[Congressional Record Volume 158, Number 36 (Tuesday, March 6, 2012)]
[Senate]
[Pages S1426-S1430]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1800. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, 
to reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 1454, between lines 8 and 9, insert the following:
       (c) Agency Approvals for Positive Train Control.--
       (1) Coordination.--The Secretary and the Chairman shall 
     coordinate to expedite approvals of associated technology 
     essential to implementing a positive train control system 
     pursuant to section 20157(a) of title 49, United States Code.
       (2) Approval process.--
       (A) In general.--The Chairman shall give priority to all 
     actions essential to implementing the system described in 
     paragraph (1).
       (B) Spectrum applications.--The Chairman--
       (i) shall approve or deny applications for spectrum 
     necessary to implement positive train control not later than 
     180 days after the submission of a complete application, 
     unless additional time is sought by the applicant; and
       (ii) in determining whether to grant an application 
     described in subparagraph (A), shall consider the interests 
     of public safety.
       (C) Extension of time for approving or denying 
     applications.--The Chairman may extend the time for approving 
     or denying an application under subparagraph (B)(i) for 1 
     additional period of 180 days for good cause if the Chairman 
     provides to the applicant--
       (i) a statement of the grounds for the extension; and
       (ii) a target date for approving or denying the 
     application.
       (3) Semi-annual report.--Not later than 90 days after the 
     date of enactment of this Act, and every 6 months thereafter, 
     the Secretary and the Chairman shall jointly submit a report 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives that 
     describes--
       (A) the status of the applications described in paragraph 
     (2)(B);
       (B) any additional agency approvals or actions that may be 
     necessary; and
       (C) the additional agency resources that will be required 
     to facilitate expeditious approvals and actions.
                                 ______
                                 
  SA 1801. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 1323, between lines 13 and 14, insert the 
     following:
       (d) Relationship to Other Laws.--Section 5107(g)(2) is 
     amended by inserting ``, or section 34007 of the Hazardous 
     Materials Transportation Safety Improvement Act of 2012,'' 
     after ``section 5106''.
                                 ______
                                 
  SA 1802. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

            TITLE ___--PUBLIC SAFETY OFFICERS AND VOLUNTEERS

              Subtitle A--Public Safety Officers Benefits

     SEC. __21. SHORT TITLE.

       This subtitle may be cited as the ``Dale Long Public Safety 
     Officers' Benefits Improvements Act of 2012''.

