		II
		112th CONGRESS
		1st Session
		S. 1434
		IN THE SENATE OF THE UNITED STATES

			July 28, 2011
			Mr. Carper (for himself
			 and Mr. Blunt) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To protect information relating to consumers, to require
		  notice of security breaches, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Data Security Act of
			 2011.
		2.DefinitionsFor purposes of this Act, the following
			 definitions shall apply:
			(1)AffiliateThe
			 term affiliate means any company that controls, is controlled by,
			 or is under common control with another company.
			(2)AgencyThe
			 term agency has the same meaning as in section 551(1) of title 5,
			 United States Code.
			(3)Breach of data
			 security
				(A)In
			 generalThe term breach of data security means the
			 unauthorized acquisition of sensitive account information or sensitive personal
			 information.
				(B)Exception for
			 data that is not in usable form
					(i)In
			 generalThe term breach of data security does not
			 include the unauthorized acquisition of sensitive account information or
			 sensitive personal information that is maintained or communicated in a manner
			 that is not usable—
						(I)to commit
			 identity theft; or
						(II)to make
			 fraudulent transactions on financial accounts.
						(ii)Rule of
			 ConstructionFor purposes of this subparagraph, information that
			 is maintained or communicated in a manner that is not usable includes any
			 information that is maintained or communicated in an encrypted, redacted,
			 altered, edited, or coded form.
					(4)CommissionThe
			 term Commission means the Federal Trade Commission.
			(5)ConsumerThe
			 term consumer means an individual.
			(6)Consumer
			 reporting agency that compiles and maintains files on consumers on a nationwide
			 basisThe term consumer reporting agency that compiles and
			 maintains files on consumers on a nationwide basis has the same meaning
			 as in section 603(p) of the Fair Credit Reporting Act (15 U.S.C.
			 1681a(p)).
			(7)Covered
			 entity
				(A)In
			 generalThe term covered entity means any—
					(i)entity, the
			 business of which is engaging in financial activities, as described in section
			 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k));
					(ii)financial
			 institution, including any institution described in section 313.3(k) of title
			 16, Code of Federal Regulations, as in effect on the date of enactment of this
			 Act;
					(iii)entity that
			 maintains or otherwise possesses information that is subject to section 628 of
			 the Fair Credit Reporting Act (15 U.S.C. 1681w); or
					(iv)other
			 individual, partnership, corporation, trust, estate, cooperative, association,
			 or entity that maintains or communicates sensitive account information or
			 sensitive personal information.
					(B)ExceptionThe
			 term covered entity does not include any agency or any other unit
			 of Federal, State, or local government or any subdivision of such unit.
				(8)Financial
			 institutionThe term financial institution has the
			 same meaning as in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C.
			 6809).
			(9)Sensitive
			 account informationThe term sensitive account
			 information means a financial account number relating to a consumer,
			 including a credit card number or debit card number, in combination with any
			 security code, access code, password, or other personal identification
			 information required to access the financial account.
			(10)Sensitive
			 personal information
				(A)In
			 generalThe term sensitive personal information
			 means the first and last name, address, or telephone number of a consumer, in
			 combination with any of the following relating to such consumer:
					(i)Social Security
			 account number.
					(ii)Driver’s license
			 number or equivalent State identification number.
					(iii)Taxpayer
			 identification number.
					(B)ExceptionThe
			 term sensitive personal information does not include publicly
			 available information that is lawfully made available to the general public
			 from—
					(i)Federal, State,
			 or local government records; or
					(ii)widely
			 distributed media.
					(11)Substantial
			 harm or inconvenience
				(A)In
			 generalThe term substantial harm or inconvenience
			 means—
					(i)material
			 financial loss to, or civil or criminal penalties imposed on, a consumer, due
			 to the unauthorized use of sensitive account information or sensitive personal
			 information relating to such consumer; or
					(ii)the need for a
			 consumer to expend significant time and effort to correct erroneous information
			 relating to the consumer, including information maintained by a consumer
			 reporting agency, financial institution, or government entity, in order to
			 avoid material financial loss, increased costs, or civil or criminal penalties,
			 due to the unauthorized use of sensitive account information or sensitive
			 personal information relating to such consumer.
					(B)ExceptionThe
			 term substantial harm or inconvenience does not include—
					(i)changing a
			 financial account number or closing a financial account; or
					(ii)harm or
			 inconvenience that does not result from identity theft or account fraud.
					3.Protection of
			 information and security breach notification
			(a)Security
			 procedures required
				(1)In
			 generalEach covered entity shall implement, maintain, and
			 enforce reasonable policies and procedures to protect the confidentiality and
			 security of sensitive account information and sensitive personal information
			 which is maintained or is being communicated by or on behalf of a covered
			 entity, from the unauthorized use of such information that is reasonably likely
			 to result in substantial harm or inconvenience to the consumer to whom such
			 information relates.
				(2)LimitationAny
			 policy or procedure implemented or maintained under paragraph (1) shall be
			 appropriate to the—
					(A)size and
			 complexity of a covered entity;
					(B)nature and scope
			 of the activities of such entity; and
					(C)sensitivity of
			 the consumer information to be protected.
					(b)Investigation
			 required
				(1)In
			 generalIf a covered entity determines that a breach of data
			 security has or may have occurred in relation to sensitive account information
			 or sensitive personal information that is maintained or is being communicated
			 by, or on behalf of, such covered entity, the covered entity shall conduct an
			 investigation—
					(A)to assess the
			 nature and scope of the breach;
					(B)to identify any
			 sensitive account information or sensitive personal information that may have
			 been involved in the breach; and
					(C)to determine if
			 such information is reasonably likely to be misused in a manner causing
			 substantial harm or inconvenience to the consumers to whom the information
			 relates.
					(2)Neural networks
			 and information security programsIn determining the likelihood
			 of misuse of sensitive account information under paragraph (1)(C), a covered
			 entity shall consider whether any neural network or security program has
