HR 6729 RFS 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Empowering Financial 
Institutions to Fight Human Trafficking Act of 2018’’. 
SEC. 2. ANTI-MONEY LAUNDERING INFORMATION PRO-
VIDERS. 
(a) IN GENERAL.—Subchapter II of chapter 53 of 
title 31, United States Code, is amended by adding at the 
end the following: 
‘‘§ 5333. Anti-money laundering information pro-
viders 
‘‘(a) COOPERATION AMONG FINANCIAL INSTITU-
TIONS AND SOURCES OF INFORMATION ON HUMAN TRAF-
FICKING AND MONEY LAUNDERING.— 
‘‘(1) IN GENERAL.—Not later than the end of 
the 120-day period beginning on the date of enact-
ment of this section, the Secretary of the Treasury 
shall issue regulations to allow nonprofit organiza-
tions that the Secretary determines to be qualified to 
share information with financial institutions, asso-
ciations of financial institutions, their regulatory au-
thorities, and law enforcement agencies regarding in-
dividuals, entities, organizations, and countries sus-
pected of possible human trafficking or related 
money laundering activities. 
‘‘(2) COOPERATION AND INFORMATION SHAR-
ING PROCEDURES.—The regulations required under 
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paragraph (1) may include or create procedures for 
cooperation and information sharing focused on— 
‘‘(A) matters specifically related to those 
benefitting directly and indirectly from human 
trafficking, the means by which human traf-
fickers transfer funds within the United States 
and around the world, and the extent to which 
financial institutions, including depository insti-
tutions, asset managers, and insurers in the 
United States, are unwittingly involved in such 
matters or transfers and the extent to which 
such entities are at risk as a result; and 
‘‘(B) means of facilitating the identifica-
tion of accounts and transactions involving 
human traffickers and facilitating the exchange 
of information concerning such accounts and 
transactions between nonprofit organizations, 
financial institutions, regulatory authorities, 
and law enforcement agencies. 
‘‘(3) METHOD OF REGULATION.—The regula-
tions required under paragraph (1) may— 
‘‘(A) be made coextensive with the regula-
tions adopted pursuant to other programs, reg-
ulated by the Secretary, for sharing information 
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on unlawful activities between financial institu-
tions; 
‘‘(B) establish a registration process over-
seen by the Secretary that— 
‘‘(i) requires a nonprofit organization 
to demonstrate that they meet certain 
qualifications that the Secretary deter-
mines appropriate, including the establish-
ment of policies and procedures reasonably 
designed to ensure the prompt identifica-
tion and correction of inaccurate informa-
tion shared under paragraph (1); 
‘‘(ii) allows the Secretary to disqualify 
nonprofit organizations that do not meet 
such qualifications; and 
‘‘(iii) allows the Secretary to termi-
nate the registration of a nonprofit organi-
zation at any point if the Secretary deter-
mines such termination is appropriate and 
provides sufficient notice of such termi-
nation to the applicable nonprofit organiza-
tion; 
‘‘(C) require a nonprofit organization to 
register with the Secretary before sharing infor-
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mation that will be subject to the safe harbor 
provided under subsection (b); and 
‘‘(D) ensure that financial institutions, as-
sociations of financial institutions, their regu-
latory authorities, law enforcement authorities, 
and any other appropriate entities are made 
aware of those nonprofit organizations that are 
registered with the Secretary. 
‘‘(4) RECIPIENTS OF INFORMATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
determine those financial institutions which are 
eligible to be recipients of information from 
nonprofit organizations made in compliance 
with the regulations issued under subsection 
(a). Such eligible financial institutions may in-
clude those already participating in existing in-
formation sharing programs regulated by the 
Secretary regarding unlawful activity. 
‘‘(B) NO SAFE HARBOR FOR INFORMATION 
PROVIDED
TO
OTHER
FINANCIAL
INSTITU-
TIONS.—If a nonprofit organization shares in-
formation with a financial institution that is not 
eligible under subparagraph (A), such sharing 
of information shall not be subject to the safe 
harbor provided under subsection (b). 
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‘‘(5) INFORMATION SHARING BETWEEN FINAN-
CIAL INSTITUTIONS.—The regulations adopted pur-
suant to this section— 
‘‘(A) may be coextensive with other regula-
tions governing the sharing of information be-
tween financial institutions on suspected unlaw-
ful activities; and 
‘‘(B) shall allow financial institutions that 
receive information in compliance with the regu-
lations issued under subsection (a) to share 
such information with other financial institu-
tions through existing information sharing pro-
grams. 
‘‘(b) SAFE
HARBOR
FOR
INFORMATION
PRO-
VIDERS.— 
‘‘(1) IN GENERAL.—A nonprofit organization, 
financial institution, association of financial institu-
tions, regulatory authority of a financial institution, 
or law enforcement agency in compliance with the 
regulations issued under subsection (a) that trans-
mits or shares information described under sub-
section (a) for the purposes of identifying or report-
ing activities that may involve human trafficking 
acts or related money laundering activities shall not 
be liable to any person under any law or regulation 
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of the United States, any constitution, law, or regu-
lation of any State or political subdivision thereof, or 
under any contract or other legally enforceable 
agreement (including any arbitration agreement), for 
such disclosure or for any failure to provide notice 
of such disclosure to the person who is the subject 
of such disclosure, or any other person identified in 
the disclosure, except where such transmission or 
sharing violates this section or regulations issued 
pursuant to this section. 
‘‘(2) NO GOOD FAITH REQUIREMENT.—A non-
profit organization, financial institution, association 
of financial institutions, regulatory authority of a fi-
nancial institution, or law enforcement agency that 
transmits or shares information described under 
paragraph (1) shall not be required to demonstrate 
that such transmission or sharing was made on a 
good faith basis in order to receive the benefit of the 
safe harbor provided by paragraph (1). 
‘‘(c) NON-MANDATORY COMPLIANCE WITH THIS 
SECTION.—This section may not be construed as requir-
ing a nonprofit organization to comply with the regula-
tions issued under subsection (a) before sharing informa-
tion with a financial institution, association of financial 
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