Federal prison facilities.

Using this method of funding rather than the previous line item method,
projects are planned well in advance, and preliminary/preparation work
is performed prior to the scheduled start of the projects. Previously,
preliminary work could not always be

performed since this required considerable expense, and there was no
assurance projects would be funded. In addition, staff and jobs can now
be scheduled to meet the unique requirements of each institution and
project; i.e. shifting inmates between housing units at a given
institution. The level of planning provided by this funding method
enables management to obligate funds and start projects on schedule,
which was not previously the case. Under the prior method, projects were
funded up-front as line items, so staff and funding were dedicated to
specific projects which could not be started until
preliminary/preparation work was completed.

This approach has shortened the time required to complete large M&R
projects, through concurrent management of projects in phases, based on
projected availability of funds. Under this method, managers can plan
projects in smaller stages over a longer period of time and can schedule
work to allow for regional and seasonal weather conditions, as well as
the unique needs of the facilities and availability of local
contractors. Prior to this method, it could take BOP from 4 to 5 years
to complete large M&R projects. With the replacement value method, the
time to complete these projects can be reduced by 2 to 3 years.

The BOP has made significant progress in improving environmental and
energy performance and intends to build on this success by integrating
and updating prior practices and requirements into a cohesive strategic
approach. This will further ensure enhanced performance and compliance
with statutory and legal requirements. The BOP is investigating energy
saving by actively utilizing the Energy Saving Performance Contract
(ESPC) finance mechanism permitted by Executive Order 13423 and Energy
Policy Act's.

ESPC is a contract that provides for the performance of services for the
design, acquisition, financing, installation, testing, operation, and
where appropriate, maintenance and repair, of an identified energy or
water conservation measure or series of measures at one or more
locations. The contractor must incur costs of implementing energy
savings measures, including at least the cost (if any) incurred in
making energy audits, acquiring and installing equipment, and training
personnel in exchange for a predetermined share of the value of the
energy savings directly resulting from implementation of such measures
during the term of the contract. Payment to the contractor is contingent
upon realizing a guaranteed stream of future energy and cost savings,
with any savings in excess of that guaranteed by the contractor accruing
to the Federal Government. The BOP has eighteen ESPC's in different
phases, and plans to look into the utilization of these contacts at
every institution were it is practical.

The BOP M&R projects are classified under five general categories for
internal management purposes, (Life Safety, General Improvements,
Infrastructure Improvements, Hazardous Waste and Energy Savings). Within
each of these categories are special projects to meet various
regulations and codes requirements. Life Safety projects are required to
make corrective actions in order to comply with National Fire

Code (NFPA 101) standards. General Improvement projects are established
to modernize and/or improve equipment, entire rooms, such as kitchens,
or buildings that require total rehabilitation of structures, including
walls, and utilities. Infrastructure Improvement

projects are established to modernize or replace utilities, such as
water pipes and electrical systems. Hazardous Waste projects are
established to abate hazardous waste, such as asbestos, through removal,
encapsulation, and other methods as necessary. Energy Savings projects
are established to conserve energy by using more energy efficient
equipment and systems. Energy projects are also required to meet
pertinent energy conservation laws and regulations.

The five categories may also contain subcategories of projects (such as
Accessibility, Environmental and others) to meet specific needs. For
example, General Improvement projects may each include smaller
Accessibility projects to meet Architectural Barriers Act requirements.
Environmental projects are necessary for the BOP to be in compliance
with environmental and safety regulations required by the Environmental
Protection Agency (EPA) and the Office of Safety and Health
Administration (OSHA).

The M&R program has demonstrated substantial improvements through the
implementation of the Long Range Planning method with its associated
facility surveys, the project time limit policy, and the replacement
value method of requesting funding. These changes have helped the BOP
complete more projects in a shorter period of time and stretch its
repair dollars. The BOP has been able to substantially reduce the M&R
unobligated balance with the time limit policy, from over \$118 million
in FY 1999 down to \$23.5 million at the end of FY 2007.