     SEC. __22. BENEFITS FOR CERTAIN NONPROFIT EMERGENCY MEDICAL 
                   SERVICE PROVIDERS AND CERTAIN TRAINEES; 
                   MISCELLANEOUS AMENDMENTS.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 
     amended--
       (1) in section 901(a) (42 U.S.C. 3791(a))--
       (A) in paragraph (26), by striking ``and'' at the end;
       (B) in paragraph (27), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(28) the term `hearing examiner' includes any medical or 
     claims examiner.'';
       (2) in section 1201 (42 U.S.C. 3796)--
       (A) in subsection (a), by striking ``follows:'' and all 
     that follows and inserting the following: ``follows (if the 
     payee indicated is living on the date on which the 
     determination is made)--
       ``(1) if there is no child who survived the public safety 
     officer, to the surviving spouse of the public safety 
     officer;
       ``(2) if there is at least 1 child who survived the public 
     safety officer and a surviving spouse of the public safety 
     officer, 50 percent to the surviving child (or children, in 
     equal shares) and 50 percent to the surviving spouse;
       ``(3) if there is no surviving spouse of the public safety 
     officer, to the surviving child (or children, in equal 
     shares);
       ``(4) if there is no surviving spouse of the public safety 
     officer and no surviving child--
       ``(A) to the surviving individual (or individuals, in 
     shares per the designation, or, otherwise, in equal shares) 
     designated by the public safety officer to receive benefits 
     under this subsection in the most recently executed 
     designation of beneficiary of the public safety officer on 
     file at the time of death with the public safety agency, 
     organization, or unit; or
       ``(B) if there is no individual qualifying under 
     subparagraph (A), to the surviving individual (or 
     individuals, in equal shares) designated by the public safety 
     officer to receive benefits under the most recently executed 
     life insurance policy of the public safety officer on file at 
     the time of death with the public safety agency, 
     organization, or unit;
       ``(5) if there is no individual qualifying under paragraph 
     (1), (2), (3), or (4), to the surviving parent (or parents, 
     in equal shares) of the public safety officer; or
       ``(6) if there is no individual qualifying under paragraph 
     (1), (2), (3), (4), or (5), to the surviving individual (or 
     individuals, in equal shares) who would qualify under the 
     definition of the term `child' under section 1204 but for 
     age.'';
       (B) in subsection (b)--
       (i) by striking ``direct result of a catastrophic'' and 
     inserting ``direct and proximate result of a personal'';
       (ii) by striking ``pay,'' and all that follows through 
     ``the same'' and inserting ``pay the same'';
       (iii) by striking ``in any year'' and inserting ``to the 
     public safety officer (if living on the date on which the 
     determination is made)'';
       (iv) by striking ``in such year, adjusted'' and inserting 
     ``with respect to the date on which the catastrophic injury 
     occurred, as adjusted'';
       (v) by striking ``, to such officer'';
       (vi) by striking ``the total'' and all that follows through 
     ``For'' and inserting ``for''; and
       (vii) by striking ``That these'' and all that follows 
     through the period, and inserting ``That the amount payable 
     under this subsection shall be the amount payable as of the 
     date of catastrophic injury of such public safety officer.'';
       (C) in subsection (f)--
       (i) in paragraph (1), by striking ``, as amended (D.C. 
     Code, sec. 4 622); or'' and inserting a semicolon;
       (ii) in paragraph (2)--

       (I) by striking ``. Such beneficiaries shall only receive 
     benefits under such section 8191 that'' and inserting ``, 
     such that beneficiaries shall receive only such benefits 
     under such section 8191 as''; and
       (II) by striking the period at the end and inserting ``; 
     or''; and

       (iii) by adding at the end the following:
       ``(3) payments under the September 11th Victim Compensation 
     Fund of 2001 (49 U.S.C. 40101 note; Public Law 107 42).'';
       (D) by amending subsection (k) to read as follows:
       ``(k) As determined by the Bureau, a heart attack, stroke, 
     or vascular rupture suffered by a public safety officer shall 
     be presumed to constitute a personal injury within the 
     meaning of subsection (a), sustained in the line of duty by 
     the officer and directly and proximately resulting in death, 
     if--
       ``(1) the public safety officer, while on duty--
       ``(A) engages in a situation involving nonroutine stressful 
     or strenuous physical law enforcement, fire suppression, 
     rescue, hazardous material response, emergency medical 
     services, prison security, disaster relief, or other 
     emergency response activity; or
       ``(B) participates in a training exercise involving 
     nonroutine stressful or strenuous physical activity;
       ``(2) the heart attack, stroke, or vascular rupture 
     commences--
       ``(A) while the officer is engaged or participating as 
     described in paragraph (1);
       ``(B) while the officer remains on that duty after being 
     engaged or participating as described in paragraph (1); or
       ``(C) not later than 24 hours after the officer is engaged 
     or participating as described in paragraph (1); and
       ``(3) the heart attack, stroke, or vascular rupture 
     directly and proximately results in the death of the public 
     safety officer,
     unless competent medical evidence establishes that the heart 
     attack, stroke, or vascular rupture was unrelated to the 
     engagement or participation or was directly and proximately 
     caused by something other than the mere presence of 
     cardiovascular-disease risk factors.''; and
       (E) by adding at the end the following:
       ``(n) The public safety agency, organization, or unit 
     responsible for maintaining on file an executed designation 
     of beneficiary or

