Legis Daily

Clyde-Hirsch-Sowers RESPECT Act

USA115th CongressHR-1843| House 
| Updated: 9/6/2017
Peter J. Roskam

Peter J. Roskam

Republican Representative

Illinois

Cosponsors (14)
Andy Harris (Republican)Doug Collins (Republican)Carlos Curbelo (Republican)Mike Bishop (Republican)James B. Renacci (Republican)Jason Smith (Republican)Kenny Marchant (Republican)Patrick Meehan (Republican)Mike Kelly (Republican)Tom Rice (Republican)Joseph Crowley (Democratic)Tom Reed (Republican)George Holding (Republican)Vern Buchanan (Republican)

Ways and Means Committee, Finance Committee, Financial Services Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Clyde-Hirsch-Sowers RESPECT Act or the Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act (Sec. 2) This bill revises the authority and procedures that the Internal Revenue Service (IRS) uses to seize property that has been structured to avoid Bank Secrecy Act (BSA) reporting requirements. The IRS may only seize property it suspects has been structured to avoid BSA reporting requirements if the property was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than structuring transactions to evade BSA reporting requirements. Within 30 days of seizing property, the IRS must: (1) make a good faith effort to find all owners of the property, and (2) notify the owners of the seizure and the post-seizure hearing rights established by this bill. The IRS may apply to a court for one 30-day extension of the notice requirement if it can establish probable cause of an imminent threat to national security or personal safety. If the owner of the property requests a court hearing within 30 days after the date on which notice is provided, the property must be returned unless the court holds a hearing within 30 days after notice is provided and finds that there is probable cause to believe that the property was derived from an illegal source or the funds were structured to conceal the violation of a criminal law or regulation other than a structuring violation. (Sec. 3) The bill amends the Internal Revenue Code to exclude from gross income any interest received from the federal government with respect to an action to recover property seized by the IRS pursuant to a claimed violation of the structuring provisions of the BSA.

Bill Text Versions

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Timeline
Mar 30, 2017
Introduced in House
Mar 30, 2017
Referred to the Committee on Ways and Means, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Jul 13, 2017
Ordered to be Reported (Amended) by Voice Vote.
Jul 13, 2017
Committee Consideration and Mark-up Session Held.
Sep 5, 2017
Placed on the Union Calendar, Calendar No. 205.
Sep 5, 2017
Committee on Financial Services discharged.
Sep 5, 2017
Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-286, Part I.
Sep 5, 2017
Mr. Roskam moved to suspend the rules and pass the bill, as amended.
Sep 5, 2017
Considered under suspension of the rules. (consideration: CR H6634-6637)
Sep 5, 2017
DEBATE - The House proceeded with forty minutes of debate on H.R. 1843.
Sep 5, 2017
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6634)
Sep 5, 2017
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6634)
Sep 5, 2017
Motion to reconsider laid on the table Agreed to without objection.
Sep 6, 2017
Received in the Senate and Read twice and referred to the Committee on Finance.
  • March 30, 2017
    Introduced in House


  • March 30, 2017
    Referred to the Committee on Ways and Means, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.


  • July 13, 2017
    Ordered to be Reported (Amended) by Voice Vote.


  • July 13, 2017
    Committee Consideration and Mark-up Session Held.


  • September 5, 2017
    Placed on the Union Calendar, Calendar No. 205.


  • September 5, 2017
    Committee on Financial Services discharged.


  • September 5, 2017
    Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-286, Part I.


  • September 5, 2017
    Mr. Roskam moved to suspend the rules and pass the bill, as amended.


  • September 5, 2017
    Considered under suspension of the rules. (consideration: CR H6634-6637)


  • September 5, 2017
    DEBATE - The House proceeded with forty minutes of debate on H.R. 1843.


  • September 5, 2017
    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6634)


  • September 5, 2017
    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6634)


  • September 5, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • September 6, 2017
    Received in the Senate and Read twice and referred to the Committee on Finance.

