End Banking for Human Traffickers Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 808 To increase the role of the financial industry in combating human trafficking. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 4, 2021 Mr. FITZPATRICK (for himself, Mr. KEATING, Mr. MCCAUL, and Mrs. CARO- LYN B. MALONEY of New York) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To increase the role of the financial industry in combating human trafficking. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘End Banking for 4 Human Traffickers Act of 2021’’. 5 SEC. 2. INCREASING THE ROLE OF THE FINANCIAL INDUS- 6 TRY IN COMBATING HUMAN TRAFFICKING. 7 (a) REQUIRED REVIEW OF PROCEDURES.—Not later 8 than 180 days after the date of the enactment of this Act, 9 VerDate Sep 11 2014 17:35 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H808.IH H808 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 808 IH the Financial Institutions Examination Council, in con- 1 sultation with the Secretary of the Treasury, the private 2 sector, victims of severe forms of trafficking in persons, 3 advocates of persons at risk of becoming victims of severe 4 forms of trafficking in persons, and appropriate law en- 5 forcement agencies, shall— 6 (1) review and enhance training and examina- 7 tions procedures to improve the capabilities of anti- 8 money laundering and countering the financing of 9 terrorism programs to detect financial transactions 10 relating to severe forms of trafficking in persons; 11 (2) review and enhance procedures for referring 12 potential cases relating to severe forms of trafficking 13 in persons to the appropriate law enforcement agen- 14 cy; and 15 (3) determine, as appropriate, whether require- 16 ments for financial institutions are sufficient to de- 17 tect and deter money laundering relating to severe 18 forms of trafficking in persons. 19 (b) INTERAGENCY TASK FORCE RECOMMENDATIONS 20 TARGETING MONEY LAUNDERING RELATED TO HUMAN 21 TRAFFICKING.— 22 (1) IN GENERAL.—Not later than 270 days 23 after the date of the enactment of this Act, the 24 Interagency Task Force To Monitor and Combat 25 VerDate Sep 11 2014 17:35 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H808.IH H808 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 808 IH Trafficking shall submit to the Committee on Finan- 1 cial Services and the Committee on the Judiciary of 2 the House of Representatives, the Committee on 3 Banking, Housing, and Urban Affairs and the Com- 4 mittee on the Judiciary of the Senate, and the head 5 of each Federal banking agency— 6 (A) an analysis of anti-money laundering 7 efforts of the United States Government and 8 United States financial institutions relating to 9 severe forms of trafficking in persons; and 10 (B) appropriate legislative, administrative, 11 and other recommendations to strengthen ef- 12 forts against money laundering relating to se- 13 vere forms of trafficking in persons. 14 (2) REQUIRED RECOMMENDATIONS.—The rec- 15 ommendations under paragraph (1) shall include— 16 (A) feedback from financial institutions on 17 best practices of successful programs to combat 18 severe forms of trafficking in persons currently 19 in place that may be suitable for broader adop- 20 tion by similarly situated financial institutions; 21 (B) feedback from stakeholders, including 22 victims of severe forms of trafficking in per- 23 sons, advocates of persons at risk of becoming 24 victims of severe forms of trafficking in per- 25 VerDate Sep 11 2014 17:35 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H808.IH H808 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 808 IH sons, and financial institutions, on policy pro- 1 posals derived from the analysis conducted by 2 the task force referred to in paragraph (1) that 3 would enhance the efforts and programs of fi- 4 nancial institutions to detect and deter money 5 laundering relating to severe forms of traf- 6 ficking in persons, including any recommended 7 changes to internal policies, procedures, and 8 controls relating to severe forms of trafficking 9 in persons; 10 (C) any recommended changes to training 11 programs at financial institutions to better 12 equip employees to deter and detect money 13 laundering relating to severe forms of traf- 14 ficking in persons; 15 (D) any recommended changes to expand 16 information sharing relating to severe forms of 17 trafficking in persons among financial institu- 18 tions and between such financial institutions, 19 appropriate law enforcement agencies, and ap- 20 propriate Federal agencies; and 21 (E) recommended changes, if necessary, to 22 existing statutory law to more effectively detect 23 and deter money laundering relating to severe 24 forms of trafficking in persons, where such 25 VerDate Sep 11 2014 17:35 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H808.IH H808 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 808 IH money laundering involves the use of emerging 1 technologies and virtual currencies. 2 (c) LIMITATION.—Nothing in this Act shall be con- 3 strued to— 4 (1) grant rulemaking authority to the Inter- 5 agency Task Force To Monitor and Combat Traf- 6 ficking; or 7 (2) encourage financial institutions to deny 8 services to victims of trafficking, victims of severe 9 forms of trafficking in persons, or individuals not re- 10 sponsible for promoting severe forms of trafficking 11 in persons. 12 (d) DEFINITIONS.—As used in this section— 13 (1) the term ‘‘Federal banking agency’’ has the 14 meaning given the term in section 3(q) of the Fed- 15 eral Deposit Insurance Act (12 U.S.C. 1813(q)); 16 (2) the term ‘‘severe forms of trafficking in per- 17 sons’’ has the meaning given such term in section 18 103 of the Trafficking Victims Protection Act of 19 2000 (22 U.S.C. 7102); 20 (3) the term ‘‘Interagency Task Force To Mon- 21 itor and Combat Trafficking’’ means the Interagency 22 Task Force To Monitor and Combat Trafficking es- 23 tablished by the President pursuant to section 105 24 VerDate Sep 11 2014 17:35 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H808.IH H808 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 808 IH of the Trafficking Victims Protection Act of 2000 1 (22 U.S.C. 7103); and 2 (4) the term ‘‘law enforcement agency’’ means 3 an agency of the United States, a State, or a polit- 4 ical subdivision of a State, authorized by law or by 5 a government agency to engage in or supervise the 6 prevention, detection, investigation, or prosecution of 7 any violation of criminal or civil law. 8 SEC. 3. MINIMUM STANDARDS FOR THE ELIMINATION OF 9 TRAFFICKING. 10 Section 108(b) of the Trafficking Victims Protection 11 Act of 2000 (22 U.S.C. 7106(b)) is amended by adding 12 at the end the following new paragraph: 13 ‘‘(13) Whether the government of the country, 14 consistent with the capacity of the country, has in 15 effect a framework to prevent financial transactions 16 involving the proceeds of severe forms of trafficking 17 in persons, and is taking steps to implement such a 18 framework, including by investigating, prosecuting, 19 convicting, and sentencing individuals who attempt 20 or conduct such transactions.’’. 21 Æ VerDate Sep 11 2014 17:35 Feb 24, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H808.IH H808 pamtmann on DSKBC07HB2PROD with BILLS