End Banking for Human Traffickers Act of 2021
Bill: H.R.808 | Sponsor: Rep. Fitzpatrick, Brian K. (R-PA)
Policy area: Finance and Financial Sector

Summary:
End Banking for Human Traffickers Act of 2021
This bill establishes requirements related to the use of financial transactions in human trafficking. The Financial Institutions Examination Council must review procedures to improve the capability of specified programs to target financial transactions relating to severe forms of human trafficking.
The Interagency Task Force to Monitor and Combat Trafficking must submit to Congress recommendations for the revision of anti-money laundering programs specifically targeting severe forms of human trafficking.
The bill provides additional criteria to be considered by the Department of State to indicate a country's serious and sustained efforts to eliminate human trafficking for purposes of certain foreign assistance. Specifically, the bill adds criteria regarding whether a country has taken or is taking steps to implement a framework for preventing financial transactions involving severe forms of human trafficking.

To increase the role of the financial industry in combating human 
                              trafficking.

    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 ``End Banking for Human Traffickers 
Act of 2021''.

SEC. 2. INCREASING THE ROLE OF THE FINANCIAL INDUSTRY IN COMBATING 
              HUMAN TRAFFICKING.

    (a) Required Review of Procedures.--Not later than 180 days after 
the date of the enactment of this Act, the Financial Institutions 
Examination Council, in consultation with the Secretary of the 
Treasury, the private sector, victims of severe forms of trafficking in 
persons, advocates of persons at risk of becoming victims of severe 
forms of trafficking in persons, and appropriate law enforcement 
agencies, shall--
            (1) review and enhance training and examinations procedures 
        to improve the capabilities of anti-money laundering and 
        countering the financing of terrorism programs to detect 
        financial transactions relating to severe forms of trafficking 
        in persons;
            (2) review and enhance procedures for referring potential 
        cases relating to severe forms of trafficking in persons to the 
        appropriate law enforcement agency; and
            (3) determine, as appropriate, whether requirements for 
        financial institutions are sufficient to detect and deter money 
        laundering relating to severe forms of trafficking in persons.
    (b) Interagency Task Force Recommendations Targeting Money 
Laundering Related to Human Trafficking.--
            (1) In general.--Not later than 270 days after the date of 
        the enactment of this Act, the Interagency Task Force To 
        Monitor and Combat Trafficking 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, and the head of each Federal banking agency--
                    (A) an analysis of anti-money laundering efforts of 
                the United States Government and United States 
                financial institutions relating to severe forms of 
                trafficking in persons; and
                    (B) appropriate legislative, administrative, and 
                other recommendations to strengthen efforts against 
                money laundering relating to severe forms of 
                trafficking in persons.
            (2) Required recommendations.--The recommendations under 
        paragraph (1) shall include--
                    (A) feedback from financial institutions on best 
                practices of successful programs to combat severe forms 
                of trafficking in persons currently in place that may 
                be suitable for broader adoption by similarly situated 
                financial institutions;
                    (B) feedback from stakeholders, including victims 
                of severe forms of trafficking in persons, advocates of 
                persons at risk of becoming victims of severe forms of 
                trafficking in persons, and financial institutions, on 
                policy proposals derived from the analysis conducted by 
                the task force referred to in paragraph (1) that would 
                enhance the efforts and programs of financial 
                institutions to detect and deter money laundering 
                relating to severe forms of trafficking in persons, 
                including any recommended changes to internal policies, 
                procedures, and controls relating to severe forms of 
                trafficking in persons;
                    (C) any recommended changes to training programs at 
                financial institutions to better equip employees to 
                deter and detect money laundering relating to severe 
                forms of trafficking in persons;
                    (D) any recommended changes to expand information 
                sharing relating to severe forms of trafficking in 
                persons among financial institutions and between such 
                financial institutions, appropriate law enforcement 
                agencies, and appropriate Federal agencies; and
                    (E) recommended changes, if necessary, to existing 
                statutory law to more effectively detect and deter 
                money laundering relating to severe forms of 
                trafficking in persons, where such money laundering 
                involves the use of emerging technologies and virtual 
                currencies.
    (c) Limitation.--Nothing in this Act shall be construed to--
            (1) grant rulemaking authority to the Interagency Task 
        Force To Monitor and Combat Trafficking; or
            (2) encourage financial institutions to deny services to 
        victims of trafficking, victims of severe forms of trafficking 
        in persons, or individuals not responsible for promoting severe 
        forms of trafficking in persons.
    (d) Definitions.--As used in this section--
            (1) the term ``Federal banking agency'' has the meaning 
        given the term in section 3(q) of the Federal Deposit Insurance 
        Act (12 U.S.C. 1813(q));
            (2) the term ``severe forms of trafficking in persons'' has 
        the meaning given such term in section 103 of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102);
            (3) the term ``Interagency Task Force To Monitor and Combat 
        Trafficking'' means the Interagency Task Force To Monitor and 
        Combat Trafficking established by the President pursuant to 
        section 105 of the Trafficking Victims Protection Act of 2000 
        (22 U.S.C. 7103); and
            (4) the term ``law enforcement agency'' means an agency of 
        the United States, a State, or a political subdivision of a 
        State, authorized by law or by a government agency to engage in 
        or supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal or civil law.

SEC. 3. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    Section 108(b) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7106(b)) is amended by adding at the end the following new 
paragraph:
            ``(13) Whether the government of the country, consistent 
        with the capacity of the country, has in effect a framework to 
        prevent financial transactions involving the proceeds of severe 
        forms of trafficking in persons, and is taking steps to 
        implement such a framework, including by investigating, 
        prosecuting, convicting, and sentencing individuals who attempt 
        or conduct such transactions.''.
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