II 

112TH CONGRESS 

1ST SESSION S. 1419 

To prevent the use of stored value cards and other electronic fund access 

means as methods for currency smuggling or money laundering. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2011 

Ms. KLOBUCHAR (for herself, Mr. UDALL of New Mexico, and Mrs. SHAHEEN) 

introduced the following bill; which was read twice and referred to the 

Committee on Banking, Housing, and Urban Affairs 

A BILL 

To prevent the use of stored value cards and other electronic 

fund access means as methods for currency smuggling 

or money laundering. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Anti-Cash Smuggling 

5 Act of 2011’’. 

6 SEC. 2. ADDITION OF MEANS OF ACCESS TO FUNDS OR THE 

7 VALUE OF FUNDS. 

8 Chapter 53 of subtitle IV of title 31, United States 

9 Code, is amended— 


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1 (1) by inserting after section 5316 the following 

2 new section: 

3 ‘‘§ 5316A. Reports on exporting and importing means 

4 of access to funds 

5 ‘‘(a) REQUIRED REPORTS.—The Secretary of the 

6 Treasury (in this section referred to as the ‘Secretary’) 

7 shall, by regulation and subject to the limitations of this 

8 section, require reports concerning means of access to 

9 funds or the value of funds belonging or credited to a per10 son that the person, agent, or bailee can use, including 

11 any prepaid or stored value cards to electronically— 

12 ‘‘(1) initiate a transfer of funds; 

13 ‘‘(2) obtain currency in place of funds or the 

14 value of funds; or 

15 ‘‘(3) purchase goods or services. 

16 ‘‘(b) LIMITATIONS.—Under the regulations issued 

17 under subsection (a), a person, or an agent or bailee of 

18 that person, shall be required to, file a report under this 

19 section only when the person, agent, or bailee knowingly— 

20 ‘‘(1) transports, is about to transport, or has 

21 transported a means of access subject to subsection 

22 (a) from a place in the United States to or through 

23 a place outside of the United States or to a place 

24 in the United States from or through a place outside 

25 of the United States; or 


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1 ‘‘(2) receives a means of access subject to sub2 section (a) transported into the United States from 

3 or through a place outside of the United States. 

4 ‘‘(c) FILING CRITERIA.—A report under this section 

5 shall be filed at such time and place as the Secretary pre6 scribes. The report shall contain, to the extent that the 

7 Secretary prescribes— 

8 ‘‘(1) the legal capacity in which the person fil9 ing the report is acting; 

10 ‘‘(2) the origin, destination, and route of the 

11 means of access; 

12 ‘‘(3) when the means of access is not legally 

13 and beneficially owned by the person transporting 

14 the means of access, or if the person transporting 

15 the means of access personally is not going to use 

16 it, the identity of the person that gave the means of 

17 access to the person transporting it, the identity of 

18 the person who is to receive it, or both; 

19 ‘‘(4) the amount and kind of funds or the value 

20 of funds to which the means of access provides ac21 cess, and the person to whom the funds or value of 

22 funds belong or are credited; and 

23 ‘‘(5) such additional information as the Sec24 retary deems appropriate to carry out this section. 


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1 ‘‘(d) EXCLUSION FOR COMMON CARRIERS.—This 

2 section does not apply to a common carrier of passengers 

3 when a passenger is transporting a means of access sub4 ject to subsection (a), or to a common carrier of goods 

5 if the shipper does not declare the means of access subject 

6 to subsection (a). 

7 ‘‘(e) ADDITIONAL AUTHORITY.—The Secretary may 

8 prescribe regulations under this section requiring a person 

9 that holds funds or the value of funds belonging or cred10 ited to another person, and that provides such other per11 son a means of access to such funds or value, to provide 

12 information at the time and place and in the manner pre13 scribed by the Secretary in order to facilitate reporting 

14 under this section. Such information may include, placing 

15 conspicuous markings on any tangible mechanism that 

16 constitutes, or together with a personal identification 

17 number, code, or other input comprises, a means of access 

18 to funds or the value of funds in order to manifest report19 able characteristics of the means of access. 

20 ‘‘(f) MEANS OF ACCESS TO FUNDS OR THE VALUE

21 OF FUNDS DEFINED.—The Secretary of the Treasury 

22 shall define the term ‘means of access to funds or the 

23 value of funds’ for purposes of this section. Such definition 

24 shall— 


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1 ‘‘(1) include means that a person, agent, or 

2 bailee can use to electronically— 

3 ‘‘(A) initiate transfers of funds; 

4 ‘‘(B) obtain currency in place of funds or 

5 the value of funds; or 

6 ‘‘(C) purchase goods or services; 

7 ‘‘(2) include prepaid or stored value cards; and 

8 ‘‘(3) not include debit cards or credit cards, as 

9 such terms are defined under section 603(r)(3) of 

10 the Fair Credit Reporting Act (15 U.S.C. 

