[Senate Report 114-24] [From the U.S. Government Publishing Office] Calendar No. 47 114th Congress } { Report SENATE 1st Session } { 114-24 ==================================================================== AMENDING TITLE 31, UNITED STATES CODE, TO CLARIFY THE USE OF CREDENTIALS BY ENROLLED AGENTS _______ April 14, 2015.--Ordered to be printed _______ Mr. Hatch, from the Committee on Finance, submitted the following R E P O R T [To accompany S. 914] The Committee on Finance, having considered an original bill, S. 914, to amend title 31, United States Code, to clarify the use of credentials by enrolled agents, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. CONTENTS Page I. LEGISLATIVE BACKGROUND............................................1 II. EXPLANATION OF THE BILL...........................................1 A. To Amend Title 31, United States Code, to Clarify the Use of Credentials by Enrolled Agents (sec. 1 of the bill and title 31 of the United States Code)......... 2 III.BUDGET EFFECTS OF THE BILL........................................2 IV. VOTES OF THE COMMITTEE............................................3 V. REGULATORY IMPACT AND OTHER MATTERS...............................3 VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED.............4 I. LEGISLATIVE BACKGROUND The Committee on Finance, having considered S. 914, to amend title 31, United States Code, to clarify the use of credentials by enrolled agents, reports favorably thereon without amendment and recommends that the bill do pass. Background and need for legislative action Background.--Based on a proposal recommended by Senator Portman, the Committee on Finance marked up original legislation (a bill to amend title 31, United States Code, to clarify the use of credentials by enrolled agents) on February 11, 2015, and, with a majority present, ordered the bill favorably reported. This legislation is identical to a bill introduced by Senator Portman in the 114th Congress (S. 422) and the 113th Congress (S. 2447). Similar legislation was introduced by Senator Portman in the 113th Congress (S. 1134). Need for legislative action.--The Committee believes that individuals who meet the regulatory requirements established by the Secretary should be able to use the specified credentials or designation in any State or Federal jurisdiction. II. EXPLANATION OF THE BILL A. To Amend Title 31, United States Code, To Clarify the Use of Credentials by Enrolled Agents (sec. 1 of the bill and title 31 of the United States Code) PRESENT LAW Treasury Department Circular No. 230 provides rules relating to practice before the Internal Revenue Service (``IRS'') by attorneys, certified public accountants, enrolled agents, enrolled actuaries, and others. REASONS FOR CHANGE The Committee believes that individuals who meet the regulatory requirements established by the Secretary should be able to use the specified credentials or designation in any State or Federal jurisdiction. EXPLANATION OF PROVISION The provision permits enrolled agents meeting the Secretary's qualifications to use the designation ``enrolled agent,'' ``EA,'' or ``E.A.'' EFFECTIVE DATE The provision is effective on the date of enactment. III. BUDGET EFFECTS OF THE BILL A. Committee Estimates In compliance with paragraph 11(a) of rule XXVI of the Standing Rules of the Senate and section 308(a)(1) of the Congressional Budget and Impoundment Control Act of 1974, as amended (the ``Budget Act''), the following statement is made concerning the estimated budget effects of the revenue provisions of the bill to amend title 31, United States Code, to clarify the use of credentials by enrolled agents as reported. The bill is estimated to have a negligible effect on Federal fiscal year budget receipts for the period 2015-2025. B. Budget Authority and Tax Expenditures Budget authority In compliance with section 308(a)(1) of the Budget Act, the Committee states that no provisions of the bill as reported involve new or increased budget authority. Tax expenditures In compliance with section 308(a)(1) of the Budget Act, the Committee states that no provisions of the bill as reported affect the levels of tax expenditures. C. Consultation With Congressional Budget Office In accordance with section 403 of the Budget Act, the Committee advises that the Congressional Budget Office has not submitted a statement on the bill. The letter from the Congressional Budget Office will be provided separately. IV. VOTES OF THE COMMITTEE In compliance with paragraph 7(b) of rule XXVI of the Standing Rules of the Senate, the Committee states that, with a majority present, the bill to amend title 31, United States Code, to clarify the use of credentials by enrolled agents, was ordered favorably reported by voice vote on February 11, 2015. V. REGULATORY IMPACT AND OTHER MATTERS A. Regulatory Impact Pursuant to paragraph 11(b) of rule XXVI of the Standing Rules of the Senate, the Committee makes the following statement concerning the regulatory impact that might be incurred in carrying out the provisions of the bill. Impact on individuals and businesses, personal privacy and paperwork The bill permits enrolled agents meeting the Secretary's qualifications to use the designation ``enrolled agent,'' ``EA,'' or ``E.A.'' The provisions of the bill do not impact personal privacy. B. Unfunded Mandates Statement This information is provided in accordance with section 423 of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104- 4). The Committee has determined that the tax provisions of the reported bill do not contain Federal private sector mandates or Federal intergovernmental mandates on State, local, or tribal governments within the meaning of Public Law 104-4, the Unfunded Mandates Reform Act of 1995. C. Tax Complexity Analysis Section 4022(b) of the Internal Revenue Service Reform and Restructuring Act of 1998 (``IRS Reform Act'') requires the staff of the Joint Committee on Taxation (in consultation with the Internal Revenue Service and the Treasury Department) to provide a tax complexity analysis. The complexity analysis is required for all legislation reported by the Senate Committee on Finance, the House Committee on Ways and Means, or any committee of conference if the legislation includes a provision that directly or indirectly amends the Internal Revenue Code and has widespread applicability to individuals or small businesses. The staff of the Joint Committee on Taxation has determined that there are no provisions that are of widespread applicability to individuals or small businesses. VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED In the opinion of the Committee, it is necessary in order to expedite the business of the Senate, to dispense with the requirements of paragraph 12 of rule XXVI of the Standing Rules of the Senate (relating to the showing of changes in existing law made by the bill as reported by the Committee). [all]