I 

111TH CONGRESS 

2D SESSION H. R. 4941 

To amend title 31, United States Code, to include means of access to funds 

or the value of funds in certain records and reports on monetary instrument transactions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2010 

Mrs. KIRKPATRICK of Arizona (for herself, Mr. FILNER, Ms. TITUS, Mr. 

RODRIGUEZ, and Mrs. LUMMIS) introduced the following bill; which was 

referred to the Committee on Financial Services 

A BILL 

To amend title 31, United States Code, to include means 

of access to funds or the value of funds in certain records 

and reports on monetary instrument transactions, and 

for other purposes. 

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 2010’’. 


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

2 VALUE OF FUNDS. 

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

4 Code, is amended— 

5 (1) by inserting after section 5316 the following 

6 new section: 

7 ‘‘§ 5316A. Reports on exporting and importing means 

8 of access to funds 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) REPORTS REQUIRED.—The Secretary of 

11 the Treasury, in consultation with the Secretary of 

12 Homeland Security, shall, by regulation and subject 

13 to the limitations of this section, require reports con14 cerning means of access to funds or the value of 

15 funds belonging or credited to a person. 

16 ‘‘(2) MEANS OF ACCESS TO FUNDS OR THE

17 VALUE OF FUNDS DEFINED.—The Secretary of the 

18 Treasury shall define the term ‘means of access to 

19 funds or the value of funds’ for purposes of this sec20 tion. Such definition shall— 

21 ‘‘(A) include means that a person, agent, 

22 or bailee can use to electronically— 

23 ‘‘(i) initiate transfers of funds; 

24 ‘‘(ii) obtain currency in place of funds 

25 or the value of funds; or 

26 ‘‘(iii) purchase goods or services; 


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1 ‘‘(B) include, but not be limited to, prepaid 

2 or stored value cards; and 

3 ‘‘(C) not include debit cards or credit 

4 cards, as such terms are defined under section 

5 603(r)(3) of the Fair Credit Reporting Act (15 

6 U.S.C. 1681a(r)(3)) and under section 103(k) 

7 of the Truth in Lending Act (15 U.S.C. 

8 1602(k)), respectively. 

9 ‘‘(b) REPORTS REQUIRED WHEN EXPORTING OR IM10 PORTING.—A person, or an agent or bailee of that person, 

11 shall as required by regulation file a report under this sec12 tion only when the person, agent, or bailee knowingly— 

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

14 transported a means of access to funds or the value 

15 of funds from a place in the United States to or 

16 through a place outside the United States or to a 

17 place in the United States from or through a place 

18 outside the United States; or 

19 ‘‘(2) receives a means of access to funds or the 

20 value of funds transported into the United States 

21 from or through a place outside the United States. 

22 ‘‘(c) TIMING AND CONTENT OF REPORTS.—A report 

23 under this section shall be filed at the time and place pre24 scribed by the Secretary of the Treasury, in consultation 

25 with the Secretary of Homeland Security. The report shall 


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1 contain the following information, to the extent the Sec2 retary of the Treasury, in consultation with the Secretary 

3 of Homeland Security, prescribes: 

4 ‘‘(1) The legal capacity in which the person fil5 ing the report is acting. 

6 ‘‘(2) The origin, destination, and route of the 

7 means of access to funds or the value of funds. 

8 ‘‘(3) When the means of access to funds or the 

9 value of funds is not legally and beneficially owned 

10 by the person transporting the such means of access, 

11 or if the person transporting such means of access 

12 personally is not going to use it, the identity of the 

13 person that gave such means of access to the person 

14 transporting it, the identity of the person who is to 

15 receive such means of access, or both. 

16 ‘‘(4) The amount and kind of funds or the 

17 value of funds to which the means of access to funds 

18 or the value of funds provides access, and the person 

19 to whom the funds or value of funds belong or are 

20 credited. 

21 ‘‘(5) Such additional information as the Sec22 retary of the Treasury, in consultation with the Sec23 retary of Homeland Security, determines to be ap24 propriate. 


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1 ‘‘(d) NONAPPLICABILITY TO CERTAIN COMMON CAR2 RIERS.—This section shall not apply to a common carrier 

3 of passengers when a passenger is transporting a means 

4 of access to funds or the value of funds, or to a common 

5 carrier of goods if the shipper does not declare such means 

6 of access. 