[[Page S1427]]

     executed life insurance policy for purposes of subsection 
     (a)(4) shall maintain the confidentiality of the designation 
     or policy in the same manner as the agency, organization, or 
     unit maintains personnel or other similar records of the 
     public safety officer.'';
       (3) in section 1202 (42 U.S.C. 3796a)--
       (A) by striking ``death'', each place it appears except the 
     second place it appears, and inserting ``fatal''; and
       (B) in paragraph (1), by striking ``or catastrophic 
     injury'' the second place it appears and inserting ``, 
     disability, or injury'';
       (4) in section 1203 (42 U.S.C. 3796a 1)--
       (A) in the section heading, by striking ``WHO HAVE DIED IN 
     THE LINE OF DUTY'' and inserting ``WHO HAVE SUSTAINED FATAL 
     OR CATASTROPHIC INJURY IN THE LINE OF DUTY''; and
       (B) by striking ``who have died in the line of duty'' and 
     inserting ``who have sustained fatal or catastrophic injury 
     in the line of duty'';
       (5) in section 1204 (42 U.S.C. 3796b)--
       (A) in paragraph (1), by striking ``consequences of an 
     injury that'' and inserting ``an injury, the direct and 
     proximate consequences of which'';
       (B) in paragraph (3)--
       (i) in the matter preceding clause (i)--

       (I) by inserting ``or permanently and totally disabled'' 
     after ``deceased''; and
       (II) by striking ``death'' and inserting ``fatal or 
     catastrophic injury''; and

       (ii) by redesignating clauses (i), (ii), and (iii) as 
     subparagraphs (A), (B), and (C), respectively;
       (C) in paragraph (5)--
       (i) by striking ``post-mortem'' each place it appears and 
     inserting ``post-injury'';
       (ii) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively; and
       (iii) in subparagraph (B), as so redesignated, by striking 
     ``death'' and inserting ``fatal or catastrophic injury'';
       (D) in paragraph (7), by striking ``public employee member 
     of a rescue squad or ambulance crew;'' and inserting 
     ``employee or volunteer member of a rescue squad or ambulance 
     crew (including a ground or air ambulance service) that--
       ``(A) is a public agency; or
       ``(B) is (or is a part of) a nonprofit entity serving the 
     public that--
       ``(i) is officially authorized or licensed to engage in 
     rescue activity or to provide emergency medical services; and
       ``(ii) is officially designated as a prehospital emergency 
     medical response agency;''; and
       (E) in paragraph (9)--
       (i) in subparagraph (A), by striking ``as a chaplain, or as 
     a member of a rescue squad or ambulance crew;'' and inserting 
     ``or as a chaplain;'';
       (ii) in subparagraph (B)(ii), by striking ``or'' after the 
     semicolon;
       (iii) in subparagraph (C)(ii), by striking the period and 
     inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) a member of a rescue squad or ambulance crew who, as 
     authorized or licensed by law and by the applicable agency or 
     entity (and as designated by such agency or entity), is 
     engaging in rescue activity or in the provision of emergency 
     medical services.'';
       (6) in section 1205 (42 U.S.C. 3796c), by adding at the end 
     the following:
       ``(d) Unless expressly provided otherwise, any reference in 
     this part to any provision of law not in this part shall be 
     understood to constitute a general reference under the 
     doctrine of incorporation by reference, and thus to include 
     any subsequent amendments to the provision.'';
       (7) in each of subsections (a) and (b) of section 1212 (42 
     U.S.C. 3796d 1), sections 1213 and 1214 (42 U.S.C. 3796d 2 
     and 3796d 3), and subsections (b) and (c) of section 1216 (42 
     U.S.C. 3796d 5), by striking ``dependent'' each place it 
     appears and inserting ``person'';
       (8) in section 1212 (42 U.S.C. 3796d 1)--
       (A) in subsection (a)--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``Subject'' and all that follows through ``, 
     the'' and inserting ``The''; and
       (ii) in paragraph (3), by striking ``reduced by'' and all 
     that follows through ``(B) the amount'' and inserting 
     ``reduced by the amount'';
       (B) in subsection (c)--
       (i) in the subsection heading, by striking ``Dependent''; 
     and
       (ii) by striking ``dependent'';
       (9) in section 1213(b)(2) (42 U.S.C. 3796d 2(b)(2)), by 
     striking ``dependent's'' each place it appears and inserting 
     ``person's'';
       (10) in section 1216 (42 U.S.C. 3796d 5)--
       (A) in subsection (a), by striking ``each dependent'' each 
     place it appears and inserting ``a spouse or child''; and
       (B) by striking ``dependents'' each place it appears and 
     inserting ``a person''; and
       (11) in section 1217(3)(A) (42 U.S.C. 3796d 6(3)(A)), by 
     striking ``described in'' and all that follows and inserting 
     ``an institution of higher education, as defined in section 
     102 of the Higher Education Act of 1965 (20 U.S.C. 1002); 
     and''.
       (b) Technical and Conforming Amendment.--Section 
     402(l)(4)(C) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``section 1204(9)(A)'' and inserting 
     ``section 1204(10)(A)''; and
       (2) by striking ``42 U.S.C. 3796b(9)(A)'' and inserting 
     ``42 U.S.C. 3796b(10)(A)''.

