[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4405 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4405
To establish a joint task force to improve the collection of
restitution and improve oversight of the Bureau of Prisons Inmate Trust
Fund Accounts for the purpose of deterring illicit financial activity,
money laundering, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
June 15, 2022
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
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A BILL
To establish a joint task force to improve the collection of
restitution and improve oversight of the Bureau of Prisons Inmate Trust
Fund Accounts for the purpose of deterring illicit financial activity,
money laundering, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inmate Financial Accountability Task
Force Act''.
SEC. 2. TASK FORCE.
(a) In General.--The Attorney General (in consultation with the
Director of the Bureau of Prisons and the Director of the Executive
Office for United States Attorneys), the Director of the Administrative
Office of the United States Courts, the Secretary of Health and Human
Services (in consultation with the Commissioner of the Office of Child
Support Enforcement), the Secretary of the Treasury, and the Director
of the United States Marshals Service shall establish a joint task
force (referred to in this Act as the ``Inmate Financial Accountability
Task Force'') to develop--
(1) a strategic plan to improve the criminal and civil debt
collection process and establish an effective coordination
mechanism among each entity involved in that process; and
(2) a strategic plan to improve oversight of Bureau of
Prisons Inmate Trust Fund Accounts for detecting and deterring
illicit financial activity and money laundering.
(b) Required Review of Procedures.--Not later than 180 days after
the date of enactment of this Act, the Inmate Financial Accountability
Task Force shall--
(1) review the long-standing problems in the collection of
outstanding criminal and civil debt, including fragmented
processes and lack of coordination;
(2) review and enhance training and examination procedures
to improve the capabilities of criminal and civil debt
reporting and collection by Federal agencies;
(3) recommend the proper accounting, reporting, collecting,
and management of criminal and civil debt eligible for referral
to the Secretary of the Treasury for collection actions;
(4) review and enhance training and examination procedures
to improve the capabilities of anti-money laundering processes
to detect financial transactions relating to Bureau of Prisons
Inmate Trust Fund Accounts;
(5) review and enhance procedures for referring potential
cases relating to money laundering and illicit financial
activity to the appropriate law enforcement agency; and
(6) determine, as appropriate, whether requirements for the
Bureau of Prisons are sufficient to detect and deter money
laundering relating to Bureau of Prisons Inmate Trust Fund
Accounts.
(c) Reports.--
(1) Criminal and civil debt collection report.--Not later
than 1 year after the date of enactment of this Act, the Inmate
Financial Accountability Task Force shall submit to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on the Judiciary of the Senate and the Committee on
Financial Services and the Committee on the Judiciary of the
House of Representatives, a report containing--
(A) an analysis of criminal and civil debt
collection efforts of the Federal Government;
(B) appropriate legislative, administrative, and
other recommendations to strengthen criminal and civil
debt collection processes; and
(C) recommendations, including--
(i) feedback from stakeholders, including
financial institutions and advocacy groups for
victims of crime, on policy proposals derived
from the analysis conducted by the Inmate
Financial Accountability Task Force that would
enhance the efforts and programs of Federal and
State agencies to improve criminal and civil
debt reporting and collection, including any
recommended changes to internal policies,
procedures, and controls;
(ii) any recommended changes to expand
information sharing relating to criminal and
civil debt reporting and collection between
financial institutions, appropriate law
enforcement agencies, appropriate State
agencies, and appropriate Federal agencies;
(iii) any recommended changes to enhance
the efforts and programs of Federal and State
agencies to improve criminal and civil debt
reporting and collection and expand information
sharing of the Bureau of Prisons Inmate Trust
Fund Accounts with appropriate law enforcement
agencies; and
(iv) any recommended changes, if necessary,
to existing statutes to more effectively report
and collect criminal and civil debt.
(2) Anti-money laundering report.--Not later than 1 year
after the date of enactment of this Act, the Inmate Financial
Accountability Task Force shall submit to the Committee on
Banking, Housing, and Urban Affairs and the Committee on the
Judiciary of the Senate, the Committee on Financial Services
and the Committee on the Judiciary of the House of
Representatives, a report containing--
(A) an analysis of anti-money laundering efforts of
the Federal Government and Federal financial
institutions relating to Bureau of Prisons Inmate Trust
Fund Accounts;
(B) appropriate legislative, administrative, and
other recommendations to improve anti-money laundering
efforts relating to Bureau of Prisons Inmate Trust Fund
Accounts; and
(C) recommendations, including--
(i) feedback from Federal agencies on best
practices under successful programs related to
anti-money laundering efforts in place that may
be suitable for broader adoption by the
Director of the Bureau of Prisons;
(ii) feedback from stakeholders, including
law enforcement agencies and financial
institutions, on policy proposals derived from
the analysis conducted by the Inmate Financial
Accountability Task Force that would enhance
anti-money laundering efforts and oversight of
Bureau of Prisons Inmate Trust Fund Accounts,
including any recommended changes to internal
policies, procedures, and controls to improve
anti-money laundering efforts;
(iii) any recommended changes to training
programs at the Bureau of Prisons to better
equip employees to deter and detect money
laundering relating to Bureau of Prisons Inmate
Trust Fund Accounts; and
(iv) recommended changes, if necessary, to
existing statutes to more effectively detect
and deter money laundering relating to Bureau
of Prisons Inmate Trust Fund Accounts.
(d) Limitation.--Nothing in this Act shall be construed to grant
rulemaking authority to the Inmate Financial Accountability Task Force.
(e) Bureau of Prisons Inmate Trust Fund Accounts.--In this Act, the
term ``Bureau of Prisons Inmate Trust Fund Accounts'' refers to--
(1) funds of Federal prisoners held in trust by the Bureau
of Prisons; and
(2) commissary funds of Federal prisoners.
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