			 detected, or is likely to detect or prevent, fraudulent transactions resulting
			 from the breach of security.
				(c)Notice
			 requiredIf a covered entity determines under subsection
			 (b)(1)(C) that sensitive account information or sensitive personal information
			 involved in a breach of data security is reasonably likely to be misused in a
			 manner causing substantial harm or inconvenience to the consumers to whom the
			 information relates, such covered entity, or a third party acting on behalf of
			 such covered entity, shall—
				(1)notify, in the
			 following order—
					(A)the appropriate
			 agency or authority identified in section 5;
					(B)an appropriate
			 law enforcement agency;
					(C)any entity that
			 owns, or is obligated on, a financial account to which the sensitive account
			 information relates, if the breach involves a breach of sensitive account
			 information;
					(D)each consumer
			 reporting agency that compiles and maintains files on consumers on a nationwide
			 basis, if the breach involves sensitive personal information relating to 5,000
			 or more consumers; and
					(E)all consumers to
			 whom the sensitive account information or sensitive personal information
			 relates; and
					(2)take reasonable
			 measures to restore the security and confidentiality of the sensitive account
			 information or sensitive personal information involved in the breach.
				(d)Compliance
				(1)In
			 generalA financial institution shall be deemed to be in
			 compliance with—
					(A)subsection (a),
			 and any regulations prescribed under such subsection, if such institution
			 maintains policies and procedures to protect the confidentiality and security
			 of sensitive account information and sensitive personal information that are
			 consistent with the policies and procedures of such institution that are
			 designed to comply with the requirements of section 501(b) of the
			 Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)) and any regulations or guidance
			 prescribed under that section that are applicable to such institution;
			 and
					(B)subsections (b)
			 and (c), and any regulations prescribed under such subsections, if such
			 institution—
						(i)(I)maintains policies and
			 procedures to investigate and provide notice to consumers of breaches of data
			 security that are consistent with the policies and procedures of such
			 institution that are designed to comply with the investigation and notice
			 requirements established by regulations or guidance under section 501(b) of the
			 Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)) that are applicable to such
			 institution; or
							(II)is an affiliate of a bank holding
			 company that maintains policies and procedures to investigate and provide
			 notice to consumers of breaches of data security that are consistent with the
			 policies and procedures of a bank that is an affiliate of such institution, and
			 that bank’s policies and procedures are designed to comply with the
			 investigation and notice requirements established by any regulations or
			 guidance under section 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b))
			 that are applicable to that bank; and
							(ii)provides for
			 notice to the entities described under subparagraphs (B), (C), and (D) of
			 subsection (c)(1), if notice is provided to consumers pursuant to the policies
			 and procedures of such institution described in clause (i).
						(2)DefinitionsFor
			 purposes of this subsection, the terms bank holding company and
			 bank shall have the same meaning given such terms under section 2
			 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841).
				4.Implementing
			 regulations
			(a)In
			 generalNotwithstanding any other provision of law, and except as
			 provided under section 6, the agencies and authorities identified in section 5,
			 with respect to the covered entities that are subject to the respective
			 enforcement authority of such agencies and authorities, shall prescribe
			 regulations to implement this Act.
			(b)CoordinationEach
			 agency and authority required to prescribe regulations under subsection (a)
			 shall consult and coordinate with each other agency and authority identified in
			 section 5 so that, to the extent possible, the regulations prescribed by each
			 agency and authority are consistent and comparable.
			(c)Method of
			 providing notice to consumersThe regulations required under
			 subsection (a) shall—
				(1)prescribe the
			 methods by which a covered entity shall notify a consumer of a breach of data
			 security under section 3; and
				(2)allow a covered
			 entity to provide such notice by—
					(A)written,
			 telephonic, or e-mail notification; or
					(B)substitute
			 notification, if providing written, telephonic, or e-mail notification is not
			 feasible due to—
						(i)lack of
			 sufficient contact information for the consumers that must be notified;
			 or
						(ii)excessive cost
			 to the covered entity.
						(d)Content of
			 consumer noticeThe regulations required under subsection (a)
			 shall—
				(1)prescribe the
			 content that shall be included in a notice of a breach of data security that is
			 required to be provided to consumers under section 3; and
				(2)require such
			 notice to include—
					(A)a description of
			 the type of sensitive account information or sensitive personal information
			 involved in the breach of data security;
					(B)a general
			 description of the actions taken by the covered entity to restore the security
			 and confidentiality of the sensitive account information or sensitive personal
			 information involved in the breach of data security; and
					(C)the summary of
			 rights of victims of identity theft prepared by the Commission under section
			 609(d) of the Fair Credit Reporting Act (15 U.S.C. 1681g), if the breach of
			 data security involves sensitive personal information.
					(e)Timing of
			 noticeThe regulations required under subsection (a) shall
			 establish standards for when a covered entity shall provide any notice required
			 under section 3.
			(f)Law enforcement
			 delayThe regulations required under subsection (a) shall allow a
			 covered entity to delay providing notice of a breach of data security to
			 consumers under section 3 if a law enforcement agency requests such a delay in
			 writing.
			(g)Service
			 providersThe regulations required under subsection (a)
			 shall—
				(1)require any party
			 that maintains or communicates sensitive account information or sensitive
			 personal information on behalf of a covered entity to provide notice to that
			 covered entity if such party determines that a breach of data security has, or
			 may have, occurred with respect to such information; and
				(2)ensure that there
			 is only 1 notification responsibility with respect to a breach of data
			 security.
				(h)Timing of
			 regulationsThe regulations required under subsection (a)
			 shall—
				(1)be issued in
			 final form not later than 6 months after the date of enactment of this Act;
			 and
				(2)take effect not
			 later than 6 months after the date on which they are issued in final
			 form.