<table>
<colgroup>
<col style="width: 9%" />
<col style="width: 15%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 5%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 9%" />
<col style="width: 9%" />
<col style="width: 7%" />
<col style="width: 7%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="12"><strong>PERFORMANCE AND RESOURCES TABLE</strong></td>
</tr>
<tr class="even">
<td colspan="12"><strong>Decision Unit: Modernization and Repair of
Existing Facilities</strong></td>
</tr>
<tr class="odd">
<td colspan="12"><strong>DOJ Strategic Goal/Objective: 3.3</strong></td>
</tr>
<tr class="even">
<td colspan="2"><strong>Workload/Resources</strong></td>
<td colspan="2"><strong>Final Target</strong></td>
<td colspan="2"><p><strong>(Projected)</strong></p>
<p><strong>Actual</strong></p></td>
<td colspan="2"><strong>Projected</strong></td>
<td colspan="2"><strong>Changes</strong></td>
<td colspan="2"><strong>Requested (Total)</strong></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>2008 Enacted</strong></td>
<td colspan="2"><p><strong>Current Services</strong></p>
<p><strong>Adjustments and FY 2009 Program Change</strong></p></td>
<td colspan="2"><strong>FY 2009 Request</strong></td>
</tr>
<tr class="even">
<td colspan="2"><strong>Workload:</strong></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
<td colspan="2"></td>
</tr>
<tr class="odd">
<td colspan="2"><strong>1. Total projects established</strong></td>
<td colspan="2">297</td>
<td colspan="2">377</td>
<td colspan="2">425</td>
<td colspan="2">15</td>
<td colspan="2">440</td>
</tr>
<tr class="even">
<td colspan="2" rowspan="2"><strong>Total Costs and FTE</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
<td><strong>FTE</strong></td>
<td><strong>$000</strong></td>
</tr>
<tr class="odd">
<td>259</td>
<td>$432,425</td>
<td>259</td>
<td>$432,425</td>
<td>258</td>
<td>$372,720</td>
<td>3</td>
<td>($276,913)</td>
<td>261</td>
<td>$95,807</td>
</tr>
<tr class="even">
<td><strong>TYPE/ STRATEGIC OBJECTIVE</strong></td>
<td><strong>Performance</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>FY 2008 Enacted</strong></td>
<td colspan="2"><p><strong>Current Services</strong></p>
<p><strong>Adjustments and FY 2009 Program Change</strong></p></td>
<td colspan="2"><strong>FY 2009 Request</strong></td>
</tr>
<tr class="odd">
<td><strong>Program Activity</strong></td>
<td></td>
<td><p><strong>FTE</strong></p>
<p>143</p></td>
<td><p><strong>$000</strong></p>
<p>$63,550</p></td>
<td><p><strong>FTE</strong></p>
<p>143</p></td>
<td><p><strong>$000</strong></p>
<p>$63,550</p></td>
<td><p><strong>FTE</strong></p>
<p>143</p></td>
<td><p><strong>$000</strong></p>
<p>$70,000</p></td>
<td><p><strong>FTE</strong></p>
<p>0</p></td>
<td><p><strong>$000</strong></p>
<p>$627</p></td>
<td><p><strong>FTE</strong></p>
<p>143</p></td>
<td><p><strong>$000</strong></p>
<p>$70,627</p></td>
</tr>
<tr class="even">
<td><strong>Performance Measure</strong></td>
<td><strong>2. Total projects completed and closed</strong></td>
<td colspan="2">375</td>
<td colspan="2">435</td>
<td colspan="2">340</td>
<td colspan="2">0</td>
<td colspan="2">340</td>
</tr>
<tr class="odd">
<td><p><strong>Performance</strong></p>
<p><strong>Measure</strong></p></td>
<td><strong>3. Total projects active at year end</strong></td>
<td colspan="2">514</td>
<td colspan="2">603</td>
<td colspan="2">688</td>
<td colspan="2">100</td>
<td colspan="2">788</td>
</tr>
<tr class="even">
<td><strong>OUTCOME</strong></td>
<td><p><strong>4. Court ordered remedial projects</strong></p>
<p><strong>5. Dollar value of fines for violations</strong></p></td>
<td colspan="2"><p>0</p>
<p>0</p></td>
<td colspan="2"><p>0</p>
<p>0</p></td>
<td colspan="2"><p>0</p>
<p>0</p></td>
<td colspan="2"><p>0</p>
<p>0</p></td>
<td colspan="2"><p>0</p>
<p>0</p></td>
</tr>
<tr class="odd">
<td><strong>Performance Measure</strong></td>
<td><p><strong>6. Number of facilities over 30 years old</strong></p>
<p><strong>7. Number of facilities over 50 years old</strong></p>
<p><strong>8. Long range master plan for facilities over 50 years old in
development</strong></p>
<p><strong>9. Long range master plan for facilities over 50
years</strong></p>
<p><strong>old – completed</strong></p></td>
<td colspan="2"><p>55</p>
<p>36</p>
<p>0</p>
<p>25</p></td>
<td colspan="2"><p>55</p>
<p>36</p>