     SEC. __23. AUTHORIZATION OF APPROPRIATIONS; DETERMINATIONS; 
                   APPEALS.

       The matter under the heading ``public safety officers 
     benefits'' under the heading ``Office of Justice Programs'' 
     under title II of division B of the Consolidated 
     Appropriations Act, 2008 (Public Law 110 161; 121 Stat. 1912; 
     42 U.S.C. 3796c 2) is amended--
       (1) by striking ``decisions'' and inserting 
     ``determinations'';
       (2) by striking ``(including those, and any related 
     matters, pending)''; and
       (3) by striking the period at the end and inserting the 
     following: ``:  Provided further, That, on and after the date 
     of enactment of the Dale Long Public Safety Officers' 
     Benefits Improvements Act of 2012, as to each such statute--
       ``(1) the provisions of section 1001(a)(4) of such title I 
     (42 U.S.C. 3793(a)(4)) shall apply;
       ``(2) payment shall be made only upon a determination by 
     the Bureau that the facts legally warrant the payment;
       ``(3) any reference to section 1202 of such title I shall 
     be deemed to be a reference to paragraphs (2) and (3) of such 
     section 1202; and
       ``(4) a certification submitted under any such statute may 
     be accepted by the Bureau as prima facie evidence of the 
     facts asserted in the certification:
       Provided further, That, on and after the date of enactment 
     of the Dale Long Public Safety Officers' Benefits 
     Improvements Act of 2012, no appeal shall bring any final 
     determination of the Bureau before any court for review 
     unless notice of appeal is filed (within the time specified 
     herein and in the manner prescribed for appeal to United 
     States courts of appeals from United States district courts) 
     not later than 90 days after the date on which the Bureau 
     serves notice of the final determination:  Provided further,  
     That any regulations promulgated by the Bureau under such 
     part (or any such statute) before, on, or after the date of 
     enactment of the Dale Long Public Safety Officers' Benefits 
     Improvements Act of 2012 shall apply to any matter pending 
     on, or filed or accruing after, the effective date specified 
     in the regulations, except as the Bureau may indicate 
     otherwise.''.

     SEC. __24. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this subtitle shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply to any matter pending, before the Bureau of 
     Justice Assistance or otherwise, on the date of enactment of 
     this Act, or filed or accruing after that date.
       (b) Exceptions.--
       (1) Rescue squads and ambulance crews.--For a member of a 
     rescue squad or ambulance crew (as defined in section 1204(8) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968, as amended by this subtitle), the amendments made by 
     this subtitle shall apply to injuries sustained on or after 
     June 1, 2009.
       (2) Heart attacks, strokes, and vascular ruptures.--Section 
     1201(k) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968, as amended by this subtitle, shall apply 
     to heart attacks, strokes, and vascular ruptures sustained on 
     or after December 15, 2003.

