Congressional Record, Volume 151 Issue 46 (Monday, April 18, 2005)

[Congressional Record Volume 151, Number 46 (Monday, April 18, 2005)]
[Senate]
[Pages S3819-S3832]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. CORZINE (for himself and Mr. Lautenberg):
S. 825. A bill to establish the Crossroads of the American Revolution
National Heritage Area in the State of New Jersey, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. CORZINE. Mr. President, today, along with Senator Lautenberg, I
am introducing legislation, the Crossroads of the American Revolution
National Heritage Area Act, to establish the Crossroads of the American
Revolution National Heritage Area in the State of New Jersey. I am
proud to be joining my New Jersey colleagues, Representatives Rodney
Frelinghuysen and Rush Holt, who have introduced this legislation in
the House of Representatives, with the support of the entire New Jersey
delegation.
This legislation recognizes the critical role that New Jersey played
during the American Revolution. In fact, New Jersey was the site of
nearly 300 military engagements that helped determine the course of our
history as a Nation. Many of these locations, like the site where
George Washington made his historic crossing of the Delaware River, are
well known and preserved. Others, such as the Monmouth Battlefield
State Park in Manalapan and Freehold, and New Bridge Landing in River
Edge, are less well known and are threatened by development or in
critical need of funding for rehabilitation.
To help preserve New Jersey's Revolutionary War sites, this
legislation would establish a Crossroads of the American Revolution
National Heritage Area, linking about 250 sites in 15 counties. This
designation would authorize $10 million to assist preservation,
recreational and educational efforts by the State, county and local
governments as well as private cultural and tourism groups. The program
would be managed by the non-profit Crossroads of the American
Revolution Association.
Simply put, we are the Nation that we are today because of the
critical events that occurred in New Jersey during the American
Revolution and the many who died fighting there. By enacting the
Crossroads of the American Revolution National Heritage Area Act of
2005, we will pay tribute to the patriots who fought and died in New
Jersey so that we might become a Nation free from tyranny.
In the 107th Congress, I was proud to see the Senate approve this
legislation as part of a bipartisan package of heritage area bills.
Unfortunately, the bill was not approved in the House of
Representatives. I will work even harder in the 109th Congress to see
that this important legislation passes both houses and goes to the
President's desk for his signature. I hope my colleagues will support
this legislation, and I ask unanimous consent that the text of the bill
be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

[[Page S3820]]

S. 825

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 ``Crossroads of the American
Revolution National Heritage Area Act of 2005''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the State of New Jersey was critically important during
the American Revolution because of the strategic location of
the State between the British armies headquartered in New
York City, New York, and the Continental Congress in the city
of Philadelphia, Pennsylvania;
(2) General George Washington spent almost half of the
period of the American Revolution personally commanding
troops of the Continental Army in the State of New Jersey,
including 2 severe winters spent in encampments in the area
that is now Morristown National Historical Park, a unit of
the National Park System;
(3) it was during the 10 crucial days of the American
Revolution between December 25, 1776, and January 3, 1777,
that General Washington, after retreating across the State of
New Jersey from the State of New York to the State of
Pennsylvania in the face of total defeat, recrossed the
Delaware River on the night of December 25, 1776, and went on
to win crucial battles at Trenton and Princeton in the State
of New Jersey;
(4) Thomas Paine, who accompanied the troops during the
retreat, described the events during those days as ``the
times that try men's souls'';
(5) the sites of 296 military engagements are located in
the State of New Jersey, including--
(A) several important battles of the American Revolution
that were significant to--
(i) the outcome of the American Revolution; and
(ii) the history of the United States; and
(B) several national historic landmarks, including
Washington's Crossing, the Old Trenton Barracks, and
Princeton, Monmouth, and Red Bank Battlefields;
(6) additional national historic landmarks in the State of
New Jersey include the homes of--
(A) Richard Stockton, Joseph Hewes, John Witherspoon, and
Francis Hopkinson, signers of the Declaration of
Independence;
(B) Elias Boudinout, President of the Continental Congress;
and
(C) William Livingston, patriot and Governor of the State
of New Jersey from 1776 to 1790;
(7) portions of the landscapes important to the strategies
of the British and Continental armies, including waterways,
mountains, farms, wetlands, villages, and roadways--
(A) retain the integrity of the period of the American
Revolution; and
(B) offer outstanding opportunities for conservation,
education, and recreation;
(8) the National Register of Historic Places lists 251
buildings and sites in the National Park Service study area
for the Crossroads of the American Revolution that are
associated with the period of the American Revolution;
(9) civilian populations residing in the State of New
Jersey during the American Revolution suffered extreme
hardships because of--
(A) the continuous conflict in the State;
(B) foraging armies; and
(C) marauding contingents of loyalist Tories and rebel
sympathizers;
(10) because of the important role that the State of New
Jersey played in the successful outcome of the American
Revolution, there is a Federal interest in developing a
regional framework to assist the State of New Jersey, local
governments and organizations, and private citizens in--
(A) preserving and protecting cultural, historic, and
natural resources of the period; and
(B) bringing recognition to those resources for the
educational and recreational benefit of the present and
future generations of citizens of the United States; and
(11) the National Park Service has conducted a national
heritage area feasibility study in the State of New Jersey
that demonstrates that there is a sufficient assemblage of
nationally distinctive cultural, historic, and natural
resources necessary to establish the Crossroads of the
American Revolution National Heritage Area.
(b) Purposes.--The purposes of this Act are--
(1) to assist communities, organizations, and citizens in
the State of New Jersey in preserving--
(A) the special historic identity of the State; and
(B) the importance of the State to the United States;
(2) to foster a close working relationship among all levels
of government, the private sector, and local communities in
the State;
(3) to provide for the management, preservation,
protection, and interpretation of the cultural, historic, and
natural resources of the State for the educational and
inspirational benefit of future generations;
(4) to strengthen the value of Morristown National
Historical Park as an asset to the State by--
(A) establishing a network of related historic resources,
protected landscapes, educational opportunities, and events
depicting the landscape of the State of New Jersey during the
American Revolution; and
(B) establishing partnerships between Morristown National
Historical Park and other public and privately owned
resources in the Heritage Area that represent the strategic
fulcrum of the American Revolution; and
(5) to authorize Federal financial and technical assistance
for the purposes described in paragraphs (1) through (4).

SEC. 3. DEFINITIONS.

In this Act:
(1) Association.--The term ``Association'' means the
Crossroads of the American Revolution Association, Inc., a
nonprofit corporation in the State.
(2) Heritage area.--The term ``Heritage Area'' means the
Crossroads of the American Revolution National Heritage Area
established by section 4(a).
(3) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated
by section 4(d).
(4) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 5.
(5) Map.--The term ``map'' means the map entitled
``Crossroads of the American Revolution National Heritage
Area'', numbered CRREL80,000, and dated April 2002.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New
Jersey.

SEC. 4. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL
HERITAGE AREA.

(a) Establishment.--There is established in the State the
Crossroads of the American Revolution National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the
land and water within the boundaries of the Heritage Area, as
depicted on the map.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(d) Management Entity.--The Association shall be the
management entity for the Heritage Area.

SEC. 5. MANAGEMENT PLAN.

(a) In General.--Not later than 3 years after the date on
which funds are first made available to carry out this Act,
the management entity shall submit to the Secretary for
approval a management plan for the Heritage Area.
(b) Requirements.--The management plan shall--
(1) include comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans;
(3) describe actions that units of local government,
private organizations, and individuals have agreed to take to
protect the cultural, historic, and natural resources of the
Heritage Area;
(4) identify existing and potential sources of funding for
the protection, management, and development of the Heritage
Area during the first 5 years of implementation of the
management plan; and
(5) include--
(A) an inventory of the cultural, educational, historic,
natural, recreational, and scenic resources of the Heritage
Area relating to the themes of the Heritage Area that should
be restored, managed, or developed;
(B) recommendations of policies and strategies for resource
management that result in--
(i) application of appropriate land and water management
techniques; and
(ii) development of intergovernmental and interagency
cooperative agreements to protect the cultural, educational,
historic, natural, recreational, and scenic resources of the
Heritage Area;
(C) a program of implementation of the management plan that
includes for the first 5 years of implementation--
(i) plans for resource protection, restoration,
construction; and
(ii) specific commitments for implementation that have been
made by the management entity or any government,
organization, or individual;
(D) an analysis of and recommendations for ways in which
Federal, State, and local programs, including programs of the
National Park Service, may be best coordinated to promote the
purposes of this Act; and
(E) an interpretive plan for the Heritage Area.
(c) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after the date of
receipt of the management plan under subsection (a), the
Secretary shall approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the Board of Directors of the management entity is
representative of the diverse interests of the Heritage Area,
including--
(i) governments;
(ii) natural and historic resource protection
organizations;
(iii) educational institutions;
(iv) businesses; and
(v) recreational organizations;
(B) the management entity provided adequate opportunity for
public and governmental involvement in the preparation of the
management plan, including public hearings;

[[Page S3821]]

(C) the resource protection and interpretation strategies
in the management plan would adequately protect the cultural,
historic, and natural resources of the Heritage Area; and
(D) the Secretary has received adequate assurances from the
appropriate State and local officials whose support is needed
to ensure the effective implementation of the State and local
aspects of the management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the management entity in writing of the reasons
for the disapproval;
(B) make recommendations for revisions to the management
plan; and
(C) not later than 60 days after the receipt of any
proposed revision of the management plan from the management
entity, approve or disapprove the proposed revision.
(d) Amendments.--
(1) In general.--The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines may make a substantial change to the management
plan.
(2) Use of funds.--Funds made available under this Act
shall not be expended by the management entity to implement
an amendment described in paragraph (1) until the Secretary
approves the amendment.
(e) Implementation.--On completion of the 3-year period
described in subsection (a), any funding made available under
this Act shall be made available to the management entity
only for implementation of the approved management plan.

SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITIONS APPLICABLE TO
THE MANAGEMENT ENTITY.

(a) Authorities.--For purposes of preparing and
implementing the management plan, the management entity may
use funds made available under this Act to--
(1) make grants to, provide technical assistance to, and
enter into cooperative agreements with, the State (including
a political subdivision), a nonprofit organization, or any
other person;
(2) hire and compensate staff, including individuals with
expertise in--
(A) cultural, historic, or natural resource protection; or
(B) heritage programming;
(3) obtain funds or services from any source (including a
Federal law or program);
(4) contract for goods or services; and
(5) support any other activity--
(A) that furthers the purposes of the Heritage Area; and
(B) that is consistent with the management plan.
(b) Duties.--In addition to developing the management plan,
the management entity shall--
(1) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(A) carrying out programs and projects that recognize,
protect, and enhance important resource values in the
Heritage Area;
(B) establishing and maintaining interpretive exhibits and
programs in the Heritage Area;
(C) developing recreational and educational opportunities
in the Heritage Area;
(D) increasing public awareness of and appreciation for
cultural, historic, and natural resources of the Heritage
Area;
(E) protecting and restoring historic sites and buildings
that are--
(i) located in the Heritage Area; and
(ii) related to the themes of the Heritage Area;
(F) ensuring that clear, consistent, and appropriate signs
identifying points of public access and sites of interest are
installed throughout the Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Area;
(2) in preparing and implementing the management plan,
consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area;
(3) conduct public meetings at least semiannually regarding
the development and implementation of the management plan;
(4) for any fiscal year for which Federal funds are
received under this Act--
(A) submit to the Secretary a report that describes for the
year--
(i) the accomplishments of the management entity;
(ii) the expenses and income of the management entity; and
(iii) each entity to which a grant was made;
(B) make available for audit all information relating to
the expenditure of the funds and any matching funds; and
(C) require, for all agreements authorizing expenditures of
Federal funds by any entity, that the receiving entity make
available for audit all records and other information
relating to the expenditure of the funds;
(5) encourage, by appropriate means, economic viability
that is consistent with the purposes of the Heritage Area;
and
(6) maintain headquarters for the management entity at
Morristown National Historical Park and in Mercer County.
(c) Prohibition on the Acquisition of Real Property.--
(1) Federal funds.--The management entity shall not use
Federal funds made available under this Act to acquire real
property or any interest in real property.
(2) Other funds.--Notwithstanding paragraph (1), the
management entity may acquire real property or an interest in
real property using any other source of funding, including
other Federal funding.

SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL
AGENCIES.

(a) Technical and Financial Assistance.--
(1) In general.--On the request of the management entity,
the Secretary may provide technical and financial assistance
to the Heritage Area for the development and implementation
of the management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions
that assist in--
(A) conserving the significant cultural, historic, natural,
and scenic resources of the Heritage Area; and
(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(3) Operational assistance.--Subject to the availability of
appropriations, the Superintendent of Morristown National
Historical Park may, on request, provide to public and
private organizations in the Heritage Area, including the
management entity, any operational assistance that is
appropriate for the purpose of supporting the implementation
of the management plan.
(4) Preservation of historic properties.--To carry out the
purposes of this Act, the Secretary may provide assistance to
a State or local government or nonprofit organization to
provide for the appropriate treatment of--
(A) historic objects; or
(B) structures that are listed or eligible for listing on
the National Register of Historic Places.
(5) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the management entity and other
public or private entities to carry out this subsection.
(b) Other Federal Agencies.--Any Federal agency conducting
or supporting an activity that directly affects the Heritage
Area shall--
(1) consult with the Secretary and the management entity
regarding the activity;
(2)(A) cooperate with the Secretary and the management
entity in carrying out the of the Federal agency under this
Act; and
(B) to the maximum extent practicable, coordinate the
activity with the carrying out of those duties; and
(3) to the maximum extent practicable, conduct the activity
to avoid adverse effects on the Heritage Area.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to
carry out this Act $10,000,000, of which not more than
$1,000,000 may be authorized to be appropriated for any
fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the
cost of any activity assisted under this Act shall be not
more than 50 percent.

SEC. 9. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under
this Act terminates on the date that is 15 years after the
date of enactment of this Act.
______

By Mr. BURNS:
S. 826. A bill to provide that the conveyance of the former radar
bomb scoring site to the city of Conrad, Montana, is not subject to
reversion; to the Committee on Armed Services.
Mr. BURNS. Mr. President, I take the floor today to ask that we
finally help the town of Conrad, MT continue its successful program of
providing affordable housing for our seniors. I renew my commitment to
making sure this occurs.
In the defense authorization act of 1994, the Air Force conveyed an
unused 42-acre parcel of land to the city of Conrad, which then built a
retirement home for Montana seniors. The home has been a great success,
and the city of Conrad has begun the process of expanding the facility.
When the city proposed using the land as collateral for the home, it
ran into a problem. In the quitclaim deed where we conveyed the land to
the city, we included a customary reversion clause that would transfer
the property back to the Department of Defense in the event that the
land stopped being used for the purpose of housing or public
recreation.
While the intent of this clause is and will continue to be met, a
small city like Conrad must use the title to the land to secure
construction loans, rather than issuing a municipal bond or some other
measure to raise funds used by larger cities. The reversion clause
prevents banks from using the land to secure the loan, as the city does
not have clear title to the land.
Therefore, I ask the Senate to approve this modification to public
law 103-160, section 2816 regarding the 42 acre site of the Blue Sky
Villa, which removes the reversion clause for this

[[Page S3822]]

land, giving the city of Conrad clear title. I thank the Senate for
it's consideration of this important matter for our senior citizens in
Montana.
______

By Mr. FEINGOLD (for himself, Mr. Schumer, and Mrs. Clinton):
S. 827. A bill to prohibit products that contain dry ultra-filtered
milk products, milk protein concentrate, or casein from being labeled
as domestic natural cheese, and for other purposes; to the Committee on
Agriculture, Nutrition, and Forestry.
Mr. FEINGOLD. Mr. President, I am pleased to re-introduce the Quality
Cheese Act of 2005. This legislation will protect the consumer, save
taxpayer dollars and provide support to America's dairy farmers, who
have taken a beating in the marketplace in recent years.
When Wisconsin consumers have the choice, they will choose natural
Wisconsin cheese. But some in the food industry have pushed the Food
and Drug Administration (FDA) to change current law, which would leave
consumers not knowing whether cheese is really all natural or not.
If the Federal Government creates a loophole for imitation cheese
ingredients to be used in U.S. cheese vats, some cheese labels saying
``domestic'' and ``natural'' will no longer be truly accurate.
If USDA and FDA allow a change in Federal rules, imitation milk
proteins known as milk protein concentrate, casein, or dry ultra
filtered milk could be used to make cheese in place of the wholesome
natural milk produced by cows in Wisconsin or other parts of the U.S.
I was deeply concerned by these efforts to change America's natural
cheese standard. This effort to allow milk protein concentrate and
casein into natural cheese products flies in the face of logic and
could create a loophole that could allow unlimited amounts of
substandard imported milk proteins to enter U.S. cheese vats.
While the industry proposal was withdrawn, my legislation would
permanently prevent a similar back-door attempt to allow imitation milk
as a cheese ingredient and ensure that consumers could be confident
that they were buying natural cheese when they saw the natural label.
Over the past decade, cheese consumption has risen at a strong pace
due in part to promotional and marketing efforts and investments by
dairy farmers across the country. Year after year, per capita cheese
consumption has risen at a steady rate.
These proposals to change our natural cheese standards, however,
could decrease consumption of natural cheese by raising concerns about
the origin of casein and milk protein concentrate. Use of such products
could significantly tarnish the wholesome reputation of natural cheese
in the eyes of the consumer and have unknown effects on quality and
flavor.
This change could seriously compromise decades of work by America's
dairy farmers to build up domestic cheese consumption levels. It is
simply not fair to America's farmers or to consumers. After all,
consumers have a right to know if the cheese that they buy is
unnatural. And by allowing milk protein concentrate milk into
supposedly natural cheese, we are denying consumers the entire picture.
Allowing MPCs or dry ultra-filtered milk into natural cheeses would
also harm dairy producers throughout the United States. Some estimate
that the annual effect of the change on the dairy farm sector of the
economy could be more than $100 million.
The proposed change to our natural cheese standard would also harm
the American taxpayer. If we allow MPCs to be used in cheese, we will
effectively permit unrestricted importation of these ingredients into
the United States. Because there are no tariffs and quotas on these
ingredients, these heavily subsidized products would quickly displace
natural domestic dairy ingredients.
These unnatural domestic dairy products would enter our domestic
cheese market and could depress dairy prices paid to American dairy
producers. Low dairy prices, in turn, could result in increased costs
to the dairy price support program as the federal government is forced
to buy domestic milk products when they are displaced in the market by
cheap imports. So, at the same time that U.S. dairy farmers would
receive lower prices, the U.S. taxpayer would pay more for the dairy
price support program.
This change does not benefit the dairy farmer, consumer or taxpayer.
Who then is it good for?
It would benefit only the subsidized foreign MPC producers out to
make a fast buck by exploiting a system put in place to support our
dairy farmers.
This legislation addresses the concerns of farmers, consumers and
taxpayers by prohibiting dry ultra-filtered milk, casein, and MPCs from
being included in America's natural cheese standard.
Congress must shut the door on any backdoor efforts to undermine
America's dairy farmers. I urge my colleagues to pass my legislation
and prevent a loophole that would allow changes that hurt the consumer,
taxpayer, and dairy farmer.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 827

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 ``Quality Cheese Act of
2005''.

SEC. 2. NATURAL CHEESE STANDARD.

(a) Findings.--Congress finds that--
(1)(A) any change in domestic natural cheese standards to
allow dry ultra-filtered milk products, milk protein
concentrate, or casein to be labeled as domestic natural
cheese would result in increased costs to the dairy price
support program; and
(B) that change would be unfair to taxpayers, who would be
forced to pay more program costs;
(2) any change in domestic natural cheese standards to
allow dry ultra-filtered milk products, milk protein
concentrate, or casein to be labeled as domestic natural
cheese would result in lower revenues for dairy farmers;
(3) any change in domestic natural cheese standards to
allow dry ultra-filtered milk products, milk protein
concentrate, or casein to be labeled as domestic natural
cheese would cause dairy products containing dry ultra-
filtered milk, milk protein concentrate, or casein to become
vulnerable to contamination and would compromise the
sanitation, hydrosanitary, and phytosanitary standards of the
United States dairy industry; and
(4) changing the labeling standard for domestic natural
cheese would be misleading to the consumer.
(b) Prohibition.--Section 401 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 341) is amended--
(1) by striking ``Whenever'' and inserting ``(a)
Whenever''; and
(2) by adding at the end the following:
``(b) The Commissioner may not use any Federal funds to
amend section 133.3 of title 21, Code of Federal Regulations
(or any corresponding similar regulation or ruling), to
include dry ultra-filtered milk, milk protein concentrate, or
casein in the definition of the term `milk' or `nonfat milk',
as specified in the standards of identity for cheese and
cheese products published at part 133 of title 21, Code of
Federal Regulations (or any corresponding similar regulation
or ruling).''.
______

By Mr. GRASSLEY (for himself, Mr. Schumer, Mr. Cornyn, Mr. Leahy,
Mr. Craig, Mr. Feingold, Mr. Allen, Mr. Durbin, Mr. Graham, Mr.
DeWine, and Mr. Allard):
S. 829. A bill to allow media coverage of court proceedings; to the
Committee on the Judiciary.
Mr. GRASSLEY. Mr. President, I rise today to introduce the ``Sunshine
in the Courtroom Act.'' This bill will give Federal judges the
discretion to allow for the photographing, electronic recording,
broadcasting and televising of Federal court proceedings. The Sunshine
in the Courtroom Act will help the public become better informed about
the judicial process. Moreover, this bill will help produce a healthier
judiciary. Increased public scrutiny will bring about greater
accountability and help judges to do a better job. The sun needs to
shine in on the Federal courts.
Allowing cameras in the Federal courtrooms is consistent with our
Founding Fathers' intent that trials be held in front of as many people
as choose to attend. I believe that the First Amendment requires that
court proceedings be open to the public and, by extension, the news
media. The Constitution and Supreme Court have said, ``what transpires
in the courtroom is public property.'' Clearly, the American values of
openness and education