				5.Administrative
			 enforcement
			(a)In
			 generalNotwithstanding any other provision of law, section 3,
			 and the regulations required under section 4, shall be enforced exclusively
			 under—
				(1)section 8 of the
			 Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of—
					(A)a national bank,
			 a Federal branch or Federal agency of a foreign bank, or any subsidiary thereof
			 (other than a broker, dealer, person providing insurance, investment company,
			 or investment adviser), or a savings association, the deposits of which are
			 insured by the Federal Deposit Insurance Corporation, or any subsidiary thereof
			 (other than a broker, dealer, person providing insurance, investment company,
			 or investment adviser), by the Office of the Comptroller of the
			 Currency;
					(B)a member bank of
			 the Federal Reserve System (other than a national bank), a branch or agency of
			 a foreign bank (other than a Federal branch, Federal agency, or insured State
			 branch of a foreign bank), a commercial lending company owned or controlled by
			 a foreign bank, an organization operating under section 25 or 25A of the
			 Federal Reserve Act (12 U.S.C. 601, 604), or a bank holding company and its
			 nonbank subsidiary or affiliate (other than a broker, dealer, person providing
			 insurance, investment company, or investment adviser), by the Board of
			 Governors of the Federal Reserve System; and
					(C)a bank, the
			 deposits of which are insured by the Federal Deposit Insurance Corporation
			 (other than a member of the Federal Reserve System), an insured State branch of
			 a foreign bank, or any subsidiary thereof (other than a broker, dealer, person
			 providing insurance, investment company, or investment adviser), by the Board
			 of Directors of the Federal Deposit Insurance Corporation;
					(2)the Federal
			 Credit Union Act (12 U.S.C. 1751 et seq.), by the National Credit Union
			 Administration Board with respect to any federally insured credit union;
				(3)the Securities
			 Exchange Act of 1934 (15 U.S.C. 78a et seq.), by the Securities and Exchange
			 Commission with respect to any broker or dealer;
				(4)the Investment
			 Company Act of 1940 (15 U.S.C. 80a–1 et seq.), by the Securities and Exchange
			 Commission with respect to any investment company;
				(5)the Investment
			 Advisers Act of 1940 (15 U.S.C. 80b–1 et seq.), by the Securities and Exchange
			 Commission with respect to any investment adviser registered with the
			 Securities and Exchange Commission under that Act;
				(6)the Commodity
			 Exchange Act (7 U.S.C. 1 et seq.), by the Commodity Futures Trading Commission
			 with respect to any futures commission merchant, commodity trading advisor,
			 commodity pool operator, or introducing broker;
				(7)the provisions of
			 title XIII of the Housing and Community Development Act of 1992 (12 U.S.C. 4501
			 et seq.), by the Director of Federal Housing Enterprise Oversight (and any
			 successor to such functional regulatory agency) with respect to the Federal
			 National Mortgage Association, the Federal Home Loan Mortgage Corporation, and
			 any other entity or enterprise (as defined in that title) subject to the
			 jurisdiction of such functional regulatory agency under that title, including
			 any affiliate of any such enterprise;
				(8)State insurance
			 law, in the case of any person engaged in providing insurance, by the
			 applicable State insurance authority of the State in which the person is
			 domiciled; and
				(9)the Federal Trade
			 Commission Act (15 U.S.C. 41 et seq.), by the Commission for any other covered
			 entity that is not subject to the jurisdiction of any agency or authority
			 described under paragraphs (1) through (8).
				(b)Extension of
			 Federal Trade Commission enforcement authorityThe authority of
			 the Commission to enforce compliance with section 3, and the regulations
			 required under section 4, under subsection (a)(8) shall—
				(1)notwithstanding
			 the Federal Aviation Act of 1958 (49 U.S.C. App. 1301 et seq.), include the
			 authority to enforce compliance by air carriers and foreign air carriers;
			 and
				(2)notwithstanding
			 the Packers and Stockyards Act (7 U.S.C. 181 et seq.), include the authority to
			 enforce compliance by persons, partnerships, and corporations subject to the
			 provisions of that Act.
				(c)No private
			 right of Action
				(1)In
			 generalThis Act, and the regulations prescribed under this Act,
			 may not be construed to provide a private right of action, including a class
			 action with respect to any act or practice regulated under this Act.
				(2)Civil and
			 criminal ActionsNo civil or criminal action relating to any act
			 or practice governed under this Act, or the regulations prescribed under this
			 Act, shall be commenced or maintained in any State court or under State law,
			 including a pendent State claim to an action under Federal law.
				6.Protection of
			 information at Federal agencies
			(a)Data security
			 standardsEach agency shall implement appropriate standards
			 relating to administrative, technical, and physical safeguards—
				(1)to insure the
			 security and confidentiality of the sensitive account information and sensitive
			 personal information that is maintained or is being communicated by, or on
			 behalf of, that agency;
				(2)to protect
			 against any anticipated threats or hazards to the security of such information;
			 and
				(3)to protect
			 against misuse of such information, which could result in substantial harm or
			 inconvenience to a consumer.
				(b)Security breach
			 notification standardsEach agency shall implement appropriate
			 standards providing for notification of consumers when such agency determines
			 that sensitive account information or sensitive personal information that is
			 maintained or is being communicated by, or on behalf of, such agency—
				(1)has been acquired
			 without authorization; and
				(2)is reasonably
			 likely to be misused in a manner causing substantial harm or inconvenience to
			 the consumers to whom the information relates.
				7.Relation to
			 State lawNo requirement or
			 prohibition may be imposed under the laws of any State with respect to the
			 responsibilities of any person to—
			(1)protect the
			 security of information relating to consumers that is maintained or
			 communicated by, or on behalf of, such person;
			(2)safeguard
			 information relating to consumers from potential misuse;
			(3)investigate or
			 provide notice of the unauthorized access to information relating to consumers,
			 or the potential misuse of such information for fraudulent, illegal, or other
			 purposes; or
			(4)mitigate any loss
			 or harm resulting from the unauthorized access or misuse of information
			 relating to consumers.
			8.Delayed
			 effective date for certain provisions
			(a)Covered
			 entitiesSections 3 and 7
			 shall take effect on the later of—
				(1)1 year after the
			 date of enactment of this Act; or
				(2)the effective
			 date of the final regulations required under section 4.
				(b)AgenciesSection
			 6 shall take effect 1 year after the date of enactment of this Act.