  Subtitle B--Liability Protection for Volunteer Pilots That Fly for 
                             Public Benefit

     SEC. __41. SHORT TITLE.

       This subtitle may be cited as the ``Volunteer Pilot 
     Protection Act of 2012''.

     SEC. __42. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Many volunteer pilots fly for public benefit and 
     provide valuable services to communities and individuals.
       (2) In 2006, volunteer pilots provided long-distance, no-
     cost transportation for more than 58,000 people during times 
     of special need.
       (b) Purpose.--The purpose of this subtitle is to promote 
     the activities of volunteer pilots who fly for public benefit 
     and to sustain the availability of the services that such 
     volunteers provide, including the following:
       (1) Transportation at no cost to financially needy medical 
     patients for medical treatment, evaluation, and diagnosis.
       (2) Flights for humanitarian and charitable purposes.
       (3) Other flights of compassion.

     SEC. __43. LIABILITY PROTECTION FOR VOLUNTEER PILOTS THAT FLY 
                   FOR PUBLIC BENEFIT.

       Section 4(a)(4) of the Volunteer Protection Act of 1997 (42 
     U.S.C. 14503(a)(4)) is amended by striking ``craft, or 
     vessel'' and all that follows and inserting the following: 
     ``craft, or vessel to possess an operator's license or 
     maintain insurance, except that this paragraph does not apply 
     to a volunteer who-- ``
       ``(A) was operating an aircraft in furtherance of the 
     purpose of a volunteer pilot nonprofit organization that 
     flies for public benefit; and
       ``(B) was properly licensed and insured for the operation 
     of the aircraft.''.
                                 ______
                                 
  SA 1803. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

                   TITLE ___--PUBLIC SAFETY OFFICERS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Dale Long Public Safety 
     Officers' Benefits Improvements Act of 2012''.

[[Page S1428]]

     SEC. __02. BENEFITS FOR CERTAIN NONPROFIT EMERGENCY MEDICAL 
                   SERVICE PROVIDERS AND CERTAIN TRAINEES; 
                   MISCELLANEOUS AMENDMENTS.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 
     amended--
       (1) in section 901(a) (42 U.S.C. 3791(a))--
       (A) in paragraph (26), by striking ``and'' at the end;
       (B) in paragraph (27), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(28) the term `hearing examiner' includes any medical or 
     claims examiner.'';
       (2) in section 1201 (42 U.S.C. 3796)--
       (A) in subsection (a), by striking ``follows:'' and all 
     that follows and inserting the following: ``follows (if the 
     payee indicated is living on the date on which the 
     determination is made)--
       ``(1) if there is no child who survived the public safety 
     officer, to the surviving spouse of the public safety 
     officer;
       ``(2) if there is at least 1 child who survived the public 
     safety officer and a surviving spouse of the public safety 
     officer, 50 percent to the surviving child (or children, in 
     equal shares) and 50 percent to the surviving spouse;
       ``(3) if there is no surviving spouse of the public safety 
     officer, to the surviving child (or children, in equal 
     shares);
       ``(4) if there is no surviving spouse of the public safety 
     officer and no surviving child--
       ``(A) to the surviving individual (or individuals, in 
     shares per the designation, or, otherwise, in equal shares) 
     designated by the public safety officer to receive benefits 
     under this subsection in the most recently executed 
     designation of beneficiary of the public safety officer on 
     file at the time of death with the public safety agency, 
     organization, or unit; or
       ``(B) if there is no individual qualifying under 
     subparagraph (A), to the surviving individual (or 
     individuals, in equal shares) designated by the public safety 
     officer to receive benefits under the most recently executed 
     life insurance policy of the public safety officer on file at 
     the time of death with the public safety agency, 
     organization, or unit;
       ``(5) if there is no individual qualifying under paragraph 
     (1), (2), (3), or (4), to the surviving parent (or parents, 
     in equal shares) of the public safety officer; or
       ``(6) if there is no individual qualifying under paragraph 
     (1), (2), (3), (4), or (5), to the surviving individual (or 
     individuals, in equal shares) who would qualify under the 
     definition of the term `child' under section 1204 but for 
     age.'';
       (B) in subsection (b)--
       (i) by striking ``direct result of a catastrophic'' and 
     inserting ``direct and proximate result of a personal'';
       (ii) by striking ``pay,'' and all that follows through 
     ``the same'' and inserting ``pay the same'';
       (iii) by striking ``in any year'' and inserting ``to the 
     public safety officer (if living on the date on which the 
     determination is made)'';
       (iv) by striking ``in such year, adjusted'' and inserting 
     ``with respect to the date on which the catastrophic injury 
     occurred, as adjusted'';
       (v) by striking ``, to such officer'';
       (vi) by striking ``the total'' and all that follows through 
     ``For'' and inserting ``for''; and
       (vii) by striking ``That these'' and all that follows 
     through the period, and inserting ``That the amount payable 
     under this subsection shall be the amount payable as of the 
     date of catastrophic injury of such public safety officer.'';
       (C) in subsection (f)--
       (i) in paragraph (1), by striking ``, as amended (D.C. 
     Code, sec. 4 622); or'' and inserting a semicolon;
       (ii) in paragraph (2)--