[[Page S3823]]

are served by using electronic media in Federal courtrooms.
There are many benefits and no substantial detrimental effects to
allowing greater public access to the inner workings of our Federal
courts. Fifteen States conducted studies aimed specifically at the
educational benefits derived from camera access courtrooms. They all
determined that camera coverage contributed to greater public
understanding of the judicial system.
Moreover, the widespread use in State court proceedings show that
still and video cameras can be used without any problems, and that
procedural discipline is preserved. According to the National Center
for State Courts, all 50 states allow for some modern audio-visual
coverage of court proceedings under a variety of rules and conditions.
My own State of Iowa has operated successfully in this open manner for
over 20 years. Further, at the Federal level, the Federal Judicial
Center conducted a pilot program in 1994 which studied the effect of
cameras in a select number of Federal courts. That study found ``small
or no effects of camera presence on participants in the proceeding,
courtroom decorum, or the administration of justice.''
I would like to note that even the Supreme Court has recognized that
there is a serious public interest in the open airing of important
court cases. At the urging of Senator Schumer and myself, Chief Justice
Rehnquist allowed the delayed audio broadcasting of the oral arguments
before the Supreme Court in the 2000 presidential election dispute. The
Supreme Court's response to our request was an historic, major step in
the right direction. Since then, the Supreme Court has allowed for
audio broadcasting in other landmark cases. Other courts have followed
suit, such as the live audio broadcast of oral arguments before the
D.C. Circuit in the Microsoft antitrust case and the televising of
appellate proceedings before the Ninth Circuit in the Napster copyright
case. The public wants to see what is happening in these important
judicial proceedings, and the benefits are significant in terms of
public knowledge and discussion.
We've introduced the Sunshine in the Courtroom Act with a well-
founded confidence based on the experience of the States as well as
State and Federal studies. However, in order to be certain of the
safety and integrity of our judicial system, we have included a 3-year
sunset provision allowing a reasonable amount of time to determine how
the process is working before making the provisions of the bill
permanent.
It is also important to note that the bill simply gives judges the
discretion to use cameras in the courtroom. It does not require judges
to have cameras in their courtroom if they do not want them. The bill
also protects the anonymity of non-party witnesses by giving them the
right to have their voices and images obscured during testimony.
So, the bill does not require cameras, but allows judges to exercise
their discretion to permit camera in appropriate cases. The bill
protects witnesses and does not compromise safety. The bill preserves
the integrity of the judicial system. The bill is based on the
experience of the States and the Federal courts. And the bill's net
result will be greater openness and accountability of the nation's
Federal courts. The best way to maintain confidence in our judicial
system, where the Federal judiciary holds tremendous power, is to let
the sun shine in by opening up the Federal courtrooms to public view
through broadcasting. And allowing cameras in the courtroom will bring
the judiciary into the 21st century. I urge my colleagues to join me in
supporting the Sunshine in the Courtroom Act.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 829

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 ``Sunshine in the Courtroom
Act of 2005''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than 1 judge participates, the
presiding judge shall be the senior active judge so
participating or, in the case of a circuit court of appeals,
the senior active circuit judge so participating, except
that--
(A) in en banc sittings of any United States circuit court
of appeals, the presiding judge shall be the chief judge of
the circuit whenever the chief judge participates; and
(B) in en banc sittings of the Supreme Court of the United
States, the presiding judge shall be the Chief Justice
whenever the Chief Justice participates.
(2) Appellate court of the united states.--The term
``appellate court of the United States'' means any United
States circuit court of appeals and the Supreme Court of the
United States.

SEC. 3. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE
OF COURT PROCEEDINGS.

(a) Authority of Appellate Courts.--Notwithstanding any
other provision of law, the presiding judge of an appellate
court of the United States may, in the discretion of that
judge, permit the photographing, electronic recording,
broadcasting, or televising to the public of court
proceedings over which that judge presides.
(b) Authority of District Courts.--
(1) In general.--Notwithstanding any other provision of
law, any presiding judge of a district court of the United
States may, in the discretion of that judge, permit the
photographing, electronic recording, broadcasting, or
televising to the public of court proceedings over which that
judge presides.
(2) Obscuring of witnesses.--
(A) In general.--Upon the request of any witness in a trial
proceeding other than a party, the court shall order the face
and voice of the witness to be disguised or otherwise
obscured in such manner as to render the witness
unrecognizable to the broadcast audience of the trial
proceeding.
(B) Notification to witnesses.--The presiding judge in a
trial proceeding shall inform each witness who is not a party
that the witness has the right to request that the image and
voice of that witness be obscured during the witness'
testimony.
(c) Advisory Guidelines.--The Judicial Conference of the
United States may promulgate advisory guidelines to which a
presiding judge, in the discretion of that judge, may refer
in making decisions with respect to the management and
administration of photographing, recording, broadcasting, or
televising described under subsections (a) and (b).

SEC. 4. SUNSET.

The authority under section 3(b) shall terminate 3 years
after the date of the enactment of this Act.
______

By Mr. BINGAMAN:
S. 831. A bill to provide for the establishment of a Health Workforce
Advisory Commission to review Federal health workforce policies and
make recommendations on improving those policies; to the Committee on
Health, Education, Labor, and Pensions.
Mr. BINGAMAN. Mr. President, I rise today to introduce legislation
that will help address the devastating health workforce shortages we
will be facing in this country. Health care expenditures represent 15.3
percent of U.S. gross domestic product. These expenditures are expected
to rise to l8.7 percent by 2014. As health care needs grow, society
faces increasing challenges related to the health care workforce. By
2020, 29 percent nursing positions are projected to be vacant. From
2000-2010, an additional 1.2 million aides will be needed to cover
projected growth in long-term care positions and replacement of
departing workers. An aging health care workforce means that by 2008,
almost half of the workforce will be 45 years of age and older.
Currently, U.S. providers rely on international medical graduate and
foreign trained nurses to fill some critical roles, while continuing to
face a shortage of providers in health professional shortage areas.
Health workforce challenges need to analyzed, understood, and
alleviated, to ensure better access and better quality of care.
The Health Workforce Advisory Commission Act of 2005 will help to
create a national vision to serve as a roadmap for investing in the
health workforce. Through analysis and recommendation, an 18 member
commission of national workforce and health experts will provide
insight regarding the solutions necessary to enhance our health
workforce. Key areas for commission focus will include forecasting of
supply and distribution of physicians, nurses and other health
professionals, studying the national and global impact of workforce
policies related to the utilization of internationally trained
practitioners, and developing appropriate measures to ensure diversity
of the U.S. health workforce. The commission will make recommendations
to Congress on health workforce policy.

[[Page S3824]]

It is vital that the U.S. take new measures to ensure that workforce
challenges are met and overcome for current and future generations. By
undertaking and overcoming the challenges before us, we will enhance
both the quality of healthcare and the quality of life, provide access
nationwide, and build a health care system that is consistent with our
current and future health and economic needs. The Health Workforce
Advisory Commission can serve a new and integral role for our health
care system and our society, now and in the future.
I ask unanimous consent that the text of this bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 831

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 ``Health Workforce Advisory
Commission Act of 2005''.

SEC. 2. HEALTH WORKFORCE ADVISORY COMMISSION.

(a) Establishment.--The Comptroller General shall establish
a commission to be known as the Health Workforce Advisory
Commission (referred to in this Act as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 18
members to be appointed by the Comptroller General not later
than 90 days after the date of enactment of this Act, and an
ex-officio member who shall serve as the Director of the
Commission.
(2) Qualifications.--In appointing members to the
Commission under paragraph (1), the Comptroller General shall
ensure that--
(A) the Commission includes individuals with national
recognition for their expertise in health care workforce
issues, including workforce forecasting, undergraduate and
graduate training, economics, health care and health care
systems financing, public health policy, and other fields;
(B) the members are geographically representative of the
United States and maintain a balance between urban and rural
representatives;
(C) the members includes a representative from the
commissioned corps of the Public Health Service;
(D) the members represent the spectrum of professions in
the current and future healthcare workforce, including
physicians, nurses, and other health professionals and
personnel, and are skilled in the conduct and interpretation
of health workforce measurement, monitoring and analysis,
health services, economic, and other workforce related
research and technology assessment;
(E) at least 25 percent of the members who are health care
providers are from rural areas; and
(F) a majority of the members are individuals who are not
currently primarily involved in the provision or management
of health professions education and training programs.
(3) Terms and vacancies.--
(A) Terms.--The term of service of the members of the
Commission shall be for 3 years except that the Comptroller
General shall designate staggered terms for members initially
appointed under paragraph (1).
(B) Vacancies.--Any member who is appointed to fill a
vacancy on the Commission that occurs before the expiration
of the term for which the member's predecessor was appointed
shall be appointed only for the remainder of that term.
(4) Chairperson.--
(A) Designation.--The Comptroller General shall designate a
member of the Commission, at the time of the appointment of
such member--
(i) to serve as the Chairperson of the Commission; and
(ii) to serve as the Vice Chairperson of the Commission.
(B) Term.--A member shall serve as the Chairperson or Vice
Chairperson of the Commission under subparagraph (A) for the
term of such member.
(C) Vacancy.--In the case of a vacancy in the
Chairpersonship or Vice Chairpersonship, the Comptroller
General shall designate another member to serve for the
remainder of the vacant member's term.
(c) Duties.--The Commission shall--
(1) review the health workforce policies implemented--
(A) under titles XVIII and XIX of the Social Security Act
(42 U.S.C. 1395, 1396 et seq.);
(B) under titles VII and VIII of the Public Health Service
Act (42 U.S.C. 292, 296 et seq.);
(C) by the National Institutes of Health;
(D) by the Department of Health and Human Services;
(E) by the Department of Veterans Affairs; and
(F) by other departments and agencies as appropriate;
(2) analyze and make recommendations to improve the methods
used to measure and monitor the health workforce and the
relationship between the number and make up of such personnel
and the access of individuals to appropriate health care;
(3) review the impact of health workforce policies and
other factors on the ability of the health care system to
provide optimal medical and health care services;
(4) analyze and make recommendations pertaining to Federal
incentives (financial, regulatory, and otherwise) and Federal
programs that are in place to promote the education of an
appropriate number and mix of health professionals to provide
access to appropriate health care in the United States;
(5) analyze and make recommendations about the appropriate
supply and distribution of physicians, nurses, and other
health professionals and personnel to achieve a health care
system that is safe, effective, patient centered, timely,
equitable, and efficient;
(6) analyze the role and global implications of
internationally trained physicians, nurses, and other health
professionals and personnel in the United States health
workforce;
(7) analyze and make recommendations about achieving
appropriate diversity in the United States health workforce;
(8) conduct public meetings to discuss health workforce
policy issues and help formulate recommendations for Congress
and the Secretary of Health and Human Services;
(9) in the course of meetings conducted under paragraph
(8), consider the results of staff research, presentations by
policy experts, and comments from interested parties;
(10) make recommendations to Congress concerning health
workforce policy issues;
(11) not later than April 15, 2006, and each April 15
thereafter, submit a report to Congress containing the
results of the reviews conducted under this subsection and
the recommendations developed under this subsection;
(12) periodically, as determined appropriate by the
Commission, submit reports to Congress concerning specific
issues that the Commission determines are of high importance;
and
(13) carry out any other activities determined appropriate
by the Secretary of Health and Human Services.
(d) Ongoing Duties Concerning Reports and Reviews.--
(1) Commenting on reports.--
(A) Submission to commission.--The Secretary of Health and
Human Services shall transmit to the Commission a copy of
each report that is submitted by the Secretary to Congress if
such report is required by law and relates to health
workforce policy.
(B) Review.--The Commission shall review a report
transmitted under subparagraph (A) and, not later than 6
months after the date on which the report is transmitted,
submit to the appropriate committees of Congress written
comments concerning such report. Such comments may include
such recommendations as the Commission determines
appropriate.
(2) Agenda and additional reviews.--
(A) In general.--The Commission shall consult periodically
with the chairman and ranking members of the appropriate
committees of Congress concerning the agenda and progress of
the Commission.
(B) Additional reviews.--The Commission may from time to
time conduct additional reviews and submit additional reports
to the appropriate committees of Congress on topics relating
to Federal health workforce-related programs and as may be
requested by the chairman and ranking members of such
committees.
(3) Availability of reports.--The Commission shall transmit
to the Secretary of Health and Human Services a copy of each
report submitted by the Commission under this section and
shall make such reports available to the public.
(e) Powers of the Commission.--
(1) General powers.--Subject to such review as the
Comptroller General determines to be necessary to ensure the
efficient administration of the Commission, the Commission
may--
(A) employ and fix the compensation of the Executive
Director and such other personnel as may be necessary to
carry out its duties;
(B) seek such assistance and support as may be required in
the performance of its duties from appropriate Federal
departments *and agencies;
(C) enter into contracts or make other arrangements as may
be necessary for the conduct of the work of the Commission;
(D) make advance, progress, and other payments that relate
to the work of the Commission;
(E) provide transportation and subsistence for personnel
who are serving without compensation; and
(F) prescribe such rules and regulations at the Commission
determined necessary with respect to the internal
organization and operation of the Commission.
(2) Information.--To carry out its duties under this
section, the Commission--
(A) shall have unrestricted access to all deliberations,
records, and nonproprietary data maintained by the General
Accounting Office;
(B) may secure directly from any department or agency of
the United States information necessary to enable the
Commission to carry out its duties under this section, on a
schedule that is agreed upon between the Chairperson and the
head of the department or agency involved;
(C) shall utilize existing information (published and
unpublished) collected and assessed either by the staff of
the Commission or under other arrangements;
(D) may conduct, or award grants or contracts for the
conduct of, original research and experimentation where
information

