Anti-Cash Smuggling Act of 2010 - Directs the Secretary of the Treasury to require reports concerning means of access to funds or the value of funds belonging or credited to a person, including electronic means and prepaid or stored cards (but not debit or credit cards).
Requires such reports to be filed when a person: (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.
Authorizes either the Secretary of the Treasury or the Secretary of Homeland Security (DHS) to apply to a court for a search warrant upon a reasonable belief that: (1) a monetary instrument or a tangible mechanism that constitutes a means of access to funds or the value of funds is being transported; and (2) a required report has not been filed or contains a material omission or misstatement.
Authorizes a customs officer to 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.
Subjects violations of this Act to criminal and civil forfeiture.
Revises penalties and procedures regarding smuggling of cash, monetary instruments, and means of access to funds or the value of funds into or out of the United States.
[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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
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