117 S4405 IS: Inmate Financial Accountability Task Force Act
U.S. Senate
2022-06-15
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II
117th CONGRESS
2d Session
S. 4405
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
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.
1.

Short title
This Act may be cited as the “Inmate Financial Accountability Task Force Act”.
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.