       (I) by striking ``. Such beneficiaries shall only receive 
     benefits under such section 8191 that'' and inserting ``, 
     such that beneficiaries shall receive only such benefits 
     under such section 8191 as''; and
       (II) by striking the period at the end and inserting ``; 
     or''; and

       (iii) by adding at the end the following:
       ``(3) payments under the September 11th Victim Compensation 
     Fund of 2001 (49 U.S.C. 40101 note; Public Law 107 42).'';
       (D) by amending subsection (k) to read as follows:
       ``(k) As determined by the Bureau, a heart attack, stroke, 
     or vascular rupture suffered by a public safety officer shall 
     be presumed to constitute a personal injury within the 
     meaning of subsection (a), sustained in the line of duty by 
     the officer and directly and proximately resulting in death, 
     if--
       ``(1) the public safety officer, while on duty--
       ``(A) engages in a situation involving nonroutine stressful 
     or strenuous physical law enforcement, fire suppression, 
     rescue, hazardous material response, emergency medical 
     services, prison security, disaster relief, or other 
     emergency response activity; or
       ``(B) participates in a training exercise involving 
     nonroutine stressful or strenuous physical activity;
       ``(2) the heart attack, stroke, or vascular rupture 
     commences--
       ``(A) while the officer is engaged or participating as 
     described in paragraph (1);
       ``(B) while the officer remains on that duty after being 
     engaged or participating as described in paragraph (1); or
       ``(C) not later than 24 hours after the officer is engaged 
     or participating as described in paragraph (1); and
       ``(3) the heart attack, stroke, or vascular rupture 
     directly and proximately results in the death of the public 
     safety officer,
     unless competent medical evidence establishes that the heart 
     attack, stroke, or vascular rupture was unrelated to the 
     engagement or participation or was directly and proximately 
     caused by something other than the mere presence of 
     cardiovascular-disease risk factors.''; and
       (E) by adding at the end the following:
       ``(n) The public safety agency, organization, or unit 
     responsible for maintaining on file an executed designation 
     of beneficiary or executed life insurance policy for purposes 
     of subsection (a)(4) shall maintain the confidentiality of 
     the designation or policy in the same manner as the agency, 
     organization, or unit maintains personnel or other similar 
     records of the public safety officer.'';
       (3) in section 1202 (42 U.S.C. 3796a)--
       (A) by striking ``death'', each place it appears except the 
     second place it appears, and inserting ``fatal''; and
       (B) in paragraph (1), by striking ``or catastrophic 
     injury'' the second place it appears and inserting ``, 
     disability, or injury'';
       (4) in section 1203 (42 U.S.C. 3796a 1)--
       (A) in the section heading, by striking ``WHO HAVE DIED IN 
     THE LINE OF DUTY'' and inserting ``WHO HAVE SUSTAINED FATAL 
     OR CATASTROPHIC INJURY IN THE LINE OF DUTY''; and
       (B) by striking ``who have died in the line of duty'' and 
     inserting ``who have sustained fatal or catastrophic injury 
     in the line of duty'';
       (5) in section 1204 (42 U.S.C. 3796b)--
       (A) in paragraph (1), by striking ``consequences of an 
     injury that'' and inserting ``an injury, the direct and 
     proximate consequences of which'';
       (B) in paragraph (3)--
       (i) in the matter preceding clause (i)--