Taxation

Related Bills

  • HR 115-7227: Taxpayer First Act of 2018
  • S 115-824: A bill to amend title 31, United States Code, to prohibit the Internal Revenue Service from carrying out seizures relating to a structuring transaction unless the property to be seized derived from an illegal source or the funds were structured for the purpose of concealing the violation of another criminal law or regulation, to require notice and a post-seizure hearing for such seizures, and for other purposes.
  • HR 115-5444: To amend the Internal Revenue Code of 1986 to modernize and improve the Internal Revenue Service, to amend the Internal Revenue Code of 1986 to make permanent the Volunteer Income Tax Assistance matching grant program, to require the Secretary of the Treasury to establish a program for the issuance of identity protection personal identification numbers, to amend the Internal Revenue Code of 1986 to allow officers and employees of the Department of the Treasury to provide to taxpayers information regarding low-income taxpayer clinics, to provide for a single point of contact at the Internal Revenue Service for the taxpayers who are victims of tax-related identity theft, to require notice from the Secretary of the Treasury in the case of any closure of a Taxpayer Assistance Center, to amend the Internal Revenue Code of 1986 to require electronic filing of the annual returns of exempt organizations and provide for making such returns available for public inspection, to amend the Internal Revenue Code of 1986 to improve cybersecurity and taxpayer identity protection, and modernize the information technology of the Internal Revenue Service, to amend the Internal Revenue Code of 1986 to restrict the immediate sale of seized property by the Secretary of the Treasury to perishable goods, and for other purposes.
  • HR 115-88: Shiloh National Military Park Boundary Adjustment and Parker's Crossroads Battlefield Designation Act
Bank accounts, deposits, capitalBusiness recordsCivil actions and liabilityFraud offenses and financial crimesIncome tax exclusionInterest, dividends, interest ratesTax administration and collection, taxpayers

Clyde-Hirsch-Sowers RESPECT Act

USA115th CongressHR-1843| House 
| Updated: 9/6/2017
Clyde-Hirsch-Sowers RESPECT Act or the Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act (Sec. 2) This bill revises the authority and procedures that the Internal Revenue Service (IRS) uses to seize property that has been structured to avoid Bank Secrecy Act (BSA) reporting requirements. The IRS may only seize property it suspects has been structured to avoid BSA reporting requirements if the property was derived from an illegal source or the funds were structured for the purpose of concealing the violation of a criminal law or regulation other than structuring transactions to evade BSA reporting requirements. Within 30 days of seizing property, the IRS must: (1) make a good faith effort to find all owners of the property, and (2) notify the owners of the seizure and the post-seizure hearing rights established by this bill. The IRS may apply to a court for one 30-day extension of the notice requirement if it can establish probable cause of an imminent threat to national security or personal safety. If the owner of the property requests a court hearing within 30 days after the date on which notice is provided, the property must be returned unless the court holds a hearing within 30 days after notice is provided and finds that there is probable cause to believe that the property was derived from an illegal source or the funds were structured to conceal the violation of a criminal law or regulation other than a structuring violation. (Sec. 3) The bill amends the Internal Revenue Code to exclude from gross income any interest received from the federal government with respect to an action to recover property seized by the IRS pursuant to a claimed violation of the structuring provisions of the BSA.

