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 instru-
ment 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Anti-Cash Smuggling 
Act of 2010’’. 
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SEC. 2. ADDITION OF MEANS OF ACCESS TO FUNDS OR THE 
VALUE OF FUNDS. 
Chapter 53 of subtitle IV of title 31, United States 
Code, is amended— 
(1) by inserting after section 5316 the following 
new section: 
‘‘§ 5316A. Reports on exporting and importing means 
of access to funds 
‘‘(a) IN GENERAL.— 
‘‘(1) REPORTS
REQUIRED.—The Secretary of 
the Treasury, in consultation with the Secretary of 
Homeland Security, shall, by regulation and subject 
to the limitations of this section, require reports con-
cerning means of access to funds or the value of 
funds belonging or credited to a person. 
‘‘(2) MEANS
OF
ACCESS
TO
FUNDS
OR
THE 
VALUE OF FUNDS DEFINED.—The Secretary of the 
Treasury shall define the term ‘means of access to 
funds or the value of funds’ for purposes of this sec-
tion. Such definition shall— 
‘‘(A) include means that a person, agent, 
or bailee can use to electronically— 
‘‘(i) initiate transfers of funds; 
‘‘(ii) obtain currency in place of funds 
or the value of funds; or 
‘‘(iii) purchase goods or services; 
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‘‘(B) include, but not be limited to, prepaid 
or stored value cards; and 
‘‘(C) not include debit cards or credit 
cards, as such terms are defined under section 
603(r)(3) of the Fair Credit Reporting Act (15 
U.S.C. 1681a(r)(3)) and under section 103(k) 
of the Truth in Lending Act (15 U.S.C. 
1602(k)), respectively. 
‘‘(b) REPORTS REQUIRED WHEN EXPORTING OR IM-
PORTING.—A person, or an agent or bailee of that person, 
shall as required by regulation file a report under this sec-
tion only when the person, agent, or bailee knowingly— 
‘‘(1) transports, is about to transport, or has 
transported a means of access to funds or the value 
of funds from a place in the United States to or 
through a place outside the United States or to a 
place in the United States from or through a place 
outside the United States; or 
‘‘(2) receives a means of access to funds or the 
value of funds transported into the United States 
from or through a place outside the United States. 
‘‘(c) TIMING AND CONTENT OF REPORTS.—A report 
under this section shall be filed at the time and place pre-
scribed by the Secretary of the Treasury, in consultation 
with the Secretary of Homeland Security. The report shall 
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‘‘(d) NONAPPLICABILITY TO CERTAIN COMMON CAR-
RIERS.—This section shall not apply to a common carrier 
of passengers when a passenger is transporting a means 
of access to funds or the value of funds, or to a common 
carrier of goods if the shipper does not declare such means 
of access. 
