Clyde-Hirsch-Sowers RESPECT Act
Latest action · Sep 6, 2017 Received in the Senate and Read twice and referred to the Committee on Finance.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 30, 2017
- Passed HouseSep 5, 2017
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors 14
Members who signed on, in the order they did. Signatures ran from Mar 30, 2017 to Jul 14, 2017; 11 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-MD | Andy Harris | Original | Mar 30, 2017 |
| R-GA | Doug Collins | Original | Mar 30, 2017 |
| R-NC | George Holding | Original | Mar 30, 2017 |
| R-OH | James B. Renacci | Original | Mar 30, 2017 |
| R-MO | Jason Smith | Original | Mar 30, 2017 |
| D-NY | Joseph Crowley | Original | Mar 30, 2017 |
| R-TX | Kenny Marchant | Original | Mar 30, 2017 |
| R-PA | Patrick Meehan | Original | Mar 30, 2017 |
| R-NY | Tom Reed | Original | Mar 30, 2017 |
| R-SC | Tom Rice | Original | Mar 30, 2017 |
| R-FL | Vern Buchanan | Original | Mar 30, 2017 |
| R-PA | Mike Kelly | Jul 11, 2017 | |
| R-MI | Mike Bishop | Jul 13, 2017 | |
| R-FL | Carlos Curbelo | Jul 14, 2017 |
Committees 3
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Ways and Means Committee | Referred Mar 30, 2017Markup Jul 13, 2017Reported Sep 5, 2017 |
| House | Financial Services Committee | Referred Mar 30, 2017Discharged Sep 5, 2017 |
| Senate | Finance Committee | Referred Sep 6, 2017 |
Actions 13
Everything that happened, newest first.
- Sep 6, 2017Received in the Senate and Read twice and referred to the Committee on Finance.
- Sep 5, 2017Reported (Amended) by the Committee on Ways and Means. H. Rept. 115-286, Part I.
- Sep 5, 2017Committee on Financial Services discharged.
- Sep 5, 2017Placed on the Union Calendar, Calendar No. 205.
- Sep 5, 2017Mr. Roskam moved to suspend the rules and pass the bill, as amended.
In the Congressional Record 2
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H7273 | Peter J. Roskam R-IL | Sep 12, 2017 |
| House | Debate and remarks H6634–H6637Text printed H6634 | Doug Collins R-GA, Joseph Crowley D-NY, Peter J. Roskam R-IL, Richard E. Neal D-MA | Sep 5, 2017 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimate
- Jul 24, 2017H.R. 1843, Restraining Excessive Seizure of Property Through the Exploitation of Civil Asset Forfeiture Tools ActAs ordered reported by the House Committee on Ways and Means on July 13, 2017
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 56, March 30, 2017, page H2601.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| — | TAX ADMINISTRATION65 pages | Ways and Means Committee | Jan 30, 2018 |
Related bills 5
Companion bills and other measures the record links to this one.
Titles 7
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Short Titles as Introduced
- Clyde-Hirsch-Sowers RESPECT Act
- Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act
- Short Titles as Reported to House
- Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act
- Clyde-Hirsch-Sowers RESPECT Act
- Short Titles as Passed House
- Restraining Excessive Seizure of Property through the Exploitation of Civil Asset Forfeiture Tools Act
- Clyde-Hirsch-Sowers RESPECT Act
Subjects
Assigned by the Library of Congress. Policy area: Taxation.
Text 4
Each version as it was printed, newest first.
- Sep 6, 2017Referred in Senate
- Sep 5, 2017Reported in House
- Sep 5, 2017Engrossed in House
- Mar 30, 2017Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