[[Page S3825]]

available under subparagraphs (A) and (B) is inadequate;
(E) may adopt procedures to permit any interested party to
submit information to be used by the Commission in making
reports and recommendations under this section; and
(F) may carry out other activities determined appropriate
by the Commission.
(f) Administrative Provisions.--
(1) Compensation.--While serving on the business of the
Commission a member of the Commission shall be entitled to
compensation at the per diem equivalent of the rate provided
for under level IV of the Executive Schedule under title 5,
United States Code.
(2) Meetings.--The Commission shall meet at the call of the
Chairperson.
(3) Executive director and staff.--The Comptroller General
shall appoint an individual to serve as the interim Executive
Director of the Commission until the members of the
Commission are able to select a permanent Executive Director
under subsection (e)(1)(A).
(4) Ethical disclosure.--The Comptroller General shall
establish a system for public disclosure by members of the
Commission of financial and other potential conflicts of
interest relating to such members.
(5) Audits.--The Commission shall be subject to periodic
audit by the Comptroller General.
(g) Funding.--
(1) Requests.--The Commission shall submit requests for
appropriations in the same manner as the Comptroller General
submits such requests. Amounts appropriated for the
Commission shall be separate from amounts appropriated for
the Comptroller General.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section, $6,000,000 for
fiscal year 2006, and such sums as may be necessary for each
subsequent fiscal year, of which--
(A) 80 percent of such appropriated amount shall be made
available from the Federal Hospital Insurance Trust Fund
under section 1817 of the Social Security Act (42 U.S.C.
1395i); and
(B) 20 percent of such appropriation shall be made
available for amounts appropriated to carry out title XIX of
such Act (42 U.S.C. 1396 et seq.).
(h) Definition.--In this Act, the term ``appropriate
committees of Congress'' means the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives.
______

By Mr. BINGAMAN (for himself, Mr. Smith, Mr. Baucus, Mr.
Grassley, Mr. Akaka, Mr. Schumer, and Mr. Pryor):
S. 832. A bill to amend the Internal Revenue Code of 1986 to provide
taxpayer protection and assistance, and for other purposes; to the
Committee on Finance.
MR. BINGAMAN. Mr. President, I rise today to introduce the ``Taxpayer
Protection and Assistance Act of 2005'' with Senators Smith, Baucus,
Grassley, Akaka, Schumer and Pryor. This legislation combines various
provisions intended to ensure that our nation's taxpayers are better
able to prepare and file their tax returns each year in a fashion that
is fair, reasonable and affordable. As long as we continue to require
taxpayers to determine their own tax liability each year, we have a
responsibility to ensure that we do not leave taxpayers vulnerable to
abuses from those masquerading as tax professionals. This is bad for
everyone including the majority of tax return preparers who provide
professional and much needed services to taxpayers in their
communities. I encourage my colleagues to work with us to ensure that
the improvements that would be brought about by this bill are in place
before the next filing season begins.
As I previously stated, this legislation is composed of several
provisions. The first section would create a $10 million matching grant
program for lower income tax preparation clinics much like the program
we have currently have in place for tax controversies. I have seen
first hand the impact free tax preparation clinics can have on
taxpayers and their communities, as we are fortunate to have one of the
best state-wide programs in the nation in New Mexico. TaxHelp New
Mexico, which was started only a couple of years ago, helped 17,000 New
Mexicans prepare and file their returns last year, resulting in over
$14 million in refunds--all without refund anticipation loans. This
year they are on pace to pass their goal of helping 25,000 elderly and
economically disadvantaged taxpayers with free tax preparation and
electronic filing of their returns. This program, started by Fred
Gordon and Robin Brule from TVI and Carol Radosevich and Jeff Sterba
from PNM, has turned into one of the best delivery mechanisms for
public assistance I have seen in the state. This program has been
fortunate to receive additional funding from the Annie E. Casey
Foundation and the McCune Foundation. In order to continue to grow,
though, we need to do our part in Congress and give them matching
funding so they can continue their outreach into new communities in
need of assistance.
The second set of provisions contained in this legislation would
ensure that when taxpayers hire someone to help them with their tax
returns they can be sure that the person is competent and professional.
The first part of the bill makes sure that an enrolled agent, a tax
professional licensed to practice before the IRS, shall have the
exclusive right to describe him or herself as an ``enrolled agent,''
``EA,'' or ``E.A.'' In New Mexico, enrolled agents play an important
role in helping taxpayers with problems with the IRS and with preparing
their returns. They have earned the right to use their credentials, and
we should prohibit those who have not taken the rigorous exams and do
not have their experience to confuse the public into thinking they too
have the same credentials. The second part of the bill requires the
Treasury to determine what standards need to be met in order for a
person to prepare tax returns commercially. Like all other tax
professionals, this will require people who make a living preparing tax
returns to pass a minimum competency exam and take brush up courses
each year to keep abreast of tax law changes. The majority of tax
return preparers already meet these standards, and it is clear that
those who do not need to in order to prepare returns for a fee. The
Treasury Department will also be required to operate a public awareness
campaign so that taxpayers will know that they need to check to be sure
that someone preparing their tax returns for a fee is qualified.
The third set of provisions would directly address the problems with
refund anticipation loans (RALs), which is a problem throughout the
country, but is particularly bad in New Mexico. First, this bill
requires refund loan facilitators to register with the Treasury
Department. Refund loan facilitators are those people who solicit,
process, or otherwise facilitate the making of a refund anticipation
loan in relation to a tax return being electronically filed. The
legislation also requires these refund loan facilitators to properly
disclose to taxpayers that they do not have to get a RAL in order to
file their return electronically, as well as clearly disclose what all
the costs involved with the loan. Finally, the refund loan facilitators
must disclose to taxpayers when the loans would allow their refunds to
be offset by the amount of the loan. Failure to follow these new rules
will empower Treasury to impose penalties as appropriate. Like the
credentials required for preparing returns, the Treasury Department
would need to operate a public awareness campaign to educate the public
on the real costs of RALs as compared to other forms of credit. This
program will be funded, at least in part, by amounts collected from
penalties imposed on refund loan facilitators.
The last section of the bill is an issue that my colleague from
Hawaii, Senator Akaka, has been actively working on for the last
several years. This provision would authorize the Treasury Department
to award grants to financial institutions or charitable groups that
help low income taxpayers set up accounts at bank or credit union.
Because many taxpayers do not have checking or savings accounts, their
refund from IRS cannot be electronically wired to them. The alternative
is to have the check mailed to the taxpayer or to have the refund
immediately loaned to the taxpayer in the form of a RAL. Of course,
getting people to set up a checking or savings account for purposes of
receiving their tax refund will also have the benefit of getting many
of these people to start saving for the first time.
Before I conclude, I would specifically like to thank Anita Horn
Rizek from the Finance Committee for her tireless dedication to
improving our nation's tax system and ensuring that all taxpayers are
treated fairly regardless of their income class. Without her efforts
this legislation would not have been possible.
I hope my colleagues will join with us to ensure that another tax
year does

[[Page S3826]]

not go by without making these modest changes. In order for our
voluntary tax system to continue to function, taxpayers must have
access to tax professionals with the highest ethical standards and
greatest substantive knowledge possible. This bill will go a long way
toward maintaining the integrity of the tax administration system.
I ask unanimous consent that the text of the bill and an analysis of
the bill be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 832

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

(a) Short Title.--This Act may be cited as the ``Taxpayer
Protection and Assistance Act of 2005''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.

SEC. 2. LOW-INCOME TAXPAYER CLINICS.

(a) Grants for Return Preparation Clinics.--
(1) In general.--Chapter 77 (relating to miscellaneous
provisions) is amended by inserting after section 7526 the
following new section:

``SEC. 7526A. RETURN PREPARATION CLINICS FOR LOW-INCOME
TAXPAYERS.

``(a) In General.--The Secretary may, subject to the
availability of appropriated funds, make grants to provide
matching funds for the development, expansion, or
continuation of qualified return preparation clinics.
``(b) Definitions.--For purposes of this section--
``(1) Qualified return preparation clinic.--
``(A) In general.--The term `qualified return preparation
clinic' means a clinic which--
``(i) does not charge more than a nominal fee for its
services (except for reimbursement of actual costs incurred),
and
``(ii) operates programs which assist low-income taxpayers,
including individuals for whom English is a second language,
in preparing and filing their Federal income tax returns,
including schedules reporting sole proprietorship or farm
income.
``(B) Assistance to low-income taxpayers.--A clinic is
treated as assisting low-income taxpayers under subparagraph
(A)(ii) if at least 90 percent of the taxpayers assisted by
the clinic have incomes which do not exceed 250 percent of
the poverty level, as determined in accordance with criteria
established by the Director of the Office of Management and
Budget.
``(2) Clinic.--The term `clinic' includes--
``(A) a clinical program at an eligible educational
institution (as defined in section 529(e)(5)) which satisfies
the requirements of paragraph (1) through student assistance
of taxpayers in return preparation and filing, and
``(B) an organization described in section 501(c) and
exempt from tax under section 501(a) which satisfies the
requirements of paragraph (1).
``(c) Special Rules and Limitations.--
``(1) Aggregate limitation.--Unless otherwise provided by
specific appropriation, the Secretary shall not allocate more
than $10,000,000 per year (exclusive of costs of
administering the program) to grants under this section.
``(2) Other applicable rules.--Rules similar to the rules
under paragraphs (2) through (7) of section 7526(c) shall
apply with respect to the awarding of grants to qualified
return preparation clinics.''.
(2) Clerical amendment.--The table of sections for chapter
77 is amended by inserting after the item relating to section
7526 the following new item:

``Sec. 7526A Return preparation clinics for low-income taxpayers.''.