<p>0</p>
<p>25</p></td>
<td colspan="2"><p>57</p>
<p>37</p>
<p>0</p>
<p>25</p></td>
<td colspan="2"><p>3</p>
<p>1</p>
<p>0</p>
<p>0</p></td>
<td colspan="2"><p>60</p>
<p>38</p>
<p>0</p>
<p>25</p></td>
</tr>
<tr class="even">
<td colspan="12"><p>Data Definition, Validation, Verification, and
Limitations: Number range CHAPTER</p>
<p><strong>Data Definition</strong>:. <u>Medium security facilities</u>:
strengthened perimeters, mostly cell-type housing, work and treatment
programs and a higher staff-to-inmate ratio than low security
facilities. <u>High security facilities</u>: also known as U.S.
Penitentiaries, highly secure perimeters, multiple and single cell
housing, highest staff-to-inmate ratio, close control of inmate
movement. The three-year time limit policy for M&amp;R projects means
that institutions are allowed three years to complete scheduled projects
or the project is canceled and the funds are committed to other high
priority M&amp;R projects. To ensure that electronic equipment utilized
for life safety sustains trouble-free operation, the BOP schedules life
cycle equipment replacement based on a ten-year cycle. The critical
equipment is radio systems and PBX (Public Branch Exchange) systems.
Mission critical facilities are all existing BOP institutions.</p>
<p><strong>Data Collection and Storage</strong>: Data are gathered from
several computer systems. Each project is assigned a specific project
code. Each obligation and expenditure is entered into FMIS by the
specific project code. Modernization and Repair (M&amp;R) projects are
closely monitored to ensure completion and closure prior to the 3-year
expiration. At the start of every fiscal year, the BOP’s Central Office
identifies the M&amp;R projects that will reach the 3-year expiration by
the end of that fiscal year. The BOP relies on an in-house house data
base in Microsoft Access and DOJ’s FMIS to effectively track and manage
M&amp;R projects (dates and costs). The BOP uses the Total Maintenance
System (TMS) program to determine nationally which radio, PBX System and
equipment qualify for replacement annually, based on age and
performance.</p>
<p><strong>Data Validation and Verification</strong>: Within BOP
headquarters, staff retrieve and verify data on a daily basis, analyze
it, and formulate reports and projections. Subject matter experts review
and analyze population and capacity levels daily, both overall and by
security level. Purchase requests are approved by specific project
management staff (based on dollar threshold limitations); commitments
are entered into a computer based fund control system; and purchase
requests are forwarded for procurement action. Once the procurement
office awards a contract/purchase order, the obligation is entered into
the DOJ FMIS. Each month, FMIS obligations are reconciled with the BOP’s
fund control register by project, and forwarded to the Central Office
Finance Branch, Business Office, to ensure accuracy and compliance.
M&amp;R data is maintained in the Microsoft Access database and is
verified periodically against FMIS which also tracks the financial
status of projects. On an annual basis, the BOP’s Central Office
Facilities Branch documents which electronic equipment, utilized for
life safety, will be at the end of the ten year life cycle. This is
accomplished through review and evaluation of the systems by field
staff, the contractor, and close monitoring of the TMS program. Each
institution enters their data into the TMS program and the information
on the critical equipment is reviewed and verified by their respective
Regional Office for accurate dates and equipment condition. .</p>
<p><strong>Data Limitations</strong>: Due to the unpredictable
environment in prisons and other external factors, there may often be
discrepancies between projected and actual numbers contained in the
performance tables. Most plans are developed based on historical data,
and past experience to project for the future. In addition, budget
delays and shortfalls also affect performance results. For example, due
to budget shortfalls in the past the M&amp;R program could not complete
all required equipment replacements based on the ten-year life cycle due
to limited funds, and some replacements had to be delayed to the
following year.</p></td>
</tr>
</tbody>
</table>