‘‘(e) ADDITIONAL INFORMATION NEEDED TO FA-
CILITATE REPORTING.—The Secretary of the Treasury, in 
consultation with the Secretary of Homeland Security, 
may prescribe regulations under this section requiring a 
person that holds funds or the value of funds belonging 
or credited to another person, and that provides such 
other person a means of access to such funds or value, 
to provide information at the time and place and in the 
manner prescribed by the Secretary, in consultation with 
the Secretary of Homeland Security, in order to facilitate 
reporting under this section. Such information may in-
clude, but is not limited to, placing conspicuous markings 
on any tangible mechanism that constitutes, or together 
with a personal identification number, code, or other input 
comprises, a means of access to funds or the value of 
funds in order to manifest reportable characteristics of the 
means of access.’’; 
(2) in section 5316— 
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(A) by amending the heading to read as 
follows: 
‘‘§ 5316. Reports on exporting and importing mone-
tary instruments and access devices’’; 
(B) by amending subsection (a) to read as 
follows: 
‘‘(a) Except as provided in subsection (c), a person 
or an agent or bailee of the person shall file a report under 
subsection (b) when the person, agent, or bailee know-
ingly— 
‘‘(1) transports, is about to transport, or has 
transported, monetary instruments, funds accessible 
by means of access to funds or the value of funds 
(as defined under section 5316A(a)(2)), or a com-
bination of monetary instruments and funds acces-
sible by such means of access, of more than $10,000 
at one time— 
‘‘(A) from a place in the United States to 
or through a place outside the United States; or 
‘‘(B) to a place in the United States from 
or through a place outside the United States; or 
‘‘(2) receives monetary instruments, funds ac-
cessible by means of access to funds or the value of 
funds, or a combination of monetary instruments 
and funds accessible by such means of access, of 
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more than $10,000 at one time transported into the 
United States from or through a place outside the 
United States.’’; and 
(C) in subsection (b), by striking ‘‘Sec-
retary prescribes’’ and inserting ‘‘Secretary of 
the Treasury, in consultation with the Secretary 
of Homeland Security, prescribes’’; 
(3) by amending section 5317 to read as fol-
lows: 
‘‘§ 5317. Search and forfeiture of monetary instru-
ments and access devices 
‘‘(a) IN GENERAL.—The Secretary of the Treasury 
or the Secretary of Homeland Security may apply to a 
court of competent jurisdiction for a search warrant when 
such Secretary reasonably believes a monetary instrument 
or a tangible mechanism that constitutes, or together with 
a personal identification number, code, or other input 
comprises, a means of access to funds or the value of 
funds is being transported and a report on the instrument 
or means of access to funds or the value of funds under 
section 5316 or 5316A has not been filed or contains a 
material omission or misstatement. Such Secretary shall 
include a statement of information in support of the war-
rant. On a showing of probable cause, the court may issue 
a search warrant for a designated person or a designated 
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or described place or physical object. This subsection does 
not affect the authority of the Secretary of the Treasury 
or the Secretary of Homeland Security under any other 
provision of law. 
‘‘(b) SEARCHES AT BORDER.—For purposes of en-
suring compliance with the requirements of section 5316 
and 5316A, a customs officer may stop and search, at the 
border and without a search warrant, any vehicle, vessel, 
aircraft, or other conveyance, any envelope or other con-
tainer, and any person entering or departing from the 
United States. 
‘‘(c) FORFEITURE.— 
‘‘(1) CRIMINAL FORFEITURE.— 
‘‘(A) IN GENERAL.—The court in imposing 
sentence for any violation of section 5313, 
5316, 5316A, or 5324, or any conspiracy to 
commit such violation, shall order the defendant 
to forfeit all property, real or personal, involved 
in the offense, including but not limited to any 
tangible mechanism that constitutes, or to-
gether with a personal identification number, 
code, or other input comprises, a means of ac-
cess to funds or the value of funds, and any 
property traceable thereto. 
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‘‘(B) PROCEDURE.—Forfeitures under this 
paragraph shall be governed by the procedures 
established in section 413 of the Controlled 
Substances Act. 
