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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8131 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 8131

  To improve the oversight of inmate accounts, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2024

Mr. Gooden of Texas (for himself, Mr. Tiffany, and Mr. Weber of Texas) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committee on Financial Services, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To improve the oversight of inmate accounts, 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 ``Bureau of Prisons Inmate Trust Fund 
Accountability Act''.

SEC. 2. PRISON INMATE FUNDS.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by inserting after section 4044 the following:
``Sec. 4044A. Oversight of inmate funds
    ``(a) Centralization and Digitization.--Not later than September 
30, 2025, the Director of the Bureau of Prisons, in coordination with 
the Director of the Financial Crimes Enforcement Network, shall 
centralize access to and digitize covered inmate accounts.
    ``(b) Monitoring.--Not later than September 30, 2025, and every 6 
months thereafter, the Director of the Bureau of Prisons, in 
coordination with the Director of the Financial Crimes Enforcement 
Network, shall monitor covered inmate accounts to deter and report 
illicit financial activity.
    ``(c) Monthly Account Information Transfers.--Not later than 
September 30, 2025, and every month thereafter, the Director of the 
Bureau of Prisons shall transfer any pertinent account information, 
including deposits and withdrawals, to the Treasury Offset Program of 
the Department of Treasury's Bureau of the Fiscal Service and the 
Office of Child Support Enforcement of the Department of Health and 
Human Services.
    ``(d) Application of TOP to Prisoner Trust Funds.--Covered inmate 
accounts shall be subject to the Treasury Offset Program, operated by 
the Department of the Treasury's Bureau of the Fiscal Service, with 
respect to any funds exceeding $500 for a fiscal year.
    ``(e) Debt Collection.--In carrying out subsection (d), the 
following shall apply:
            ``(1) Prioritization.--Payments shall be prioritized as 
        follows:
                    ``(A) Victim restitution.
                    ``(B) Child support.
                    ``(C) Other outstanding debts.
            ``(2) Management.--Appropriate efforts shall be made to 
        assist the inmate in making reasonable payments to satisfy the 
        debts of the inmate.
    ``(f) Definitions.--In this section:
            ``(1) Covered inmate accounts.--The term `covered inmate 
        accounts' means each inmate account in the following trust 
        funds:
                    ``(A) Funds of Federal prisoners.
                    ``(B) Commissary funds, Federal prisons.
            ``(2) Director of the bureau of prions.--The term `Director 
        of the Bureau of Prisons' means the Attorney General, acting 
        through the Director of the Bureau of Prisons.
            ``(3) Director of the financial crimes enforcement 
        network.--The term `Director of the Financial Crimes 
        Enforcement Network' means the Secretary of the Treasure, 
        acting through the Director of the Financial Crimes Enforcement 
        Network.''.
    (b) Clerical Amendment.--The table of sections for chapter 303 of 
title 18, United States Code, is amended by inserting after the item 
related to section 4044 the following:

``4044A. Oversight of inmate funds.''.

SEC. 3. BUREAU OF PRISONS SUSPICIOUS ACTIVITY REPORTS.

    Section 5318(g) of title 31, United States Code, is amended--
            (1) by redesignating paragraph (11) as paragraph (12); and
            (2) by inserting after paragraph (10) the following:
            ``(11) Reporting by the bureau of prisons.--
                    ``(A) In general.--The requirement to report a 
                suspicious transaction under this subsection shall 
                apply to the Attorney General (acting through the 
                Director of the Bureau of Prisons), with respect to 
                transactions in a covered trust fund, to the same 
                extent as such requirement applies to financial 
                institutions.
                    ``(B) Covered trust fund defined.--In this 
                paragraph, the term `covered inmate accounts' means 
                each inmate account in the following trust funds:
                            ``(i) Funds of Federal prisoners.
                            ``(ii) Commissary funds, Federal 
                        prisons.''.

SEC. 4. 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 section as the ``Inmate Financial 
Accountability Task Force'')--
            (1) to develop a strategic plan to improve the criminal and 
        civil debt collection process and establish an effective 
        coordination mechanism among each entity involved in such 
        process; and
            (2) to develop a strategic plan to improve oversight of 
        Bureau of Prison 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 section, 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 managing of criminal and civil debt eligible for referral 
        to Treasury for collection actions;
            (4) review and enhance training and examinations procedures 
        to improve the capabilities of anti-money laundering to detect 
        financial transactions relating to Bureau of Prison 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 
        Bureau of Prisons are sufficient to detect and deter money 
        laundering relating to Bureau of Prison Inmate Trust Fund 
        Accounts.
    (c) Reports.--
            (1) Criminal and civil debt collection report.--Not later 
        than 1 year after the date of the enactment of this section, 
        the Inmate Financial Accountability Task Force shall submit to 
        the Committee on Financial Services and the Committee on the 
        Judiciary of the House of Representatives, the Committee on 
        Banking, Housing, and Urban Affairs and the Committee on the 
        Judiciary of the Senate, a report containing--
                    (A) an analysis of criminal and civil debt 
                collection efforts of the United States Government;
                    (B) appropriate legislative, administrative, and 
                other recommendations to strengthen criminal and civil 
                debt collection processes; and
                    (C) required recommendations, including--
                            (i) feedback from stakeholders, including 
                        victims of crime advocacy groups, such as the 
                        National Association of Victim Assistance 
                        Administrators, National Association of Victim 
                        Compensation Board Administrators, National 
                        Child Support Enforcement Association, National 
                        Tribal Child Support Association, National 
                        Attorney General Association, Council of Prison 
                        Locals 33, and financial institutions, 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 Prison Trust Fund 
                        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 section, the Inmate 
        Financial Accountability Task Force shall submit to the 
        Committee on Financial Services and the Committee on the 
        Judiciary of the House of Representatives, the Committee on 
        Banking, Housing, and Urban Affairs and the Committee on the 
        Judiciary of the Senate, a report containing--
                    (A) an analysis of anti-money laundering efforts of 
                the United States Government and United States 
                financial institutions relating to Bureau of Prison 
                Inmate Trust Fund Accounts;
                    (B) appropriate legislative, administrative, and 
                other recommendations to improve anti-money laundering 
                efforts relating to Bureau of Prison Inmate Trust Fund 
                Accounts; and
                    (C) required recommendations, including--
                            (i) feedback from Federal agencies on best 
                        practices of successful programs related to 
                        anti-money laundering efforts in place that may 
                        be suitable for broader adoption by the 
                        Director of the Bureau of Prison;
                            (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 Prison 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 Prison Inmate 
                        Trust Fund Accounts; and
                            (iv) recommended changes, if necessary, to 
                        existing statute to more effectively detect and 
                        deter money laundering relating to Bureau of 
                        Prison Inmate Trust Fund Accounts.
    (d) Limitation.--Nothing in this section shall be construed to 
grant rulemaking authority to the Task Force.
    (e) Bureau of Prison Inmate Trust Fund Accounts.--In this section, 
the term ``Bureau of Prison Inmate Trust Fund Accounts'' refers to the 
following trust funds:
            (1) Funds of Federal prisoners.
            (2) Commissary funds, Federal prisons.
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