<table>
<colgroup>
<col style="width: 8%" />
<col style="width: 24%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 7%" />
<col style="width: 7%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="12">Number range CHAPTER<strong>PERFORMANCE MEASURE
TABLE</strong></td>
</tr>
<tr class="even">
<td colspan="12">Decision Unit: Modernization &amp; Repair</td>
</tr>
<tr class="odd">
<td colspan="2" rowspan="2">Performance Report and Performance Plan
Targets</td>
<td>FY2001</td>
<td>FY2002</td>
<td>FY 2003</td>
<td>FY 2004</td>
<td>FY 2005</td>
<td>FY 2006</td>
<td colspan="2">FY 2007</td>
<td>FY 2008</td>
<td>FY 2009</td>
</tr>
<tr class="even">
<td>Actual</td>
<td>Actual</td>
<td>Actual</td>
<td>Actual</td>
<td>Actual</td>
<td>Actual</td>
<td>Target</td>
<td>Actual</td>
<td>Target</td>
<td>Target</td>
</tr>
<tr class="odd">
<td><p>Performance</p>
<p>Measure</p></td>
<td>M&amp;R projects: Completed/Active</td>
<td>638/949</td>
<td>478/743</td>
<td>476/725</td>
<td>474/770</td>
<td>461/781</td>
<td>423/592</td>
<td>375/514</td>
<td>435/603</td>
<td>340/688</td>
<td>340/788</td>
</tr>
<tr class="even">
<td><p>Performance</p>
<p>Measure</p></td>
<td>Number of facilities over 30 years old</td>
<td>44</td>
<td>47</td>
<td>49</td>
<td>51</td>
<td>52</td>
<td>55</td>
<td>55</td>
<td>55</td>
<td>57</td>
<td>60</td>
</tr>
<tr class="odd">
<td><p>Performance</p>
<p>Measure</p></td>
<td>Number of facilities over 50 years old</td>
<td>31</td>
<td>33</td>
<td>33</td>
<td>33</td>
<td>35</td>
<td>36</td>
<td>36</td>
<td>36</td>
<td>37</td>
<td>38</td>
</tr>
<tr class="even">
<td><p>Performance</p>
<p>Measure</p></td>
<td><p>Long range master plan for facilities over</p>
<p>50 years old in development</p></td>
<td>4</td>
<td>5</td>
<td>3</td>
<td>1</td>
<td>1</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
<td>0</td>
</tr>
<tr class="odd">
<td><p>Performance</p>
<p>Measure</p></td>
<td><p>Long range master plan for facilities over</p>
<p>50 years completed</p></td>
<td>15</td>
<td>16</td>
<td>17</td>
<td>20</td>
<td>24</td>
<td>25</td>
<td>25</td>
<td>25</td>
<td>25</td>
<td>25</td>
</tr>
</tbody>
</table>

