[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4941 Introduced in House (IH)]

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.

    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 ``Anti-Cash Smuggling Act of 2010''.

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:
``Sec. 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 concerning 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 section. 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;
                    ``(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 Importing.--A person, or 
an agent or bailee of that person, shall as required by regulation file 
a report under this section 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 prescribed by the Secretary of the 
Treasury, in consultation with the Secretary of Homeland Security. The 
report shall contain the following information, to the extent the 
Secretary of the Treasury, in consultation with the Secretary of 
Homeland Security, prescribes:
            ``(1) The legal capacity in which the person filing the 
        report is acting.
            ``(2) The origin, destination, and route of the means of 
        access to funds or the value of funds.
            ``(3) When the means of access to funds or the value of 
        funds is not legally and beneficially owned by the person 
        transporting the such means of access, or if the person 
        transporting such means of access personally is not going to 
        use it, the identity of the person that gave such means of 
        access to the person transporting it, the identity of the 
        person who is to receive such means of access, or both.
            ``(4) The amount and kind of funds or the value of funds to 
        which the means of access to funds or the value of funds 
        provides access, and the person to whom the funds or value of 
        funds belong or are credited.
            ``(5) Such additional information as the Secretary of the 
        Treasury, in consultation with the Secretary of Homeland 
        Security, determines to be appropriate.
    ``(d) Nonapplicability to Certain Common Carriers.--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 Facilitate 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 include, 
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--
                    (A) by amending the heading to read as follows:
``Sec. 5316. Reports on exporting and importing monetary 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 knowingly--
            ``(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 combination of monetary instruments and 
        funds accessible 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 accessible 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 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 ``Secretary 
                prescribes'' and inserting ``Secretary of the Treasury, 
                in consultation with the Secretary of Homeland 
                Security, prescribes'';
            (3) by amending section 5317 to read as follows:
``Sec. 5317. Search and forfeiture of monetary instruments 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 warrant. On a showing of 
probable cause, the court may issue a search warrant for a designated 
person or a designated 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 ensuring 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 container, 
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 
                together with a personal identification number, code, 
                or other input comprises, a means of access to funds or 
                the value of funds, and any property traceable thereto.
                    ``(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 involved in a 
        violation of section 5313, 5316, 5316A, or 5324, or any 
        conspiracy to commit any such violation, and any property 
        traceable to any such violation 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 follows:
    ``(c) International Transactions.--No person shall, for the purpose 
of evading the reporting requirements of section 5316 or 5316A--
            ``(1) fail to file a report required by section 5316 or 
        5316A, or cause or attempt to cause a person 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
            ``(3) structure or assist in structuring, or attempt to 
        structure or assist in structuring, any importation 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 follows:
``Sec. 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 section 5316 or 5316A, 
        knowingly conceals more than $10,000 in currency or other 
        monetary instruments, or 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, on the person of such individual or in any 
        conveyance, article of luggage, merchandise, 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 outside the 
        United States to a place within the United States, shall be 
        guilty of a currency smuggling offense and subject to 
        punishment pursuant to subsection (b).
            ``(2) Concealment on person.--For purposes 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 convicted of a 
        currency smuggling offense under subsection (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 governed by section 413 of 
        the Controlled Substances Act.
            ``(4) Personal money judgment.--If the property subject to 
        forfeiture under paragraph (2) is unavailable, and the 
        defendant has insufficient substitute 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 commit such violation, and 
        any property traceable to such violation or conspiracy, may be 
        seized and forfeited 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 concealed or intended to be 
        concealed in violation of subsection (a) or a conspiracy to 
        commit such violation, any article, container, or conveyance 
        used, or intended to be used, to conceal or transport the 
        currency, other monetary instrument, or tangible mechanism, 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 mechanism at the time of the offense), shall 
        be considered property involved in the offense.''.
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