114 HRES 349 IH: Supporting the goals and ideals of Family, Career and Community Leaders of America.
U.S. House of Representatives
2015-07-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		114th CONGRESS
		1st Session
		H. RES. 349
		IN THE HOUSE OF REPRESENTATIVES

			July 8, 2015
			Mr. Thompson of Pennsylvania (for himself and Mr. Langevin) submitted the following resolution; which was referred to the Committee on Education and the Workforce

		RESOLUTION
		Supporting the goals and ideals of Family, Career and Community Leaders of America.

 Whereas in 1945 post World War I, Future Homemakers of America was founded to support and train a new workforce;
 Whereas Future Homemakers of America has maintained a role in preparing youth for family, career, and community success through Family and Consumer Sciences education and has adapted to the needs of society;
 Whereas, as part of continued growth, Future Homemakers of America changed its name in 1999 to Family, Career and Community Leaders of America to better reflect the career focus of the skill preparation of its members;
 Whereas, as part of career and technical education Family, Career and Community Leaders of America is a tried and true solution to ensure that competitive skilled workers are ready, willing, and capable of holding jobs in high-wage, high-skill, and in-demand career fields, such as science, technology, engineering, and mathematics (commonly known as STEM) disciplines, design, hospitality, early childhood education, and many other fields that are vital to keeping the United States competitive in the global economy;
 Whereas Family, Career and Community Leaders of America helps the United States meet the very real and immediate challenges of strong families, economic development, student achievement, and global competitiveness;
 Whereas over 10,000,000 students have participated in Family, Career and Community Leaders of America over the last 70 years;
 Whereas, as a national career and technical student organization that affords students the opportunity to gain the knowledge, skills, and credentials needed to secure careers in growing, high-demand fields;
 Whereas secondary school students participating in Family Career and Community Leaders of America are significantly more likely to report that they had developed skills during high school in problem solving, project completion, research, applying to colleges, work-related contexts, communication, time management, and critical thinking;
 Whereas students at schools with highly integrated rigorous academic, career, and technical education programs have significantly higher achievement in reading, mathematics, and science than students at schools with less integrated programs; and
 Whereas Family, Career and Community Leaders of America is celebrating its 70th anniversary: Now, therefore, be it

 That the House of Representatives— (1)supports the goals and ideals of Family, Career and Community Leaders of America;
 (2)recognizes the importance of career and technical education in preparing a well-educated and skilled workforce in the United States; and
 (3)encourages educators, counselors, and administrators to promote career and technical education as an option for students.


114 HR 4152 IH: Cardiac Arrest Survival Act of 2015
U.S. House of Representatives
2015-12-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 4152
		IN THE HOUSE OF REPRESENTATIVES

			December 2, 2015
			Mr. Olson (for himself and Mr. Connolly) introduced the following bill; which was referred to the Committee on Energy and Commerce

		A BILL
		To amend the Public Health Service Act to clarify liability protections regarding emergency use of
			 automated external defibrillators.