11 1681a(r)(3)) and under section 103(k) of the Truth 

12 in Lending Act (15 U.S.C. 1602(k)), respectively.’’; 

13 (2) in section 5316— 

14 (A) by amending the section heading to 

15 read as follows: 

16 ‘‘§ 5316. Reports on exporting and importing mone17 tary instruments and access devices’’; 

18 and 

19 (B) by amending subsection (a) to read as 

20 follows: 

21 ‘‘(a) IN GENERAL.—Except as provided in subsection 

22 (c), a person or an agent or bailee of the person shall file 

23 a report under subsection (b) when the person, agent, or 

24 bailee knowingly— 


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1 ‘‘(1) transports, is about to transport, or has 

2 transported, monetary instruments, funds accessible 

3 by means of access defined by regulation under sec4 tion 5316A, or a combination of monetary instru5 ments and funds accessible by means of access de6 fined by regulation under section 5316A, of more 

7 than $10,000 at one time— 

8 ‘‘(A) from a place in the United States to 

9 or through a place outside of the United States; 

10 or 

11 ‘‘(B) to a place in the United States from 

12 or through a place outside of the United States; 

13 or 

14 ‘‘(2) receives monetary instruments, funds ac15 cessible by means of access defined by regulation 

16 under section 5316A, or a combination of monetary 

17 instruments and funds accessible by means of access 

18 defined by regulation under section 5316A, of more 

19 than $10,000 at one time transported into the 

20 United States from or through a place outside of the 

21 United States.’’; 

22 (3) in section 5317— 

23 (A) in the section heading, by inserting 

24 ‘‘and access devices’’ after ‘‘instru25 ments’’; 


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1 (B) by striking subsection (a) and insert2 ing the following: 

3 ‘‘(a) WARRANTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary of the 

5 Treasury (in this section referred to as the ‘Sec6 retary’) may submit to a court of competent jurisdic7 tion an application for a search warrant, which shall 

8 be accompanied by a statement of information in 

9 support of the warrant, when the Secretary reason10 ably believes— 

11 ‘‘(A) a monetary instrument or a tangible 

12 mechanism that constitutes, or together with a 

13 personal identification number, code, or other 

14 input comprises, a means of access to funds or 

15 the value of funds is being transported; and 

16 ‘‘(B) a report on the instrument or means 

17 of access to funds or the value of funds under 

18 section 5316 or 5316A has not been filed or 

19 contains a material omission or misstatement. 

20 ‘‘(2) GRANT OF APPLICATION.—On a showing 

21 of probable cause, the court may issue a search war22 rant for a designated person or a designated or de23 scribed place or physical object. 


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1 ‘‘(3) RULE OF CONSTRUCTION.—This sub2 section does not affect the authority of the Secretary 

3 under any other provision of law.’’; 

4 (C) in subsection (b), by inserting ‘‘or sec5 tion 5316A’’ after ‘‘section 5316’’; and 

6 (D) in subsection (c)— 

7 (i) in paragraph (1)(A)— 

8 (I) by inserting ‘‘5316A,’’ after 

9 ‘‘5316,’’; and 

10 (II) by inserting ‘‘(including any 

11 tangible mechanism that constitutes, 

12 or together with a personal identifica13 tion number, code, or other input 

14 comprises, a means of access to funds 

15 or the value of funds)’’ after ‘‘involved 

16 in the offense’’; and 

17 (ii) in paragraph (2), by inserting 

18 ‘‘5316A,’’ after ‘‘5316,’’; 

19 (4) in section 5324(c)— 

20 (A) in the subsection heading, by striking 

21 ‘‘MONETARY INSTRUMENT’’; 

22 (B) by inserting ‘‘or 5316A’’ after ‘‘section 

23 5316’’ each place it appears; and 


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1 (C) in paragraph (3), by inserting ‘‘or 

2 means of access to funds or the value of funds’’ 

3 before the period at the end; 

4 (5) in section 5332— 

5 (A) in the section heading, by striking 

6 ‘‘Bulk cash smuggling’’ and inserting 

7 ‘‘Smuggling of cash, monetary instru8 ments, and means of access to funds 

9 or the value of funds’’; 

10 (B) in subsection (a)— 

11 (i) in paragraph (1)— 

12 (I) by inserting ‘‘or 5316A’’ after 

13 ‘‘under section 5316’’; 

14 (II) by inserting ‘‘, or any tan15 gible mechanism that constitutes, or 

16 together with a personal identification 

17 number, code, or other input com18 prises, a means of access to funds or 

19 the value of funds,’’ after ‘‘monetary 

20 instruments’’ the first place it ap21 pears; and 

22 (III) by striking ‘‘such currency 

23 or monetary instruments’’ and insert24 ing ‘‘such currency, other monetary 


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1 instruments, or tangible mechanism’’; 

2 and 

3 (ii) in paragraph (2), by inserting ‘‘, 

4 other monetary instruments, or tangible 

5 mechanisms’’ after ‘‘concealment of cur6 rency’’; and 

7 (C) in subsection (c)(3)— 

8 (i) by striking ‘‘currency or other 

9 monetary instrument’’ the first place it ap10 pears and inserting ‘‘currency, other mone11 tary instrument, or tangible mechanism 

12 that constitutes, or together with a per13 sonal identification number, code, or other 

14 input comprises, a means of access to 

15 funds or the value of funds’’; 

16 (ii) by striking ‘‘currency or other 

17 monetary instrument’’ the second place it 

18 appears and inserting ‘‘currency, other 

19 monetary instrument, or tangible mecha20 nism’’; and 

21 (iii) by inserting ‘‘(including the funds 

22 or value of funds accessible by such tan23 gible mechanism at the time of the of24 fense)’’ after ‘‘facilitate the offense’’; and 

25 (6) in the table of sections— 


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1 (A) by striking the items relating to sec2 tions 5316 and 5317 and inserting the fol3 lowing: 

‘‘5316. Reports on exporting and importing monetary instruments and access 

devices. 

‘‘5316A. Reports on exporting and importing means of access to funds. 

‘‘5317. Search and forfeiture of monetary instruments and access devices.’’; 

4 and 

5 (B) by striking the item relating to section 

6 5332 and inserting the following: 

‘‘5332. Smuggling of cash, monetary instruments, and means of access to funds 

or the value of funds into or out of the United States.’’. 

Æ 


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