‘‘(2) CIVIL
FORFEITURE.—Any property in-
volved in a violation of section 5313, 5316, 5316A, 
or 5324, or any conspiracy to commit any such vio-
lation, and any property traceable to any such viola-
tion or conspiracy, may be seized and forfeited to 
the United States in accordance with the procedures 
governing civil forfeitures in money laundering cases 
pursuant to section 981(a)(1)(A) of title 18, United 
States Code.’’; 
(4) by amending section 5324(c) to read as fol-
lows: 
‘‘(c) INTERNATIONAL TRANSACTIONS.—No person 
shall, for the purpose of evading the reporting require-
ments of section 5316 or 5316A— 
‘‘(1) fail to file a report required by section 
5316 or 5316A, or cause or attempt to cause a per-
son to fail to file such a report; 
‘‘(2) file or cause or attempt to cause a person 
to file a report required under section 5316 or 
5316A that contains a material omission or 
misstatement of fact; or 
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‘‘(3) structure or assist in structuring, or at-
tempt to structure or assist in structuring, any im-
portation or exportation of monetary instruments or 
means of access to funds or the value of funds.’’; 
and 
(5) by amending section 5332 to read as fol-
lows: 
‘‘§ 5332. Smuggling of cash, monetary instruments, 
and means of access to funds or the value 
of funds into or out of the United States 
‘‘(a) CRIMINAL OFFENSE.— 
‘‘(1) IN GENERAL.—Whoever, with the intent to 
evade a currency reporting requirement under sec-
tion 5316 or 5316A, knowingly conceals more than 
$10,000 in currency or other monetary instruments, 
or any tangible mechanism that constitutes, or to-
gether with a personal identification number, code, 
or other input comprises, a means of access to funds 
or the value of funds, on the person of such indi-
vidual or in any conveyance, article of luggage, mer-
chandise, or other container, and transports or 
transfers or attempts to transport or transfer such 
currency, other monetary instruments, or tangible 
mechanism from a place within the United States to 
a place outside of the United States, or from a place 
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outside the United States to a place within the 
United States, shall be guilty of a currency smug-
gling offense and subject to punishment pursuant to 
subsection (b). 
‘‘(2) CONCEALMENT
ON
PERSON.—For pur-
poses of this section, the concealment of currency, 
other monetary instruments, or tangible mechanisms 
on the person of any individual includes concealment 
in any article of clothing worn by the individual or 
in any luggage, backpack, or other container worn or 
carried by such individual. 
‘‘(b) PENALTY.— 
‘‘(1) TERM OF IMPRISONMENT.—A person con-
victed of a currency smuggling offense under sub-
section (a), or a conspiracy to commit such offense, 
shall be imprisoned for not more than 5 years. 
‘‘(2) FORFEITURE.—In addition, the court, in 
imposing sentence under paragraph (1), shall order 
that the defendant forfeit to the United States, any 
property, real or personal, involved in the offense, 
and any property traceable to such property. 
‘‘(3) PROCEDURE.—The seizure, restraint, and 
forfeiture of property under this section shall be gov-
erned by section 413 of the Controlled Substances 
Act. 
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‘‘(4) PERSONAL
MONEY
JUDGMENT.—If the 
property subject to forfeiture under paragraph (2) is 
unavailable, and the defendant has insufficient sub-
stitute property that may be forfeited pursuant to 
section 413(p) of the Controlled Substances Act, the 
court shall enter a personal money judgment against 
the defendant for the amount that would be subject 
to forfeiture. 
‘‘(c) CIVIL FORFEITURE.— 
‘‘(1) IN GENERAL.—Any property involved in a 
violation of subsection (a), or a conspiracy to com-
mit such violation, and any property traceable to 
such violation or conspiracy, may be seized and for-
feited to the United States. 
‘‘(2) PROCEDURE.—The seizure and forfeiture 
shall be governed by the procedures governing civil 
forfeitures in money laundering cases pursuant to 
section 981(a)(1)(A) of title 18, United States Code. 
‘‘(3) TREATMENT
OF
CERTAIN
PROPERTY
AS 
INVOLVED IN THE OFFENSE.—For purposes of this 
subsection and subsection (b), any currency, other 
monetary instrument, or tangible mechanism that 
constitutes, or together with a personal identification 
number, code, or other input comprises, a means of 
access to funds or the value of funds that is con-
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cealed or intended to be concealed in violation of 
subsection (a) or a conspiracy to commit such viola-
tion, any article, container, or conveyance used, or 
intended to be used, to conceal or transport the cur-
rency, other monetary instrument, or tangible mech-
anism, and any other property used, or intended to 
be used to facilitate the offense (including the funds 
or value of funds accessible by such tangible mecha-
nism at the time of the offense), shall be considered 
property involved in the offense.’’. 
Æ 
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