 1.Short titleThis Act may be cited as the Cardiac Arrest Survival Act of 2015. 2.FindingsCongress finds the following:
 (1)Establishing a nationally uniform baseline of protection from civil liability for persons who use automated external defibrillators (in this section referred to as AEDs) in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency will encourage the deployment of additional AEDs, which will ultimately save lives that would otherwise have been lost to cardiac arrest.
 (2)The current patchwork of State Good Samaritan laws provides incomplete, inconsistent, and, in some instances, inadequate protection for entities considering the acquisition or deployment of AEDs. In these circumstances, concerns about potential liability resulting from the good-faith acquisition and deployment of this life-saving technology are inhibiting its deployment.
 (3)Such concerns are especially acute for entities with operations or facilities in multiple States, yet such entities are also among those in which the widespread deployment of AEDs would be most beneficial.
 (4)A nationally uniform baseline of protection from civil liability is needed for persons who use AEDs in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency.
 3.Liability regarding emergency use of automated external defibrillatorsSection 248 of the Public Health Service Act (42 U.S.C. 238q) is amended to read as follows:  248.Liability regarding emergency use of automated external defibrillators (a)Good samaritan protectionsExcept as provided in subsection (e), in the case of a person who—
 (1)uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, and
 (2)is not the owner-acquirer (as defined in subsection (c)(2)) of the device, such person is immune from civil liability for any harm resulting from the use or attempted use of such device by such person.(b)Premises owner/Lessee/Manager protectionsExcept as provided in subsection (e), in the case of a person who—
 (1)owns, occupies under a lease or similar arrangement, or manages— (A)the premises at which an automated external defibrillator device is used or attempted to be used on a victim of a perceived medical emergency, or
 (B)the premises from which an automated external defibrillator device used or attempted to be used on a victim of a perceived medical emergency is taken for such use, and
 (2)is not the owner-acquirer of such device, such person is immune from civil liability for any harm resulting from such use or attempted use of such device.(c)Device owner-Acquirer protections (1)In generalExcept as provided in subsection (e), an owner-acquirer of an AED is immune from civil liability for any harm resulting from the use or attempted use of such device, unless the harm was proximately caused by the failure of the owner-acquirer to properly maintain the device according to the guidelines of the device manufacturer.
 (2)Owner-acquirer definedFor purposes of this section, the term owner-acquirer means any person who owns or has otherwise acquired a possessory property interest in an AED that is used or attempted to be used on a victim of a perceived medical emergency.
 (d)Applicability of immunity in certain circumstancesThe immunity provided by subsections (a), (b), and (c) of this section shall apply regardless of whether—
 (1)the AED that is used or attempted to be used is marked with or accompanied by cautionary signage; (2)the AED that is used or attempted to be used is registered with any government;
 (3)the person who used or attempted to use the AED saw, read, understood, complied with, or attempted to comply with any cautionary signage present;
 (4)the person who used or attempted to use the AED had received any training relating to the use of (a) AEDs in general or (b) the particular AED used or attempted to be used; or
 (5)the person who used or attempted to use the AED was assisted or supervised by any other person, including but not limited to a licensed physician.
 (e)Inapplicability of immunity in certain circumstancesNotwithstanding anything to the contrary in subsection (d) of this section, immunity under subsection (a), (b), or (c)(1) does not apply to a person if—
 (1)such person’s willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim proximately caused the harm involved;
 (2)such person is a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional and within the scope of the employment or agency of the professional;
 (3)such person is a hospital, clinic, or other entity whose purpose is providing health care directly to patients, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent; or
 (4)such person is an owner-acquirer of the device who leased the device to a health care entity (or who otherwise provided the device to such entity for compensation without selling the device to the entity), and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent.
						(f)Rules of construction
 (1)In generalThe following apply with respect to this section: (A)This section does not establish any cause of action, or require that an automated external defibrillator device be placed at any building or other location. This section does not preempt any State law requiring that an automated external defibrillator be placed at any building or other location.
 (B)With respect to the class of persons for which this section provides immunity from civil liability, this section preempts the law of any State to the extent that the otherwise-applicable State law would allow for civil liability in any circumstance where this section would provide immunity from civil liability. This section does not preempt any State law providing immunity from civil liability in any circumstance for which this section would not provide such immunity.
 (C)This section does not waive any protection from liability for Federal officers or employees under— (i)section 233 of this title; or
 (ii)sections 1346(b), 2672, and 2679 of title 28, United States Code, or under alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of such title 28.
								(2)Civil actions under federal law
 (A)In generalThe applicability of subsections (a), (b), (c), (d), and (e) includes applicability to any action for civil liability described in subsection (a), (b), or (c) that arises under Federal law.
 (B)Federal areas adopting State lawIf a geographic area is under Federal jurisdiction and is located within a State but out of the jurisdiction of the State, and if, pursuant to Federal law, the law of the State applies in such area regarding matters for which there is no applicable Federal law, then an action for civil liability described in subsection (a), (b), or (c) that in such area arises under the law of the State is subject to subsections (a) through (f) in lieu of any related State law that would apply in such area in the absence of this subparagraph.
							(g)Federal jurisdiction
 (1)In any civil action arising under State law, the courts of the State involved have jurisdiction to apply the provisions of this section.
 (2)The actual, asserted, or potential application of any provision of this section in any civil action or as to any civil claim shall not establish the original jurisdiction of the Federal courts over such action or claim under section 1331 of title 28, United States Code.
						(h)Definitions
 (1)Perceived medical emergencyFor purposes of this section, the term perceived medical emergency means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual.
 (2)Other definitionsFor purposes of this section: (A)The term automated external defibrillator device or AED means a defibrillator device that—
 (i)is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act; (ii)is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed;
 (iii)upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and
 (iv)in the case of a defibrillator device that may be operated in either an automated or a manual mode, is set to operate in the automated mode.
 (B)The term cautionary signage means, with respect to an AED, any verbal or non-verbal markings or language purporting to limit use of the AED by members of the general public or to permit use of the AED only by persons with specific skills, qualifications, or training.
							(C)
 (i)The term harm includes physical, nonphysical, economic, and noneconomic losses. (ii)The term economic loss means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.
 (iii)The term noneconomic losses means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature..


116 HR 3556 IH: Fishing Equipment Tax Relief Act of 2019
U.S. House of Representatives
2019-06-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3556IN THE HOUSE OF REPRESENTATIVESJune 27, 2019Mr. Crist (for himself and Mr. Bilirakis) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide a reduced excise tax rate for portable,
			 electronically-aerated bait containers.

 1.Short titleThis Act may be cited as the Fishing Equipment Tax Relief Act of 2019. 2.Three percent rate for portable, electronically-aerated bait containers (a)In generalSection 4161(a) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph:

 (4)3 percent rate for portable, electronically-aerated bait containersIn the case of portable, electronically-aerated bait containers, paragraph (1) shall be applied by substituting 3 percent for 10 percent..
 (b)Effective dateThe amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer after December 31, 2019.