(b) Grants for Taxpayer Representation and Assistance
Clinics.--
(1) Increase in authorized grants.--Section 7526(c)(1)
(relating to aggregate limitation) is amended by striking
``$6,000,000'' and inserting ``$10,000,000''.
(2) Use of grants for overhead expenses prohibited.--
(A) In general.--Section 7526(c) (relating to special rules
and limitations) is amended by adding at the end the
following new paragraph:
``(6) Use of grants for overhead expenses prohibited.--No
grant made under this section may be used for the overhead
expenses of any clinic or of any institution sponsoring such
clinic.''.
(B) Conforming amendments.--Section 7526(c)(5) is amended--
(i) by inserting ``qualified'' before ``low-income'', and
(ii) by striking the last sentence.
(3) Promotion of clinics.--Section 7526(c), as amended by
paragraph (2), is amended by adding at the end the following
new paragraph:
``(7) Promotion of clinics.--The Secretary is authorized to
promote the benefits of and encourage the use of low-income
taxpayer clinics through the use of mass communications,
referrals, and other means.''.
(c) Effective Date.--The amendments made by this section
shall apply to grants made after the date of the enactment of
this Act.

SEC. 3. CLARIFICATION OF ENROLLED AGENT CREDENTIALS.

(a) In General.--Chapter 77 (relating to miscellaneous
provisions) is amended by adding at the end the following new
section:

``SEC. 7529. ENROLLED AGENTS.

``(a) In General.--The Secretary may prescribe such
regulations as may be necessary to regulate the conduct of
enrolled agents in regards to their practice before the
Internal Revenue Service.
``(b) Use of Credentials.--Any enrolled agents properly
licensed to practice as required under rules promulgated
under subsection (a) shall be allowed to use the credentials
or designation as `enrolled agent', `EA', or `E.A.'.''.
(b) Clerical Amendment.--The table of sections for chapter
77 is amended by adding at the end the following new item:

``Sec. 7529 Enrolled agents.''.

(c) Prior Regulations.--The authorization to prescribe
regulations under the amendments made by this section may not
be construed to have any effect on part 10 of title 31, Code
of Federal Regulations, or any other related Federal rule or
regulation issued before the date of the enactment of this
Act.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.

SEC. 4. REGULATION OF INCOME TAX RETURN PREPARERS.

(a) Authorization.--Section 330(a)(1) of title 31, United
States Code, is amended by inserting ``(including compensated
preparers of tax returns, documents, and other submissions)''
after ``representatives''.
(b) Requirement.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of the Treasury
shall prescribe regulations under section 330 of title 31,
United States Code--
(A) to regulate those compensated preparers not otherwise
regulated under regulations promulgated under such section on
the date of the enactment of this Act, and
(B) to carry out the provisions of, and amendments made by,
this section.
(2) Examination.--In promulgating the regulations under
paragraph (1), the Secretary shall develop (or approve) and
administer an eligibility examination designed to test--
(A) the technical knowledge and competency of each preparer
described in paragraph (1)(A)--
(i) to prepare Federal tax returns, including individual
and business income tax returns, and
(ii) to properly claim the earned income tax credit under
section 32 of the Internal Revenue Code of 1986 with respect
to such individual returns, and
(B) the knowledge of each such preparer regarding such
ethical standards for the preparation of such returns as
determined appropriate by the Secretary.
(3) Continuing eligibility.--
(A) In general.--The regulations under paragraph (1) shall
require a renewal of eligibility every 3 years and shall set
forth the manner in which a preparer described in paragraph
(1)(A) must renew such eligibility.
(B) Continuing education requirements.--As part of the
renewal of eligibility, such regulations shall require that
each such preparer show evidence of completion of such
continuing education requirements as specified by the
Secretary.
(C) Nonmonetary sanctions.--The regulations under paragraph
(1) shall provide for the suspension or termination of such
eligibility in the event of any failure to comply with the
requirements for such eligibility.
(c) Office of Professional Responsibility.--Section 330 of
title 31, United States Code, is amended by adding at the end
the following new subsection:
``(e) Office of Professional Responsibility.--
``(1) In general.--There shall be in the Internal Revenue
Service an Office of Professional Responsibility the
functions of which shall be as prescribed by the Secretary of
the Treasury, including the carrying out of the purposes of
this section.
``(2) Director.--
``(A) In general.--The Office of Professional
Responsibility shall be under the supervision and direction
of an official known as the `Director, Office of Professional
Responsibility'. The Director, Office of Professional
Responsibility, shall report directly to the Commissioner of
Internal Revenue and shall be entitled to compensation at the
same rate as the highest rate of basic pay established for
the Senior Executive Service under section 5382 of title 5,
or, if the Secretary of the Treasury so determines, at a rate
fixed under section 9503 of such title.
``(B) Appointment.--The Director, Office of Professional
Responsibility, shall be appointed by the Secretary of the
Treasury without regard to the provisions of title 5 relating
to appointments in the competitive service or the Senior
Executive Service.
``(3) Hearing.--Any hearing on an action initiated by the
Director, Office of Professional Responsibility to impose a
sanction under regulations promulgated under this section
shall be conducted in accordance with sections 556 and 557 of
title 5 by 1 or

[[Page S3827]]

more administrative law judges appointed by the Secretary of
the Treasury under section 3105 of title 5.
``(4) Information on sanctions to be available to the
public.--
``(A) Sanctions initiated by action.--When an action is
initiated by the Director, Office of Professional
Responsibility, to impose a sanction under regulations
promulgated under this section, the pleadings, and the record
of the proceeding and hearing shall be open to the public
(subject to restrictions imposed under subparagraph (C)).
``(B) Sanction not initiated by action.--When a sanction
under regulations promulgated under this section (other than
a private reprimand) is imposed without initiation of an
action, the Director, Office of Professional Responsibility,
shall make available to the public information identifying
the representative, employer, firm or other entity
sanctioned, as well as information about the conduct which
gave rise to the sanction (subject to restrictions imposed
under subparagraph (C)).
``(C) Restrictions on release of information.--Information
about clients of the representative, employer, firm or other
entity and medical information with respect to the
representative shall not be released to the public or
discussed in an open hearing, except to the extent necessary
to understand the nature, scope, and impact of the conduct
giving rise to the sanction or proposed sanction.
Disagreements regarding the application of this subparagraph
shall be resolved by the administrative law judge or, when a
sanction is imposed without initiation of an action, by the
Director, Office of Professional Responsibility.
``(5) Fees.--Any fees imposed under regulations promulgated
under this section shall be available without fiscal year
limitation to the Office of Professional Responsibility for
the purpose of reimbursement of the costs of administering
and enforcing the requirements of such regulations.''.
(d) Penalties.--
(1) Increase in certain penalties.--Subsections (b) and (c)
of section 6695 (relating to other assessable penalties with
respect to the preparation of income tax returns for other
persons) are each amended by striking ``$50'' and inserting
``$500''.
(2) Use of penalties.--Unless specifically appropriated
otherwise, there is authorized to be appropriated and is
appropriated to the Office of Professional Responsibility for
each fiscal year for the administration of the public
awareness campaign described in subsection (f) an amount
equal to the penalties collected during the preceding fiscal
year under sections 6694 and 6695 of the Internal Revenue
Code of 1986 and under the regulations promulgated under
section 330 of title 31, United States Code (by reason of
subsection (b)(1)).
(e) Coordination With Section 6060(A).--The Secretary of
the Treasury shall coordinate the requirements under the
regulations promulgated under section 330 of title 31, United
States Code, with the return requirements of section 6060 of
the Internal Revenue Code of 1986.
(f) Public Awareness Campaign.--The Secretary of the
Treasury shall conduct a public information and consumer
education campaign, utilizing paid advertising--
(1) to encourage taxpayers to use for Federal tax matters
only professionals who establish their competency under the
regulations promulgated under section 330 of title 31, United
States Code, and
(2) to inform the public of the requirements that any
compensated preparer of tax returns, documents, and
submissions subject to the requirements under the regulations
promulgated under such section must sign the return,
document, or submission prepared for a fee and display notice
of such preparer's compliance under such regulations.
(g) Additional Funds Available for Compliance Activities.--
The Secretary of the Treasury may use any specifically
appropriated funds for earned income tax credit compliance to
improve and expand enforcement of the regulations promulgated
under section 330 of title 31, United States Code.
(h) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.

SEC. 5. CONTRACT AUTHORITY FOR EXAMINATIONS OF PREPARERS.

The Secretary of the Treasury is authorized to contract for
the development or administration, or both, of any
examinations under the regulations promulgated under section
330 of title 31, United States Code.

SEC. 6. REGULATION OF REFUND ANTICIPATION LOAN FACILITATORS.

(a) Regulation of Refund Anticipation Loan Facilitators.--
(1) In general.--Chapter 77 (relating to miscellaneous
provisions), as amended by this Act, is amended by inserting
at the end the following new section:

``SEC. 7530. REFUND ANTICIPATION LOAN FACILITATORS.

``(a) Registration.--Each refund loan facilitator shall
register with the Secretary on an annual basis. As a part of
such registration, each refund loan facilitator shall provide
the Secretary with the taxpayer identification number of such
facilitator.
``(b) Disclosure.--Each refund loan facilitator shall
disclose to a taxpayer both orally and on a separate written
form at the time such taxpayer applies for a refund
anticipation loan the following information:
``(1) Nature of the transaction.--The refund loan
facilitator shall disclose--
``(A) that the taxpayer is applying for a loan that is
based upon the taxpayer's anticipated income tax refund,
``(B) the expected time within which the loan will be paid
to the taxpayer if such loan is approved,
``(C) the time frame in which tax refunds are typically
paid based upon the different filing options available to the
taxpayer,
``(D) that there is no guarantee that a refund will be paid
in full or received within a specified time period and that
the taxpayer is responsible for the repayment of the loan
even if the refund is not paid in full or has been delayed,
``(E) if the refund loan facilitator has an agreement with
another refund loan facilitator (or any lender working in
conjunction with another refund loan facilitator) to offset
outstanding liabilities for previous refund anticipation
loans provided by such other refund loan facilitator, that
any refund paid to the taxpayer may be so offset and the
implication of any such offset,
``(F) that the taxpayer may file an electronic return
without applying for a refund anticipation loan and the fee
for filing such an electronic return, and
``(G) that the loan may have substantial fees and interest
charges that may exceed those of other sources of credit and
the taxpayer should carefully consider--
``(i) whether such a loan is appropriate for the taxpayer,
and
``(ii) other sources of credit.
``(2) Fees and interest.--The refund loan facilitator shall
disclose all refund anticipation loan fees with respect to
the refund anticipation loan. Such disclosure shall include--
``(A) a copy of the fee schedule of the refund loan
facilitator,
``(B) the typical fees and interest rates (using annual
percentage rates as defined by section 107 of the Truth in
Lending Act (15 U.S.C. 1606)) for several typical amounts of
such loans,
``(C) typical fees and interest charges if a refund is not
paid or delayed, and
``(D) the amount of a fee (if any) that will be charged if
the loan is not approved.
``(3) Other information.--The refund loan facilitator shall
disclose any other information required to be disclosed by
the Secretary.
``(c) Fines and Sanctions.--
``(1) In general.--The Secretary may impose a monetary
penalty on any refund loan facilitator who--
``(A) fails to register under subsection (a), or
``(B) fails to disclose any information required under
subsection (b).
``(2) Maximum monetary penalty.--Any monetary penalty
imposed under paragraph (1) shall not exceed--
``(A) in the case of a failure to register, the gross
income derived from all refund anticipation loans made during
the period the refund loan facilitator was not registered,
and
``(B) in the case of a failure to disclose information, the
gross income derived from all refund anticipation loans with
respect to which such failure applied.
``(3) Reasonable cause exceptions.--No penalty may be
imposed under this subsection with respect to any failure if
it is shown that such failure is due to reasonable cause.
``(d) Definitions.--For purposes of this section--
``(1) Refund loan facilitator.--
``(A) In general.--The term `refund loan facilitator' means
any electronic return originator who--
``(i) solicits for, processes, receives, or accepts
delivery of an application for a refund anticipation loan, or
``(ii) facilitates the making of a refund anticipation loan
in any other manner.
``(B) Electronic return originator.--For purposes of
subparagraph (A), the term `electronic return originator'
means a person who originates the electronic submission of
income tax returns for another person.
``(2) Refund anticipation loan.--The term `refund
anticipation loan' means any loan of money or any other thing
of value to a taxpayer in connection with the taxpayer's
anticipated receipt of a Federal tax refund. Such term
includes a loan secured by the tax refund or an arrangement
to repay a loan from the tax refund.
``(3) Refund anticipation loan fees.--The term `refund
anticipation loan fees' means the fees, charges, interest,
and other consideration charged or imposed by the lender or
facilitator for the making of a refund anticipation loan.
``(e) Regulations.--The Secretary may prescribe such
regulation as necessary to implement the requirements of this
section.''.
(2) Clerical amendment.--The table of sections for chapter
77, as amended by this Act, is amended by adding at the end
the following new item:

``Sec. 7530 Refund anticipation loan facilitators.''.