7 ‘‘(e) ADDITIONAL INFORMATION NEEDED TO FA8 CILITATE REPORTING.—The Secretary of the Treasury, in 

9 consultation with the Secretary of Homeland Security, 

10 may prescribe regulations under this section requiring a 

11 person that holds funds or the value of funds belonging 

12 or credited to another person, and that provides such 

13 other person a means of access to such funds or value, 

14 to provide information at the time and place and in the 

15 manner prescribed by the Secretary, in consultation with 

16 the Secretary of Homeland Security, in order to facilitate 

17 reporting under this section. Such information may in18 clude, but is not limited to, placing conspicuous markings 

19 on any tangible mechanism that constitutes, or together 

20 with a personal identification number, code, or other input 

21 comprises, a means of access to funds or the value of 

22 funds in order to manifest reportable characteristics of the 

23 means of access.’’; 

24 (2) in section 5316— 


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1 (A) by amending the heading to read as 

2 follows: 

3 ‘‘§ 5316. Reports on exporting and importing mone4 tary instruments and access devices’’; 

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

6 follows: 

7 ‘‘(a) Except as provided in subsection (c), a person 

8 or an agent or bailee of the person shall file a report under 

9 subsection (b) when the person, agent, or bailee know10 ingly— 

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

12 transported, monetary instruments, funds accessible 

13 by means of access to funds or the value of funds 

14 (as defined under section 5316A(a)(2)), or a com15 bination of monetary instruments and funds acces16 sible by such means of access, of more than $10,000 

17 at one time— 

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

19 or through a place outside the United States; or 

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

21 or through a place outside the United States; or 

22 ‘‘(2) receives monetary instruments, funds ac23 cessible by means of access to funds or the value of 

24 funds, or a combination of monetary instruments 

25 and funds accessible by such means of access, of 


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1 more than $10,000 at one time transported into the 

2 United States from or through a place outside the 

3 United States.’’; and 

4 (C) in subsection (b), by striking ‘‘Sec5 retary prescribes’’ and inserting ‘‘Secretary of 

6 the Treasury, in consultation with the Secretary 

7 of Homeland Security, prescribes’’; 

8 (3) by amending section 5317 to read as fol9 lows: 

10 ‘‘§ 5317. Search and forfeiture of monetary instru11 ments and access devices 

12 ‘‘(a) IN GENERAL.—The Secretary of the Treasury 

13 or the Secretary of Homeland Security may apply to a 

14 court of competent jurisdiction for a search warrant when 

15 such Secretary reasonably believes a monetary instrument 

16 or a tangible mechanism that constitutes, or together with 

17 a personal identification number, code, or other input 

18 comprises, a means of access to funds or the value of 

19 funds is being transported and a report on the instrument 

20 or means of access to funds or the value of funds under 

21 section 5316 or 5316A has not been filed or contains a 

22 material omission or misstatement. Such Secretary shall 

23 include a statement of information in support of the war24 rant. On a showing of probable cause, the court may issue 

25 a search warrant for a designated person or a designated 


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1 or described place or physical object. This subsection does 

2 not affect the authority of the Secretary of the Treasury 

3 or the Secretary of Homeland Security under any other 

4 provision of law. 

5 ‘‘(b) SEARCHES AT BORDER.—For purposes of en6 suring compliance with the requirements of section 5316 

7 and 5316A, a customs officer may stop and search, at the 

8 border and without a search warrant, any vehicle, vessel, 

9 aircraft, or other conveyance, any envelope or other con10 tainer, and any person entering or departing from the 

11 United States. 

12 ‘‘(c) FORFEITURE.— 

13 ‘‘(1) CRIMINAL FORFEITURE.— 

14 ‘‘(A) IN GENERAL.—The court in imposing 

15 sentence for any violation of section 5313, 

16 5316, 5316A, or 5324, or any conspiracy to 

17 commit such violation, shall order the defendant 

18 to forfeit all property, real or personal, involved 

19 in the offense, including but not limited to any 

20 tangible mechanism that constitutes, or to21 gether with a personal identification number, 

22 code, or other input comprises, a means of ac23 cess to funds or the value of funds, and any 

24 property traceable thereto. 


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1 ‘‘(B) PROCEDURE.—Forfeitures under this 

2 paragraph shall be governed by the procedures 

3 established in section 413 of the Controlled 

4 Substances Act. 

5 ‘‘(2) CIVIL FORFEITURE.—Any property in6 volved in a violation of section 5313, 5316, 5316A, 

7 or 5324, or any conspiracy to commit any such vio8 lation, and any property traceable to any such viola9 tion or conspiracy, may be seized and forfeited to 

10 the United States in accordance with the procedures 

11 governing civil forfeitures in money laundering cases 

12 pursuant to section 981(a)(1)(A) of title 18, United 

13 States Code.’’; 

14 (4) by amending section 5324(c) to read as fol15 lows: 

16 ‘‘(c) INTERNATIONAL TRANSACTIONS.—No person 

17 shall, for the purpose of evading the reporting require18 ments of section 5316 or 5316A— 