**3Number range CHAPTER. Performance, Resources, and Strategies**

The Modernization and Repair (M&R) decision unit contributes directly to
the Department's Strategic Goal 3: Ensure the Fair and Efficient
Administration of Justice.

**a. Performance Plan and Report for Outcomes**

As illustrated in the preceding Performance and Resources Table, the
outcome measures for this decision unit are: Court ordered remedial
projects and Dollar value of fines for violations. In FY 2007, there
were no court ordered remedial projects.

The BOP projects that there will continue to be no court ordered
remedial projects or dollar value of fines for violations in FY 2008 to
FY 2009. The BOP follows a plan to assure that existing facilities meet
established standards.

Institutions perform detailed annual inspections of all areas of their
physical plants and provide a list of projects to their regional office
for all items which are in need of remedial action, and they are placed
on a priority list for funding. However, projects could be delayed due
to budget constraints and limited resources.

In FY 2008, the BOP plans to complete and close 340 M&R projects,
leaving 688 active at Fiscal Year end.

For FY 2009, the BOP estimates that 340 M&R projects will be completed
and closed, and 788 remaining active at Fiscal Year end.

**b. Strategies to Accomplish Outcomes**

Ensure that existing facilities are safe and secure.

**c. Result of Program Assessment Rating Tool (PART) Reviews**

See New Construction Programs Decision Unit

**E. Justification for Base Adjustments**

**Justification for Base Adjustments**

**Federal Prison System**

**Building and Facilities**

[Increases]{.underline}

[2009 pay raise.]{.underline} This request provides for a proposed 2.9
percent pay raise to be effective in January of 2009. This increase
includes locality pay adjustments as well as the general pay raise. The
amount requested, \$[627,000]{.underline} , represents the pay amounts
for ¾ of the fiscal year plus appropriate benefits
(\$[439,000]{.underline} for pay and \$[188,000]{.underline} for
benefits).

[Annualization of 2008 pay raise.]{.underline} This pay annualization
represents first quarter amounts (October through December) of the 2008
pay increase of 3.5 percent included in the 2008 President's Budget. The
amount requested \$[203,000]{.underline}, represents the pay amounts for
¼ of the fiscal year plus appropriate benefits (\$[142,000]{.underline}
for pay and \$[61,000]{.underline} for benefits).

[Retirement.]{.underline} Agency retirement contributions increase as
employees under CSRS retire and are replaced by FERS employees. Based on
U.S. Department of Justice Agency estimates, we project that the DOJ
workforce will convert from CSRS to FERS at a rate of 1.3 percent per
year. The requested increase of \$[45,000]{.underline} is necessary to
meet our increased retirement obligations as a result of this
conversion.

[Health Insurance:]{.underline} Effective January 2007, this component's
contribution to Federal employee's health insurance premiums increased
by [2.5]{.underline} percent. Applied against the 2008 estimate of
\$[1,248]{.underline}, the additional amount required is
\$[31,000]{.underline}.

[Postage:]{.underline} Effective May 14, 2007, the Postage Service
implemented a rate increase of 5.1 percent. This percentage was applied
to the 2008 estimate of \$[172,000]{.underline} to arrive at an increase
of \$[9,000]{.underline}.

[Positions and Workyears Associated with Construction
Projects:]{.underline} Required workyears associated with construction
funding received in FY 2007 for FCI Mendota, CA.

[^1]: The population increases in the 1980s were a result of Federal law
    enforcement efforts and new legislation that dramatically altered
    sentencing in the Federal criminal justice system. The Sentencing
    Reform Act of 1984 established determinate sentencing, abolished
    parole, and reduced good time. Additionally, several mandatory
    minimum sentencing provisions were enacted in 1986, 1988, and 1990.
    The large inmate population increases of FY 1998 - 2000 were mainly
    due to higher number of prosecutions of drug defendants, immigration
    cases, and weapon offenses. The increase in FY 2001 is attributed to
    incarceration of District of Columbia sentenced felons in Federal
    prisons. Since 2002 the BOP continues to see a very high level of
    drug convictions that seem to have leveled off over the past 12
    months, but the immense growth in weapons convictions has continued
    (an increase of over 60 percent in the four year period of 2002 to
    2006), and immigration convictions (an increase of nearly 50 percent
    for the same period).