HR 5742119th CongressIn Committee

BOPEN Act of 2025

Introduced: Oct 10, 2025

Sponsor: Rep. Van Drew, Jefferson [R-NJ-2] (R-New Jersey)

Standard Summary

Comprehensive overview in 1-2 paragraphs

This bill, titled the Bureau of Prisons Earnings Now Act of 2025 (BOPEN Act), would authorize a temporary, emergency funding mechanism to pay salaries and expenses of the Bureau of Prisons (BOP) during gaps in federal funding for fiscal years 2026 and 2027. Specifically, it would allow money from the Treasury that is not otherwise appropriated to be used to pay BOP staff if interim or full-year appropriations for FY2026 or FY2027 are not in effect. There is an exception for officers who must be appointed by the President with Senate approval. In short, the bill aims to keep BOP operations funded and staffed during potential funding gaps, using a contingency treasury source rather than waiting for a new appropriation.

Key Points

1Short title: The act may be cited as the Bureau of Prisons Earnings Now Act of 2025 (BOPEN Act of 2025).
2Temporary funding for BOP: Provides appropriations, out of any money in the Treasury not otherwise appropriated, to pay salaries and expenses of the Bureau of Prisons for periods when appropriations for FY2026 or FY2027 are not in effect.
3Timeframe of coverage: Applies during any period in which interim or full-year appropriations for FY2026 or FY2027 are not in effect.
4Source of funds: Funds would come from the Treasury's general fund (money not otherwise appropriated), i.e., a stopgap source rather than new permanent funding.
5Exemption: The temporary funding does not apply to any officer of the Bureau of Prisons who is required to be appointed by the President with the advice and consent of the Senate.

Impact Areas

Primary: Bureau of Prisons staff and operations (ensures payroll and operating expenses can be funded during funding gaps, helping avoid disruptions).Secondary: Federal budget process and taxpayers (uses a contingency Treasury source; could influence short-term fiscal planning during lapse periods; not creating a permanent funding line).Additional impacts: Keeps BOP functioning during potential appropriations gaps, but excludes high-level Senate-confirmed positions from this stopgap funding; may raise questions about budgeting and oversight during lapse periods.

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