19 ‘‘(1) fail to file a report required by section 

20 5316 or 5316A, or cause or attempt to cause a per21 son to fail to file such a report; 

22 ‘‘(2) file or cause or attempt to cause a person 

23 to file a report required under section 5316 or 

24 5316A that contains a material omission or 

25 misstatement of fact; or 


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1 ‘‘(3) structure or assist in structuring, or at2 tempt to structure or assist in structuring, any im3 portation or exportation of monetary instruments or 

4 means of access to funds or the value of funds.’’; 

5 and 

6 (5) by amending section 5332 to read as fol7 lows: 

8 ‘‘§ 5332. Smuggling of cash, monetary instruments, 

9 and means of access to funds or the value 

10 of funds into or out of the United States 

11 ‘‘(a) CRIMINAL OFFENSE.— 

12 ‘‘(1) IN GENERAL.—Whoever, with the intent to 

13 evade a currency reporting requirement under sec14 tion 5316 or 5316A, knowingly conceals more than 

15 $10,000 in currency or other monetary instruments, 

16 or any tangible mechanism that constitutes, or to17 gether with a personal identification number, code, 

18 or other input comprises, a means of access to funds 

19 or the value of funds, on the person of such indi20 vidual or in any conveyance, article of luggage, mer21 chandise, or other container, and transports or 

22 transfers or attempts to transport or transfer such 

23 currency, other monetary instruments, or tangible 

24 mechanism from a place within the United States to 

25 a place outside of the United States, or from a place 


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1 outside the United States to a place within the 

2 United States, shall be guilty of a currency smug3 gling offense and subject to punishment pursuant to 

4 subsection (b). 

5 ‘‘(2) CONCEALMENT ON PERSON.—For pur6 poses of this section, the concealment of currency, 

7 other monetary instruments, or tangible mechanisms 

8 on the person of any individual includes concealment 

9 in any article of clothing worn by the individual or 

10 in any luggage, backpack, or other container worn or 

11 carried by such individual. 

12 ‘‘(b) PENALTY.— 

13 ‘‘(1) TERM OF IMPRISONMENT.—A person con14 victed of a currency smuggling offense under sub15 section (a), or a conspiracy to commit such offense, 

16 shall be imprisoned for not more than 5 years. 

17 ‘‘(2) FORFEITURE.—In addition, the court, in 

18 imposing sentence under paragraph (1), shall order 

19 that the defendant forfeit to the United States, any 

20 property, real or personal, involved in the offense, 

21 and any property traceable to such property. 

22 ‘‘(3) PROCEDURE.—The seizure, restraint, and 

23 forfeiture of property under this section shall be gov24 erned by section 413 of the Controlled Substances 

25 Act. 


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1 ‘‘(4) PERSONAL MONEY JUDGMENT.—If the 

2 property subject to forfeiture under paragraph (2) is 

3 unavailable, and the defendant has insufficient sub4 stitute property that may be forfeited pursuant to 

5 section 413(p) of the Controlled Substances Act, the 

6 court shall enter a personal money judgment against 

7 the defendant for the amount that would be subject 

8 to forfeiture. 

9 ‘‘(c) CIVIL FORFEITURE.— 

10 ‘‘(1) IN GENERAL.—Any property involved in a 

11 violation of subsection (a), or a conspiracy to com12 mit such violation, and any property traceable to 

13 such violation or conspiracy, may be seized and for14 feited to the United States. 

15 ‘‘(2) PROCEDURE.—The seizure and forfeiture 

16 shall be governed by the procedures governing civil 

17 forfeitures in money laundering cases pursuant to 

18 section 981(a)(1)(A) of title 18, United States Code. 

19 ‘‘(3) TREATMENT OF CERTAIN PROPERTY AS

20 INVOLVED IN THE OFFENSE.—For purposes of this 

21 subsection and subsection (b), any currency, other 

22 monetary instrument, or tangible mechanism that 

23 constitutes, or together with a personal identification 

24 number, code, or other input comprises, a means of 

25 access to funds or the value of funds that is conVerDate Nov 24 2008 03:01 Mar 27, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4941.IH H4941

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1 cealed or intended to be concealed in violation of 

2 subsection (a) or a conspiracy to commit such viola3 tion, any article, container, or conveyance used, or 

4 intended to be used, to conceal or transport the cur5 rency, other monetary instrument, or tangible mech6 anism, and any other property used, or intended to 

7 be used to facilitate the offense (including the funds 

8 or value of funds accessible by such tangible mecha9 nism at the time of the offense), shall be considered 

10 property involved in the offense.’’. 

Æ 


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