Bureau of Prisons Inmate Trust Fund Accountability Act

Bill: 118-hr-8131
Sponsor: full_name: Rep. Gooden, Lance [R-TX-5]
Introduced: 2024-04-26
Policy area: Crime and Law Enforcement
Latest action: action_date: 2024-04-26
text: 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.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 8131 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.

1. Short title This Act may be cited as the Bureau of Prisons Inmate Trust Fund Accountability Act . 2. Prison inmate funds (a) In general Chapter 303 of title 18, United States Code, is amended by inserting after section 4044 the following: 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. . 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. . 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.