(b) Disclosure of Penalty.--Subsection (k) of section 6103
is amended by adding at the end the following new paragraph:
``(10) Disclosure of penalties on refund anticipation loan
facilitators.--The Secretary may disclose the name of any
person with respect to whom a penalty has been imposed under
section 7530 and the amount of any such penalty.''.
(c) Use of Penalties.--Unless specifically appropriated
otherwise, there is authorized to be appropriated and is
appropriated to the Internal Revenue Service for each fiscal
year

[[Page S3828]]

for the administration of the public awareness campaign
described in subsection (d) an amount equal to the penalties
collected during the preceding fiscal year under section 7530
of the Internal Revenue Code of 1986.
(d) Public Awareness Campaign.--The Secretary of the
Treasury shall conduct a public information and consumer
education campaign, utilizing paid advertising, to educate
the public on making sound financial decisions with respect
to refund anticipation loans (as defined under section 7530
of the Internal Revenue Code of 1986), including the need to
compare--
(1) the rates and fees of such loans with the rates and
fees of conventional loans; and
(2) the amount of money received under the loan after
taking into consideration such costs and fees with the total
amount of the refund.
(e) Effective Date.--The amendments made by this section
shall take effect on the date that is 1 year after the date
of the enactment of this Act.

SEC. 7. TAXPAYER ACCESS TO FINANCIAL INSTITUTIONS.

(a) Establishment of Program.--The Secretary is authorized
to award demonstration project grants (including multi-year
grants) to eligible entities which partner with volunteer and
low-income preparation organizations to provide tax
preparation services and assistance in connection with
establishing an account in a federally insured depository
institution for individuals that currently do not have such
an account.
(b) Eligible Entities.--
(1) In general.--An entity is eligible to receive a grant
under this section if such an entity is--
(A) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code,
(B) a federally insured depository institution,
(C) an agency of a State or local government,
(D) a community development financial institution,
(E) an Indian tribal organization,
(F) an Alaska Native Corporation,
(G) a Native Hawaiian organization,
(H) a labor organization, or
(I) a partnership comprised of 1 or more of the entities
described in the preceding subparagraphs.
(2) Definitions.--For purposes of this section--
(A) Federally insured depository institution.--The term
``federally insured depository institution'' means any
insured depository institution (as defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813)) and any
insured credit union (as defined in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752)).
(B) Community development financial institution.--The term
``community development financial institution'' means any
organization that has been certified as such pursuant to
section 1805.201 of title 12, Code of Federal Regulations.
(C) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the same meaning as the term ``Native
Corporation'' under section 3(m) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(m)).
(D) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means any organization that--
(i) serves and represents the interests of Native
Hawaiians, and
(ii) has as a primary and stated purpose the provision of
services to Native Hawaiians.
(E) Labor organization.--The term ``labor organization''
means an organization--
(i) in which employees participate,
(ii) which exists for the purpose, in whole or in part, of
dealing with employers concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or conditions of
work, and
(iii) which is described in section 501(c)(5).
(c) Application.--An eligible entity desiring a grant under
this section shall submit an application to the Secretary in
such form and containing such information as the Secretary
may require.
(d) Limitation on Administrative Costs.--A recipient of a
grant under this section may not use more than 6 percent of
the total amount of such grant in any fiscal year for the
administrative costs of carrying out the programs funded by
such grant in such fiscal year.
(e) Evaluation and Report.--For each fiscal year in which a
grant is awarded under this section, the Secretary shall
submit a report to Congress containing a description of the
activities funded, amounts distributed, and measurable
results, as appropriate and available.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary, for the grant program
described in this section, $10,000,000, or such additional
amounts as deemed necessary, to remain available until
expended.
(g) Regulations.--The Secretary is authorized to promulgate
regulations to implement and administer the grant program
under this section.
(h) Study on Delivery of Tax Refunds.--
(1) In general.--The Secretary of the Treasury, in
consultation with the National Taxpayer Advocate, shall
conduct a study on the payment of tax refunds through debit
cards or other electronic means to assist individuals that do
not have access to financial accounts or institutions.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Treasury shall
submit a report to Congress containing the result of the
study conducted under subsection (a).

SEC. 8. EXPANDED USE OF TAX COURT PRACTICE FEES FOR PRO SE
TAXPAYERS.

(a) In General.--Section 7475(b) (relating to use of fees)
is amended by inserting before the period at the end ``and to
provide services to pro se taxpayers''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
____

Analysis of Taxpayer Protection and Assistance Act

OPR discipline is imposed after a hearing before an
administrative law judge or as a result of an agreement
between the OPR and the representative. Little is known about
the basis for these actions, because the current practice is
to publish only the identity of the representative, the
disciplinary action taken; and the effective date. The bill
would open the process to the public, providing greater
transparency and accountability for both the representatives
and the OPR.
Following the practice of many State attorney discipline
processes, the bill provides that proceedings before an
administrative law judge are open to the public. These
proceedings are initiated by the Director of the Office of
Professional Responsibility after the representative has been
notified of the proposed charges, and has had an opportunity
to respond to the Director. In many cases, the representative
agrees with the Director that a violation of the rules of
conduct has occurred, and agrees to accept a disciplinary
action without a hearing before an administrative Judge. When
discipline is imposed based on such an agreement, the bill
provides that the Director will provide summary information
about the conduct which gave rise to the sanction.
There is a longstanding provision of 26 USC 6103,
permitting taxpayer information to be disclosed in
proceedings brought to impose discipline under 31 USC 330.
The bill provides a limitation on the disclosure of
information about the client, allowing the administrative law
judge to decide whether the client information is necessary
to understand the nature, scope or impact of the misconduct.
In cases where discipline is imposed without bringing the
matter before an administrative law judge, the Director makes
this determination. The bill also provides a general
protection for medical information, the release of which
would be an unwarranted invasion of personal privacy. For
example, when a practitioner offers evidence of physical or
mental health problems to explain his or her conduct, the
release of that medical information in a proceeding may be
inappropriate.

Mr. AKAKA Mr. President, I am proud to cosponsor the Taxpayer
Protection and Assistance Act of 2005. I thank Senator Bingaman for
introducing this bill and working closely with me over the years to
protect taxpayers and expand access to financial services. I also
appreciate all of the efforts of Senators Baucus, Smith, Grassley, and
Pryor on this important piece of consumer protection legislation.
The earned income tax credit (EITC) helps working families meet their
food, clothing, housing, transportation, and education needs.
Unfortunately, EITC refunds intended for working families are
unnecessarily diminished by excessive tax preparation fees and the use
of refund anticipation loans (RALs). According to the Brookings
Institution, an estimated $1.9 billion intended to assist low-income
families via the EITC was received by commercial tax preparers and
affiliated national banks to pay for tax assistance, electronic filing
of returns, and high-cost refund anticipation loans in 2002. Interest
rates on RALs can range from 97 percent to more than 2,000 percent. The
interest rates and fees charged on this type of product are not
justified given the short duration and low repayment risk of this type
of loan.
This legislation is a good start towards improving the quality of tax
preparation services, providing relevant and useful disclosures about
the use of RALs, and expanding access to low- and moderate-income
families to mainstream financial services. The Act will provide the
Department of the Treasury with the authority to regulate individuals
preparing federal income tax returns and other documents for submission
to the Internal Revenue Service. Fifty-seven percent of EITC overclaims
were made on returns put together by paid preparers. This Act requires
examinations, education, and oversight of paid preparers and urges
citizens to utilize the services of an accredited or licensed tax
preparer. This should improve the quality of tax preparation services
available to our citizens.

[[Page S3829]]

In addition, the Act will require RAL facilitators to register with
the Department of the Treasury, and comply with minimum disclosure
requirements intended to improve the understanding of consumers about
the costs associated with RALs. The Act also requires that the
Department of the Treasury conduct a public awareness campaign intended
to improve the knowledge of consumers about the costs associated with
RALs. We need consumers to know more about the high fees associated
with RALs and what alternatives are available, such as opening a bank
or credit union account and having their refund directly deposited into
it.
I am pleased that authorization language for a grant program to link
tax preparation services with the opening of a bank or credit union
account is included in this legislation. It is estimated that four
million EITC recipients are classified as unbanked, and lack a formal
relationship with a financial institution. Approximately 45 percent of
EITC recipients pay for check cashing services. Check cashing services
reduce EITC benefits by $130 million. Having a bank account allows
individuals to take advantage of electronic filing, thus eliminating
the excessive fees that check cashing services and refund anticipation
loan providers assess. An account at a bank or credit union provides
consumers alternatives to rapid refund loans, check cashing services,
and lower cost remittances. In addition, bank and credit union accounts
provide access to products and services found at mainstream financial
institutions, such as savings accounts and reasonably priced loans.
This grant program builds upon the First Accounts initiative which
has funded pilot projects that have coupled tax preparation services
with the establishment of bank accounts. An example of such a project
is the partnership that has been established by The Center for Economic
Progress in Chicago. We need more of these types of programs intended
to provide much needed tax preparation assistance, and encourage the
use of mainstream financial services.
I urge all of my colleagues to support this legislation. This is an
important first step towards improving the quality of tax preparation
services. I look forward to continuing to work with my colleagues on
additional consumer protections and initiatives to bring more people
into mainstream financial services, such as what I included in S. 324,
the Taxpayer Abuse Prevention Act.
______

By Mr. BINGAMAN:
S. 833. A bill to amend the Workforce Investment Act of 1998 to
authroize the Secretary of Labor to provide for 5-year pilot projects
to establish a system of industry-validated national certifications of
skills in high-technology industries and a cross-disciplinary national
certification of skills in homeland security technology; to the
Committee on Health, Education, Labor, and Pensions.
______

By Mr. BINGAMAN:
S. 834. A bill to amend the Workforce Investment Act of 1998 to
provide for integrated workforce training programs for adults with
limited English proficiency, and for other purposes; to the Committee
on Health, Education, Labor, and Pensions.
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the text of
the bills be printed in the Record.
There being no objection, the bills were ordered to be printed in the
Record, as follows:

S. 833

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 ``Workforce Investment for
Next-Generation Technologies Act'' or the ``WING Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Science- and technology-based industries have been and
will continue to be engines of United States economic growth
and national security.
(2) The United States faces great challenges in the global
economy from nations with highly trained technical
workforces.
(3) Occupations requiring technical and scientific training
are projected to grow rapidly over the next decade, at 3
times the rate of all occupations (according to Science &
Engineering Indicators, 2002).
(4) The need for trained technology workers in national
security fields has increased as a result of the events of
September 11, 2001.
(5) National certification systems are well established and
accepted in fields such as health and information technology
and have succeeded in attracting more workers into those
fields.
(6) Business and workers could both be well served by
expanding the certification concept to other high technology
industries.
(7) National certification systems allow workers to develop
skills transportable to other States in response to layoffs
and other economic changes.
(8) National certification systems facilitate interstate
comparisons of education and training programs and help
identify best practices and reduce cost and development
redundancies.
(9) National certification systems promote quality and
encourage educational institutions to modernize programs to
ensure graduates pass industry-required exams.
(10) National certification based on industry-validated
skill standards introduces stricter accountability for
technical and vocational education programs.
(11) Certification signals value to employers and increases
applicants' employability.
(12) Certification offers a planned skill development route
into employment or professional advancement for working
adults and displaced workers.
(13) The National Science Foundation's Advanced
Technological Education Program, authorized by Congress in
1992, has created national centers of excellence at community
colleges that have established unique linkages with industry
to prepare individuals for the technical workforce under the
program.
(14) The Advanced Technological Education Program should be
expanded to all institutions of higher education, as the
Nation should invest more resources in training and education
programs that are responsive to marketplace needs.
(15) The one-stop delivery systems authorized under the
Workforce Investment Act of 1998 have proved to be effective
providers of information and resources for job seekers.
(16) The one-stop delivery systems offer special
opportunities for directing displaced workers to
certification programs that build skills for technical fields
where rewarding jobs are plentiful.

SEC. 3. PURPOSES.

The purposes of this Act are as follows:
(1) To increase the numbers of workers educated for
employment in high technology industries.
(2) To align the technical and vocational programs of
educational institutions with the workforce needs of high-
growth, next generation industries.
(3) To offer individuals expanded opportunities for rapid
training and retraining in portable skills needed to keep and
change jobs in a volatile economy.
(4) To provide United States businesses with adequate
numbers of skilled technical workers.
(5) To encourage a student's or worker's progress toward an
advanced degree while providing training, education, and
useful credentials for workforce entry or reentry.

SEC. 4. SKILL CERTIFICATION PILOT PROJECTS.

Section 171 of the Workforce Investment Act of 1998 (29
U.S.C. 2916) is amended by adding at the end the following:
``(e) Skill Certification Pilot Projects.--
``(1) Pilot projects.--In accordance with subsection (b),
the Secretary of Labor shall establish and carry out not more
than 20 pilot projects to establish a system of industry-
validated national certifications of skills, including--
``(A) not more than 16 national certifications of skills in
high-technology industries, including biotechnology,
telecommunications, highly automated manufacturing (including
semiconductors), advanced materials technology,
nanotechnology, and energy technology (including technology
relating to next-generation lighting); and
``(B) not more than 4 cross-disciplinary national
certifications of skills in homeland security technology.
``(2) Grants to eligible entities.--In carrying out the
pilot projects, the Secretary of Labor shall make grants to
eligible entities, for periods of not less than 36 months and
not more than 48 months, to carry out the authorized
activities described in paragraph (7) with respect to the
certifications described in paragraph (1).
``(3) Eligible entities.--
``(A) Definition of eligible entity.--In this subsection,
the term `eligible entity' means an entity that shall include
as a principal participant one or more of the following:
``(i) An institution of higher education (as defined in
section 101 or 102 of the Higher Education Act of 1965 (20
U.S.C. 1001, 1002)).
``(ii) An advanced technology education center.
``(iii) A local workforce investment board.
``(iv) A representative of a business in a target industry
for the certification involved.
``(v) A representative of an industry association, labor
organization, or community development organization.
``(B) History of demonstrated capability required.--To be
eligible to receive a grant under this subsection, an
eligible entity shall have a history of demonstrated
capability for effective collaboration with industry on
workforce development activities that is consistent with the
goals of this Act.
``(4) Applications.--To be eligible to receive a grant
under this subsection, an eligible entity shall submit an
application to the Secretary of Labor at such time, in such

[[Page S3830]]

manner, and containing such information as the Secretary may
require.
``(5) Criteria.--The Secretary of Labor shall establish
criteria, consistent with paragraph (6), for awarding grants
under this subsection.
``(6) Priority.--In selecting eligible entities to receive
grants under this subsection, the Secretary of Labor shall
give priority to eligible entities that demonstrate the
availability of and ability to provide matching funds from
industry or nonprofit sources. Such matching funds may be
provided in cash or in kind.
``(7) Authorized activities.--
``(A) In general.--An eligible entity that receives a grant
under this subsection shall use the funds made available
through the grant--
``(i) to establish certification requirements for a
certification described in paragraph (1) for an industry;
``(ii) to develop and initiate a certification program that
includes preparatory courses, course materials, procedures,
and examinations, for the certification; and
``(iii) to collect and analyze data related to the program
at the program's completion, and to identify best practices
(consistent with paragraph (8)) that may be used by local and
State workforce investment boards in the future.
``(B) Basis for requirements.--The certification
requirements shall be based on applicable skill standards for
the industry involved that have been developed by or linked
to national centers of excellence under the National Science
Foundation's Advanced Technological Education Program. The
requirements shall require an individual to demonstrate an
identifiable set of competencies relevant to the industry in
order to receive certification. The requirements shall be
designed to provide evidence of a transferable skill set that
allows flexibility and mobility of workers within a high
technology industry.
``(C) Relationship to training and education programs.--The
eligible entity shall ensure that--
``(i) a training and education program related to
competencies for the industry involved, that is flexible in
mode and timeframe for delivery and that meets the needs of
those seeking the certification, is offered; and
``(ii) the certification program is offered at the
completion of the training and education program.
``(D) Relationship to the associate degree.--The eligible
entity shall ensure that the certification program is
consistent with the requirements for a 2-year associate
degree.
``(E) Availability.--The eligible entity shall ensure that
the certification program is open to students pursuing
associate degrees, employed workers, and displaced workers.
``(8) Consultation.--The Secretary of Labor shall consult
with the Director of the National Science Foundation and the
Secretary of Education to ensure that the pilot projects
build on the expertise and information about best practices
gained through the implementation of the National Science
Foundation's Advanced Technological Education Program.
``(9) Core components; guidelines; reports.--After
collecting and analyzing the data obtained from the pilot
programs, the Secretary of Labor shall--
``(A) establish the core components of a model high-
technology certification program;
``(B) establish guidelines to assure development of a
uniform set of standards and policies for such programs;
``(C) submit and prepare a report on the pilot projects to
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce
of the House of Representatives; and
``(D) make available to the public both the data and the
report.
``(10) Authorization of appropriations.--In addition to
amounts authorized to be appropriated under section 174(b),
there is authorized to be appropriated $60,000,000 for fiscal
year 2006 to carry out this subsection.''.
____

S. 834

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 ``Limited English Proficiency
and Integrated Workforce Training Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The Workforce Investment Act of 1998 system is
designed--
(A) to ensure universal access for individuals in need of
employment and training systems; and
(B) to equip workers with those skills that contribute to
lifelong education.
(2) The Workforce Investment Act of 1998 system is designed
to recognize and reinforce the link between economic
development and workforce development to meet the joint
demands of employers and workers.
(3) The Workforce Investment Act of 1998 system should
address the ongoing shortage of essential skills in the
United States workforce in sectors with economic growth to
ensure the United States remains competitive in the global
economy.
(4) Immigrants accounted for over 50 percent of the growth
in the civilian workforce between 1990 and 2001, and assuming
today's levels of immigration remain constant, immigrants
will account for half of the growth in the working age
population between 2006 and 2015.
(5) The growth of the United States workforce and the
competitiveness of the United States economy is directly
linked to immigrants, some of whom are limited English
proficient.
(6) The Workforce Investment Act of 1998 system may be
significantly strengthened by funding the development of an
employer centered integrated workforce training program for
adults with limited English proficiency, taking into account
the needs of the local and regional economy and the
linguistic, social, and cultural characteristics of the
individual.

SEC. 3. INTEGRATED WORKFORCE TRAINING PROGRAMS FOR ADULTS
WITH LIMITED ENGLISH PROFICIENCY.

Section 171 of the Workforce Investment Act of 1998 (29
U.S.C. 2916) is amended by adding at the end the following:
``(e) Integrated Workforce Training Programs for Adults
With Limited English Proficiency.--
``(1) Definitions.--In this subsection:
``(A) Integrated workforce training.--The term `integrated
workforce training' means training that integrates
occupational skills training with language acquisition.
``(B) Secretary.--The term `Secretary' means the Secretary
of Labor in consultation with the Secretary of Education.
``(2) Demonstration project.--In accordance with subsection
(b), the Secretary shall establish and implement a national
demonstration project designed to both analyze and provide
data on workforce training programs that integrate English
language acquisition and occupational training.
``(3) Grants.--
``(A) In general.--In carrying out the demonstration
project, the Secretary shall make not less than 10 grants, on
a competitive basis, to eligible entities to provide the
integrated workforce training programs. In awarding grants
under this subsection the Secretary shall take into
consideration awarding grants to eligible entities from
diverse geographic areas, including rural areas.
``(B) Periods.--The Secretary shall make the grants for
periods of not less than 24 months and not more than 48
months.
``(4) Eligible entities.--
``(A) In general.--To be eligible to receive a grant under
this subsection, an eligible entity shall work in conjunction
with a local board and shall include as a principal
participant one or more of the following:
``(i) An employer or employer association.
``(ii) A nonprofit provider of English language
instruction.
``(iii) A provider of occupational or skills training.
``(iv) A community-based organization.
``(v) An educational institution, including a 2- or 4-year
college, or a technical or vocational school.
``(vi) A labor organization.
``(vii) A local board.
``(B) Expertise.--To be eligible to receive a grant under
this subsection, an eligible entity shall have proven
expertise in--
``(i) serving individuals with limited English proficiency,
including individuals with lower levels of oral and written
English; and
``(ii) providing workforce programs with training and
English language instruction.
``(5) Applications.--
``(A) In general.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(B) Contents.--Each application submitted under
subparagraph (A) shall--
``(i) contain information, including capability statements,
that demonstrates that the eligible entity has the expertise
described in paragraph (4)(B); and
``(ii) include an assurance that the program to be assisted
shall--

``(I) establish a generalized adult bilingual workforce
training and education model that integrates English language
acquisition and occupational training, and incorporates the
unique linguistic and cultural factors of the participants;
``(II) establish a framework by which the employer,
employee, and other relevant members of the eligible entity
can create a career development and training plan that
assists both the employer and the employee to meet their
long-term needs;
``(III) ensure that the framework established under
subclause (II) takes into consideration the knowledge,
skills, and abilities of the employee with respect to both
the current and economic conditions of the employer and
future labor market conditions relevant to the local area;
and
``(IV) establish identifiable measures so that the progress
of the employee and employer and the relative efficacy of the
program can be evaluated and best practices identified.