117 S791 IS: Federal Bird Safe Buildings Act of 2021
U.S. Senate
2021-03-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 791IN THE SENATE OF THE UNITED STATESMarch 17 (legislative day, March 16), 2021Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend title 40, United States Code, to direct the Administrator of General Services to incorporate practices and strategies to reduce bird fatalities resulting from collisions with certain public buildings, and for other purposes. 1.Short titleThis Act may be cited as the Federal Bird Safe Buildings Act of 2021.2.Use of bird-safe features, practices, and strategies in public buildings(a)In generalChapter 33 of title 40, United States Code, is amended by adding at the end the following:3319.Use of bird-safe features, practices, and strategies in public buildings(a)Construction, alteration, and acquisition of public buildingsThe Administrator of General Services (referred to in this section as the Administrator) shall incorporate, to the extent practicable, features, practices, and strategies to reduce bird fatalities resulting from collisions with public buildings for each public building—(1)constructed;(2)acquired; or(3)of which more than 50 percent of the facade is substantially altered, as determined by the Commissioner of Public Buildings.(b)Design guideThe Administrator shall develop a design guide to carry out subsection (a) that includes the following:(1)Features for reducing bird fatalities resulting from collisions with public buildings throughout all construction phases, taking into account the number of bird fatalities that occur at different types of public buildings.(2)Methods and strategies for reducing bird fatalities resulting from collisions with public buildings during the operation and maintenance of those buildings, including installing interior, exterior, and site lighting.(3)Best practices for reducing bird fatalities resulting from collisions with public buildings, including—(A)a description of the reasons for adopting the practices; and(B)an explanation for the omission of a best practice identified under subsection (c).(c)Identifying best practicesTo carry out subsection (b)(3), the Administrator may identify best practices for reducing bird fatalities resulting from collisions with public buildings, including best practices recommended by—(1)Federal agencies with expertise in bird conservation;(2)nongovernmental organizations with expertise in bird conservation; and(3)representatives of green building certification systems.(d)Dissemination of design guideThe Administrator shall disseminate the design guide developed under subsection (b) to all Federal agencies, subagencies, and departments with independent leasing authority from the Administrator.(e)Update to design guideThe Administrator shall, on a regular basis, update the design guide developed under subsection (b) with respect to the priorities of the Administrator for reducing bird fatalities resulting from collisions with public buildings.(f)Exempt buildingsThis section shall not apply to—(1)any building or site listed, or eligible for listing, on the National Register of Historic Places;(2)the White House and the grounds of the White House;(3)the Supreme Court building and the grounds of the Supreme Court; or(4)the United States Capitol and any building on the grounds of the Capitol.(g)CertificationNot later than October 1 of each fiscal year, the Administrator, acting through the Commissioner of Public Buildings, shall certify to Congress that the Administrator uses the design guide developed under subsection (b) for each public building described in subsection (a).(h)ReportNot later than October 1 of each fiscal year, the Administrator shall submit to Congress a report that includes— (1)the certification under subsection (g); and(2)to the extent practicable, the number of bird fatalities that occurred as a result of a collision with the public buildings occupied by each Federal agency..(b)Clerical amendmentThe table of sections for chapter 33 of title 40, United States Code, is amended by adding at the end the following:3319. Use of bird-safe features, practices, and strategies in public buildings..


		II
		112th CONGRESS
		2d Session
		S. 2519
		IN THE SENATE OF THE UNITED
		  STATES

			May 7, 2012
			Ms. Landrieu introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To reduce temporarily the duty on
		  s-Metolachlor.

		1.S-Metolachlor
			(a)In generalSubchapter II of chapter 99 of the
			 Harmonized Tariff Schedule of the United States is amended by inserting in
			 numerical sequence the following new heading:

								9902.01.00S-Metolachlor (CAS No. 87392–12–9) (provided for in subheading
						2924.29.47)6%No changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies to goods entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of the enactment of this
			 Act.


		III

		109th CONGRESS

		2d Session

		S. RES. 373

		IN THE SENATE OF THE UNITED STATES

			February 16, 2006

			Mr. Biden (for himself,

			 Mr. Cornyn, Mrs. Hutchison, Mr.

			 Kennedy, Mr. Leahy,

			 Mr. Hatch, and Mr. Specter) submitted the following resolution;

			 which was referred to the Committee on

			 the Judiciary

		RESOLUTION

		Expressing the sense of the Senate that the

		  Senate should continue to support the National Domestic Violence Hotline, a

		  critical national resource that saves lives each day, and commemorate its 10th

		  anniversary.

		Whereas 2006 marks the 10th year that the Hotline has been

			 answering calls and saving lives;

		Whereas, 10 years ago this month, the Hotline answered its

			 first call;

		Whereas the Hotline is a project of the Texas Council on

			 Family Violence headquartered in Austin, Texas, and provides crisis

			 intervention, information, and referral to victims of domestic violence, their

			 friends, and their families;

		Whereas the Hotline operates 24 hours a day and 365 days a

			 year;

		Whereas the Hotline provides its users with anonymous

			 assistance in more than 140 different languages, and a telecommunications

			 device for the deaf, deaf-blind, and hard of hearing;

		Whereas the Hotline was created by Congress in the

			 Violence Against Women Act of 1994 (Public Law 103–322; 108 Stat. 1902);

		Whereas Congress continues its commitment to families of

			 the United States by strengthening and renewing this important legislation in

			 2000 and most recently in December, 2005;

		Whereas, since taking its first call in 1996, the Hotline

			 has answered over 1,500,000 calls;

		Whereas, since its inception, the Hotline has become a

			 vital link to safety for victims of domestic violence and their

			 families;

		Whereas today, Hotline advocates answer as many as 600

			 calls per day and an average of 16,500 calls per month from women, men, and

			 children from across the United States;

		Whereas, as public awareness grows about domestic

			 violence, the Hotline has seen a significant increase in call volume, with

			 calls to the Hotline increasing by 200 percent over the last 10 years;

		Whereas, because no victim should ever get a busy signal,

			 the Hotline recently unveiled cutting edge technology that will allow more

			 victims to connect to life saving services; and

		Whereas the 10th anniversary of the Hotline marks a true

			 partnership between the Federal Government and private businesses as each has

			 come together in a collaborative effort to save lives: Now, therefore, be

			 it

		That the Senate should—

			(1)continue to

			 support the National Domestic Violence Hotline; and

			(2)commemorate the

			 10th anniversary of this critical national resource that saves lives each

			 day.


110 HR 3918 IH: Home Lead Safety Tax Credit Act

U.S. House of Representatives
2007-10-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3918
		IN THE HOUSE OF REPRESENTATIVES

			October 22, 2007
			Mr. Ruppersberger
			 (for himself and Mr. Cummings)
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a
		  tax credit for property owners who remove lead-based paint
		  hazards.