Bill Text Versions

View Text
4 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Mar 30, 2017
Introduced in House
Mar 30, 2017
Referred to the Committee on Ways and Means, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Jul 13, 2017
Ordered to be Reported (Amended) by Voice Vote.
Jul 13, 2017
Committee Consideration and Mark-up Session Held.
Sep 5, 2017
Placed on the Union Calendar, Calendar No. 205.
Sep 5, 2017
Committee on Financial Services discharged.
Sep 5, 2017
Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-286, Part I.
Sep 5, 2017
Mr. Roskam moved to suspend the rules and pass the bill, as amended.
Sep 5, 2017
Considered under suspension of the rules. (consideration: CR H6634-6637)
Sep 5, 2017
DEBATE - The House proceeded with forty minutes of debate on H.R. 1843.
Sep 5, 2017
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6634)
Sep 5, 2017
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6634)
Sep 5, 2017
Motion to reconsider laid on the table Agreed to without objection.
Sep 6, 2017
Received in the Senate and Read twice and referred to the Committee on Finance.
  • March 30, 2017
    Introduced in House


  • March 30, 2017
    Referred to the Committee on Ways and Means, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.


  • July 13, 2017
    Ordered to be Reported (Amended) by Voice Vote.


  • July 13, 2017
    Committee Consideration and Mark-up Session Held.


  • September 5, 2017
    Placed on the Union Calendar, Calendar No. 205.


  • September 5, 2017
    Committee on Financial Services discharged.


  • September 5, 2017
    Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-286, Part I.


  • September 5, 2017
    Mr. Roskam moved to suspend the rules and pass the bill, as amended.


  • September 5, 2017
    Considered under suspension of the rules. (consideration: CR H6634-6637)


  • September 5, 2017
    DEBATE - The House proceeded with forty minutes of debate on H.R. 1843.


  • September 5, 2017
    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6634)


  • September 5, 2017
    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6634)


  • September 5, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • September 6, 2017
    Received in the Senate and Read twice and referred to the Committee on Finance.
Peter J. Roskam

Peter J. Roskam

Republican Representative

Illinois

Cosponsors (14)
Andy Harris (Republican)Doug Collins (Republican)Carlos Curbelo (Republican)Mike Bishop (Republican)James B. Renacci (Republican)Jason Smith (Republican)Kenny Marchant (Republican)Patrick Meehan (Republican)Mike Kelly (Republican)Tom Rice (Republican)Joseph Crowley (Democratic)Tom Reed (Republican)George Holding (Republican)Vern Buchanan (Republican)

Ways and Means Committee, Finance Committee, Financial Services Committee

Taxation

Related Bills

  • HR 115-7227: Taxpayer First Act of 2018
  • S 115-824: A bill to amend title 31, United States Code, to prohibit the Internal Revenue Service from carrying out seizures relating to a structuring transaction unless the property to be seized derived from an illegal source or the funds were structured for the purpose of concealing the violation of another criminal law or regulation, to require notice and a post-seizure hearing for such seizures, and for other purposes.
  • HR 115-5444: To amend the Internal Revenue Code of 1986 to modernize and improve the Internal Revenue Service, to amend the Internal Revenue Code of 1986 to make permanent the Volunteer Income Tax Assistance matching grant program, to require the Secretary of the Treasury to establish a program for the issuance of identity protection personal identification numbers, to amend the Internal Revenue Code of 1986 to allow officers and employees of the Department of the Treasury to provide to taxpayers information regarding low-income taxpayer clinics, to provide for a single point of contact at the Internal Revenue Service for the taxpayers who are victims of tax-related identity theft, to require notice from the Secretary of the Treasury in the case of any closure of a Taxpayer Assistance Center, to amend the Internal Revenue Code of 1986 to require electronic filing of the annual returns of exempt organizations and provide for making such returns available for public inspection, to amend the Internal Revenue Code of 1986 to improve cybersecurity and taxpayer identity protection, and modernize the information technology of the Internal Revenue Service, to amend the Internal Revenue Code of 1986 to restrict the immediate sale of seized property by the Secretary of the Treasury to perishable goods, and for other purposes.
  • HR 115-88: Shiloh National Military Park Boundary Adjustment and Parker's Crossroads Battlefield Designation Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Bank accounts, deposits, capitalBusiness recordsCivil actions and liabilityFraud offenses and financial crimesIncome tax exclusionInterest, dividends, interest ratesTax administration and collection, taxpayers