``(6) -Criteria.--The Secretary shall establish criteria
for awarding grants under this subsection.
``(7) Integrated workforce training programs.--
``(A) Program components.--
``(i) Required components.--Each program that receives
funding under this subsection shall--

[[Page S3831]]

``(I) test an individual's English language proficiency
levels to assess oral and literacy gains from the beginning
and throughout program enrollment;
``(II) combine training specific to a particular occupation
or occupational cluster, with--

``(aa) English language instruction, such as instruction
through an English as a Second Language program, or an
English for Speakers of Other Languages program;
``(bb) basic skills instruction; and
``(cc) supportive services;

``(III) effectively integrate public and private sector
entities, including the local workforce investment system and
its functions, to achieve the goals of the program; and
``(IV) require matching or in-kind resources from private
and nonprofit entities.

``(ii) Permissible components.--The program may offer other
services, as necessary to promote successful participation
and completion, including work-based learning, substance
abuse treatment, and mental health services.
``(B) Goal.--Each program that receives funding under this
subsection shall be designed to prepare limited English
proficient adults for, and place such adults in, employment
in growing industries with identifiable career ladder paths.
``(C) Program types.--In selecting programs to receive
funding under this subsection, the Secretary shall select
programs that meet 1 or more of the following criteria:
``(i) A program that--

``(I) serves unemployed, limited English proficient
individuals with significant work experience or substantial
education but persistently low wages; and
``(II) aims to prepare such individuals for, and place such
individuals in, higher paying employment, defined for
purposes of this subparagraph as employment that provides at
least 75 percent of the median wage in the local area.

``(ii) A program that--

``(I) serves limited English proficient individuals with
lower levels of oral and written fluency, who are working but
at persistently low wages; and
``(II) aims to prepare such individuals for, and place such
individuals in, higher paying employment, through services
provided at the work site, or at a location central to
several work sites, during work hours.

``(iii) A program that--

``(I) serves unemployed, limited English proficient
individuals with lower levels of oral and written fluency,
who have little or no work experience; and
``(II) aims to prepare such individuals for, and place such
individuals in, employment through services that include
subsidized employment, in addition to the components required
in subparagraph (A)(i).

``(iv) A program that includes funds from private and
nonprofit entities.
``(D) Program approaches.--In selecting programs to receive
funding under this subsection, the Secretary shall select
programs with different approaches to integrated workforce
training, in different contexts, in order to obtain
comparative data on multiple approaches to integrated
workforce training and English language instruction, to
ensure programs are tailored to characteristics of
individuals with varying skill levels and to assess how
different curricula work for limited English proficient
populations. Such approaches may include--
``(i) bilingual programs in which the workplace language
component and the training are conducted in a combination of
an individual's native language and English;
``(ii) integrated workforce training programs that combine
basic skills, language instruction, and job specific skills
training; or
``(iii) sequential programs that provide a progression of
skills, language, and training to ensure success upon an
individual's completion of the program.
``(8) Evaluation by eligible entity.--Each eligible entity
that receives a grant under this subsection for a program
shall carry out a continuous program evaluation and an
evaluation specific to the last phase of the program
operations.
``(9) Evaluation by secretary.--
``(A) In general.--The Secretary shall conduct an
evaluation of program impacts of the programs funded under
the demonstration project, with a random assignment,
experimental design impact study done at each worksite at
which such a program is carried out.
``(B) Data collection and analysis.--The Secretary shall
collect and analyze the data from the demonstration project
to determine program effectiveness, including gains in
language proficiency, acquisition of skills, and job
advancement for program participants.
``(C) Report.--The Secretary shall prepare and submit to
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce
of the House of Representatives, and make available to the
public, a report on the demonstration project, including the
results of the evaluation.
``(10) Technical assistance.--The Secretary shall provide
technical assistance to recipients of grants under this
subsection throughout the grant periods.
``(11) Authorization of appropriations.--In addition to
amounts authorized to be appropriated under section 174(b),
there are authorized to be appropriated for fiscal year
2006--
``(A) $10,000,000 to make grants under paragraph (3); and
``(B) $1,000,000 to carry out paragraph (9).''.
______

By Mr. CRAIG (for himself and Mr. Burns):
S. 835. A bill to amend the Internal Revenue Code of 1986 to allow a
nonrefundable tax credit for elder care expenses; to the Committee on
Finance.
Mr. CRAIG. Mr. President, today I am introducing the Senior Elder
Care Relief and Empowerment Act--the SECURE Act.
The SECURE Act would provide eligible taxpayers with a nonrefundable
tax credit equal to 50 percent of qualified expenses incurred on behalf
of senior citizens above a $1,000 spending floor.
The Senate Special Committee on Aging, which I chaired in the 108th
Congress and of which I remain a member, held several hearings over the
last couple years on different facets of the growing long-term care
crisis in this country. A major concern of mine is that the Federal
long-term care policy mix may not have the right incentives--especially
when it comes to the tough choices faced by families who want to care
for their frail and aging relatives.
More and more families are facing the stress and financial
difficulties that come with caring for their aging parents.
It is critical to note that families, not government, provide 80
percent of long-term care for older persons in the United States. This
is an enormous strength of our long-term care system. The U.S.
Administration on Aging reports that about 22 million people serve as
informal caregivers for seniors with at least one limitation on their
activities of daily living.
These caregivers often face extreme stress and financial burden--
especially those we call the sandwich generation. The sandwich
generation refers to those sandwiched between caring for their aging
parents and caring for their own children.
It is difficult for families to balance caring for children and
saving or paying for college, while at the same time struggling with
financing care for frail and aging parents.
Many caregivers forgo job promotions, reduce their hours on the job,
cut back to part-time, or take extended leaves of absence to stay at
home and care for their aging family members. Direct expenses include
the cost of prescription drugs, durable medical equipment, home
modifications, and physical therapy.
Caregivers also endure emotional and personal health strains.
The average age of a caregiver is 57, with one-third over age 65
themselves. Caregivers suffer from higher rates of depression or
anxiety. These conditions often lead to higher risk of heart disease,
cancer, diabetes, or other chronic conditions.
For many families, the nursing home is the only solution for
providing long-term care, and that can be a good choice. For other
families, keeping aging and vulnerable relatives in their own home or
in the caregiver's home makes sense.
Family caregiving for aging and vulnerable relatives requires a
flexible national response to ensure seniors and their families have
the most appropriate high quality choices.
That is why I am introducing the SECURE Act. This legislation would
help reduce the financial strain and related emotional and medical
stress faced by family caregivers, as they care for their frail and
aging parents, by providing much-needed tax relief for qualified
expenses.
The SECURE Act would increase the eldercare choices available to
families and has the potential to reduce the number of seniors forced
to spend down their nest-egg in order to qualify for Medicaid services.
Qualified expenses include costs that are not reimbursable--those not
covered by Medicare or other insurance--for physical assistance with
essential daily activities to prevent injury; long-term care expenses,
including normal household services; architectural expenses necessary
to modify the senior's residence; respite care; adult daycare; assisted
living services that are non-housing related expenses; independent
living; home care; and home health care.
Seniors with long-term care needs also would be able to use the tax
credit on their own behalf.

[[Page S3832]]

The SECURE Act should not preclude seniors or those near retirement
from purchasing long-term care insurance. The Act would provide tax
relief for high-risk seniors who cannot qualify for long-term care
insurance policies.
I invite my colleagues to cosponsor this compassionate legislation.
I ask unanimous consent that the text of the bill and a brief
description be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 835

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 ``Senior Elder Care Relief and
Empowerment (SECURE) Act''.

SEC. 2. CREDIT FOR ELDER CARE.

(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 25B the following new section:

``SEC. 25C. ELDER CARE EXPENSES.

``(a) Allowance of Credit.--In the case of an individual,
there shall be allowed as a credit against the tax imposed by
this chapter 50 percent of so much of the qualified elder
care expenses paid or incurred by the taxpayer with respect
to each qualified senior citizen as exceeds $1,000.
``(b) Qualified Senior Citizen.--For purposes of this
section, the term `qualified senior citizen' means an
individual--
``(1) who has attained normal retirement age (as determined
under section 216 of the Social Security Act) before the
close of the taxable year,
``(2) who is a chronically ill individual (within the
meaning of section 7702B(c)(2)(B)), and
``(3) who is--
``(A) the taxpayer,
``(B) a family member (within the meaning of section
529(e)(2)) of the taxpayer, or
``(C) a dependent (within the meaning of section 152) of
the taxpayer.
``(c) Qualified Elder Care Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified elder care expenses'
means expenses paid or incurred by the taxpayer with respect
to the qualified senior citizen for--
``(A) qualified long-term care services (as defined in
section 7702B(c)),
``(B) respite care, or
``(C) adult day care.
``(2) Exceptions.--The term `qualified elder care expenses'
does not include--
``(A) any expense to the extent such expense is compensated
for by insurance or otherwise, and
``(B) any expense paid to a nursing facility (as defined in
section 1919 of the Social Security Act).
``(d) Other Definitions and Special Rules.--
``(1) Adult day care.--The term `adult day care' means care
provided for a qualified senior citizen through a structured,
community-based group program which provides health, social,
and other related support services on a less than 16-hour per
day basis.
``(2) Respite care.--The term `respite care' means planned
or emergency care provided to a qualified senior citizen in
order to provide temporary relief to a caregiver of such
senior citizen.
``(3) Married individuals.--Rules similar to the rules of
paragraphs (2), (3), and (4) of section 21(e) shall apply for
purposes of this section.
``(4) No double benefit.--No deduction or other credit
under this chapter shall take into account any expense taken
into account for purposes of determining the credit under
this section.
``(5) Identifying information required with respect to
service provider.--No credit shall be allowed under
subsection (a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer identification number
of such person are included on the return claiming the
credit, or
``(B) if such person is an organization described in
section 501(c)(3) and exempt from tax under section 501(a),
the name and address of such person are included on the
return claiming the credit.

In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall
not apply if it is shown that the taxpayer exercised due
diligence in attempting to provide the information so
required.
``(6) Identifying information required with respect to
qualified senior citizens.--No credit shall be allowed under
this section with respect to any qualified senior citizen
unless the TIN of such senior citizen is included on the
return claiming the credit.''.
(b) Conforming Amendments.--
(1) Section 6213(g)(2)(H) of the Internal Revenue Code of
1986 (relating to mathematical or clerical error) is amended
by inserting ``, section 25C (relating to elder care
expenses),'' after ``employment)''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25B the
following new item:

``Sec. 25C Elder care expenses.''.

(c) Effective Date.--The amendments made by this section
shall apply to expenses incurred in taxable years beginning
after December 31, 2004.

Senior Elder Care Relief and Empowerment (Secure) Act

brief summary of provisions

April 2005

How is the tax credit structured?
50% tax credit rate for qualified expenses for elder care
provided to a qualified senior citizen with long-term care
needs, for all qualified expenses above a ``floor'' of $1,000
already provided by the taxpayer (for example: $500 credit on
first $2,000 spent; $10,000 credit on first $21,000 spent).
What are the qualifications for beneficiaries of the tax
credit?
Must have reached at least normal retirement age under
Social Security (currently age 65), Certification by a
licensed physician that the cared-for senior is unable to
perform at least two basic activities of daily living.
Who can claim the credit?
Senior for his/her own care, Taxpaying family member, Any
taxpaying family claiming the cared-for senior as a
dependent.
What are the qualified expenses?
Un-reimbursable costs (those not covered by Medicare or
other insurance), Physical assistance with essential daily
activities to prevent injury, Long-term care expenses
including normal household services, Architectural expenses
necessary to modify the senior's residence, Respite care,
Adult daycare, Assisted living services (non-housing related
expenses), Independent living, Home care, Home health care.

____________________