		1.Short title; findings;
			 purpose
			(a)Short
			 titleThis Act may be cited
			 as the Home Lead Safety Tax Credit Act
			 of 2007.
			(b)FindingsCongress finds that:
				(1)Lead is a metal
			 that can produce a wide range of health effects in humans when ingested.
			 Children are more vulnerable to lead poisoning than adults.
				(2)Lead poisoning is
			 a serious, entirely preventable threat to a child's intelligence, behavior, and
			 learning.
				(3)The Secretary of Health and Human Services
			 has established a national goal of ending childhood lead poisoning by
			 2010.
				(4)Despite this goal, there are still
			 24,000,000 housing units that pose a hazard, as defined by Environmental
			 Protection Agency and Department of Housing and Urban Development standards,
			 due to conditions such as peeling paint and settled dust on floors and
			 windowsills that contain lead at levels above Federal safety standards.
				(5)Current Federal lead abatement programs,
			 such as the Lead Hazard Control Grant Program of the Department of Housing and
			 Urban Development, only have resources sufficient to make approximately 8,800
			 homes lead-safe each year. In many cases, when State and local public health
			 departments identify a lead-poisoned child, resources are insufficient to
			 reduce or eliminate the hazards.
				(6)Childhood lead poisoning can be
			 dramatically reduced by the abatement or complete removal of all lead-based
			 paint. Empirical studies also have shown substantial reductions in lead
			 poisoning when the affected properties have undergone interim control
			 measures that are far less costly than abatement.
				(c)PurposeThe purpose of this Act is to encourage the
			 safe removal of lead hazards from homes and thereby decrease the number of
			 children who suffer reduced intelligence, learning difficulties, behavioral
			 problems, and other health consequences due to lead-poisoning.
			2.Home lead hazard
			 reduction activity tax credit
			(a)In
			 generalSubpart B of part IV
			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 foreign tax credit, etc.) is amended by adding at the end the following new
			 section:

					30D.Home lead hazard
				reduction activity
						(a)Allowance of
				creditThere shall be allowed
				as a credit against the tax imposed by this chapter for the taxable year an
				amount equal to 50 percent of the lead hazard reduction activity cost paid or
				incurred by the taxpayer during the taxable year for each eligible dwelling
				unit.
						(b)LimitationThe amount of the credit allowed under
				subsection (a) for any eligible dwelling unit for any taxable year shall not
				exceed—
							(1)either—
								(A)$3,000 in the case of lead hazard reduction
				activity cost including lead abatement measures described in clauses (i), (ii),
				(iv) and (v) of subsection (c)(1)(A), or
								(B)$1,000 in the case of lead hazard reduction
				activity cost including interim lead control measures described in clauses (i),
				(iii), (iv), and (v) of subsection (c)(1)(A), reduced by
								(2)the aggregate lead hazard reduction
				activity cost taken into account under subsection (a) with respect to such unit
				for all preceding taxable years.
							(c)Definitions and
				special rulesFor purposes of
				this section:
							(1)Lead hazard
				reduction activity cost
								(A)In
				generalThe term lead
				hazard reduction activity cost means, with respect to any eligible
				dwelling unit—
									(i)the cost for a certified risk assessor to
				conduct an assessment to determine the presence of a lead-based paint
				hazard,
									(ii)the cost for performing lead abatement
				measures by a certified lead abatement supervisor, including the removal of
				paint and dust, the permanent enclosure or encapsulation of lead-based paint,
				the replacement of painted surfaces, windows, or fixtures, or the removal or
				permanent covering of soil when lead-based paint hazards are present in such
				paint, dust, or soil,
									(iii)the cost for performing interim lead
				control measures to reduce exposure or likely exposure to lead-based paint
				hazards, including specialized cleaning, repairs, maintenance, painting,
				temporary containment, ongoing monitoring of lead-based paint hazards, and the
				establishment and operation of management and resident education programs, but
				only if such measures are evaluated and completed by a certified lead abatement
				supervisor using accepted methods, are conducted by a qualified contractor, and
				have an expected useful life of more than 10 years,
									(iv)the cost for a certified lead abatement
				supervisor, those working under the supervision of such supervisor, or a
				qualified contractor to perform all preparation, cleanup, disposal, and
				clearance testing activities associated with the lead abatement measures or
				interim lead control measures, and
									(v)costs incurred by or on behalf of any
				occupant of such dwelling unit for any relocation which is necessary to achieve
				occupant protection (as defined under section 35.1345 of title 24, Code of
				Federal Regulations).
									(B)LimitationThe term lead hazard reduction
				activity cost does not include any cost to the extent such cost is
				funded by any grant, contract, or otherwise by another person (or any
				governmental agency).
								(2)Eligible
				dwelling unit
								(A)In
				generalThe term
				eligible dwelling unit means, with respect to any taxable year,
				any dwelling unit—
									(i)placed in service before 1960,
									(ii)located in the United States,
									(iii)in which resides, for a total period of not
				less than 50 percent of the taxable year, at least 1 child who has not attained
				the age of 6 years or 1 woman of child-bearing age, and
									(iv)each of the residents of which during such
				taxable year has an adjusted gross income of less than 185 percent of the
				poverty line (as determined for such taxable year in accordance with criteria
				established by the Director of the Office of Management and Budget).
									(B)Dwelling
				unitThe term dwelling
				unit has the meaning given such term by section 280A(f)(1).
								(3)Lead-based paint
				hazardThe term
				lead-based paint hazard has the meaning given such term by section
				745.61 of title 40, Code of Federal Regulations.
							(4)Certified lead
				abatement supervisorThe term
				certified lead abatement supervisor means an individual certified
				by the Environmental Protection Agency pursuant to section 745.226 of title 40,
				Code of Federal Regulations, or an appropriate State agency pursuant to section
				745.325 of title 40, Code of Federal Regulations.
							(5)Certified
				inspectorThe term
				certified inspector means an inspector certified by the
				Environmental Protection Agency pursuant to section 745.226 of title 40, Code
				of Federal Regulations, or an appropriate State agency pursuant to section
				745.325 of title 40, Code of Federal Regulations.
							(6)Certified risk
				assessorThe term
				certified risk assessor means a risk assessor certified by the
				Environmental Protection Agency pursuant to section 745.226 of title 40, Code
				of Federal Regulations, or an appropriate State agency pursuant to section
				745.325 of title 40, Code of Federal Regulations.
							(7)Qualified
				contractorThe term
				qualified contractor means any contractor who has successfully
				completed a training course on lead safe work practices which has been approved
				by the Department of Housing and Urban Development and the Environmental
				Protection Agency.
							(8)Documentation
				required for credit allowanceNo credit shall be allowed under subsection
				(a) with respect to any eligible dwelling unit for any taxable year
				unless—
								(A)after lead hazard reduction activity is
				complete, a certified inspector or certified risk assessor provides written
				documentation to the taxpayer that includes—
									(i)evidence that—
										(I)the eligible dwelling unit passes the
				clearance examinations required by the Department of Housing and Urban
				Development under part 35 of title 40, Code of Federal Regulations,
										(II)the eligible dwelling unit does not contain
				lead dust hazards (as defined by section 745.227(e)(8)(viii) of such title 40),
				or
										(III)the eligible dwelling unit meets lead
				hazard evaluation criteria established under an authorized State or local
				program, and
										(ii)documentation showing that the lead hazard
				reduction activity meets the requirements of this section, and
									(B)the taxpayer files with the appropriate
				State agency and attaches to the tax return for the taxable year—
									(i)the documentation described in subparagraph
				(A),
									(ii)documentation of the lead hazard reduction
				activity costs paid or incurred during the taxable year with respect to the
				eligible dwelling unit, and
									(iii)a statement certifying that the dwelling
				unit qualifies as an eligible dwelling unit for such taxable year.
									(9)Basis
				reductionThe basis of any
				property for which a credit is allowable under subsection (a) shall be reduced
				by the amount of such credit (determined without regard to subsection
				(d)).
							(10)No double
				benefitAny deduction allowable for costs taken into account in
				computing the amount of the credit for lead-based paint abatement shall be
				reduced by the amount of such credit attributable to such costs.
							(d)Limitation based
				on amount of taxThe credit
				allowed under subsection (a) for the taxable year shall not exceed the excess
				of—
							(1)the sum of the regular tax liability (as
				defined in section 26(b)) plus the tax imposed by section 55, over
							(2)the sum of the credits allowable under
				subpart A and sections 27, 29, 30, 30A, 30B, and 30C for the taxable
				year.
							(e)Carryforward
				allowed
							(1)In
				generalIf the credit amount
				allowable under subsection (a) for a taxable year exceeds the amount of the
				limitation under subsection (d) for such taxable year (referred to as the
				unused credit year in this subsection), such excess shall be
				allowed as a credit carryforward for each of the 20 taxable years following the
				unused credit year.
							(2)RulesRules similar to the rules of section 39
				shall apply with respect to the credit carryforward under paragraph
				(1).
							.
			(b)Conforming
			 amendments
				(1)Section 1016(a) of the Internal Revenue
			 Code of 1986 is amended by striking and in paragraph (36), by
			 striking the period and inserting , and in paragraph (37), and
			 by inserting at the end the following new paragraph:

						(38)in the case of an eligible dwelling unit
				with respect to which a credit for any lead hazard reduction activity cost was
				allowed under section 30D, to the extent provided in section
				30D(c)(9).
						.
				(2)The table of sections for subpart B of part
			 IV of subchapter A of chapter 1 of such Code is amended by inserting after the
			 item relating to section 30C the following new item:

							Sec. 30D. Home lead hazard
				reduction
				activity.

						.
				(c)Effective
			 dateThe amendments made by
			 this section shall apply to lead hazard reduction activity costs incurred after
			 December 31, 2007, in taxable years ending after that date.


116 S1548 IS: Prohibiting Incentives for Corporations that Kickout Employees Tax (PICKET) Act
U.S. Senate
2019-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1548IN THE SENATE OF THE UNITED STATESMay 20, 2019Mr. Tester introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to modify the rate of tax on corporations participating
			 in labor lockouts and to prohibit deductions and credits for wages and
 benefits paid to temporary workers during labor lockouts.1.Short titleThis Act may be cited as the Prohibiting Incentives for Corporations that Kickout Employees Tax (PICKET) Act.2.Rate of tax for corporations participating in labor lockouts(a)In generalSection 11 of the Internal Revenue Code of 1986 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection:(c)Exception for disqualified corporations(1)In generalIn the case of any corporation participating in a labor lockout during the taxable year, subsection (b) shall be applied by substituting 35 percent for 21 percent.(2)Labor lockoutFor purposes of this subsection, the term labor lockout means a labor dispute involving a work stoppage, wherein an employer withholds work from its employees in order to gain a concession from them..(b)Conforming amendments(1)The heading of section 11(d) of the Internal Revenue Code of 1986 (as redesignated by subsection (a)) is amended by striking Exceptions and inserting Other exceptions.(2)Section 280C(c)(2)(B)(ii)(II) of such Code is amended by inserting (section 11(c), in the case of a corporation described in such section) after section 11(b).(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.3.Denial of deduction and credits for wages and benefits paid to temporary workers during a labor
 lockout(a)Deduction(1)In generalPart IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:280I.Remuneration paid during labor lockouts(a)In generalNo deduction shall be allowed for any remuneration paid by the taxpayer (including wages or other benefits) to any temporary replacement worker during a labor lockout (as defined in section 11(c)(2)).(b)Temporary replacement workerFor purposes of subsection (a), the term temporary replacement worker means any individual compensated to perform duties normally performed by employees from whom work is withheld under the labor lockout..(2)Clerical amendmentThe table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item:Sec. 280I. Remuneration paid during labor lockouts..(b)Credits(1)Research creditSection 41(b)(2)(D) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause:(iv)Exclusion for wages paid during a labor lockoutThe term wages shall not include any amount paid to a temporary replacement worker (as defined in section 280I) during a labor lockout (as defined in section 11(c)(2))..(2)Work opportunity creditSection 51(c) of such Code is amended by adding at the end the following new paragraph:(6)Exclusion for wages paid during a labor lockoutThe term wages shall not include any amount paid to a temporary replacement worker (as defined in section 280I) during a labor lockout (as defined in section 11(c)(2))..(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.