       (I) by inserting ``or permanently and totally disabled'' 
     after ``deceased''; and
       (II) by striking ``death'' and inserting ``fatal or 
     catastrophic injury''; and

       (ii) by redesignating clauses (i), (ii), and (iii) as 
     subparagraphs (A), (B), and (C), respectively;
       (C) in paragraph (5)--
       (i) by striking ``post-mortem'' each place it appears and 
     inserting ``post-injury'';
       (ii) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively; and
       (iii) in subparagraph (B), as so redesignated, by striking 
     ``death'' and inserting ``fatal or catastrophic injury'';
       (D) in paragraph (7), by striking ``public employee member 
     of a rescue squad or ambulance crew;'' and inserting 
     ``employee or volunteer member of a rescue squad or ambulance 
     crew (including a ground or air ambulance service) that--
       ``(A) is a public agency; or
       ``(B) is (or is a part of) a nonprofit entity serving the 
     public that--
       ``(i) is officially authorized or licensed to engage in 
     rescue activity or to provide emergency medical services; and
       ``(ii) is officially designated as a prehospital emergency 
     medical response agency;''; and
       (E) in paragraph (9)--
       (i) in subparagraph (A), by striking ``as a chaplain, or as 
     a member of a rescue squad or ambulance crew;'' and inserting 
     ``or as a chaplain;'';
       (ii) in subparagraph (B)(ii), by striking ``or'' after the 
     semicolon;
       (iii) in subparagraph (C)(ii), by striking the period and 
     inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(D) a member of a rescue squad or ambulance crew who, as 
     authorized or licensed by law and by the applicable agency or 
     entity (and as designated by such agency or entity), is 
     engaging in rescue activity or in the provision of emergency 
     medical services.'';
       (6) in section 1205 (42 U.S.C. 3796c), by adding at the end 
     the following:
       ``(d) Unless expressly provided otherwise, any reference in 
     this part to any provision of law not in this part shall be 
     understood to constitute a general reference under the 
     doctrine of incorporation by reference, and thus to include 
     any subsequent amendments to the provision.'';
       (7) in each of subsections (a) and (b) of section 1212 (42 
     U.S.C. 3796d 1), sections 1213 and 1214 (42 U.S.C. 3796d 2 
     and 3796d 3), and subsections (b) and (c) of section 1216 (42 
     U.S.C. 3796d 5), by striking ``dependent'' each place it 
     appears and inserting ``person'';
       (8) in section 1212 (42 U.S.C. 3796d 1)--
       (A) in subsection (a)--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``Subject'' and all that follows through ``, 
     the'' and inserting ``The''; and
       (ii) in paragraph (3), by striking ``reduced by'' and all 
     that follows through ``(B) the amount'' and inserting 
     ``reduced by the amount'';
       (B) in subsection (c)--
       (i) in the subsection heading, by striking ``Dependent''; 
     and
       (ii) by striking ``dependent'';
       (9) in section 1213(b)(2) (42 U.S.C. 3796d 2(b)(2)), by 
     striking ``dependent's'' each place it appears and inserting 
     ``person's'';
       (10) in section 1216 (42 U.S.C. 3796d 5)--
       (A) in subsection (a), by striking ``each dependent'' each 
     place it appears and inserting ``a spouse or child''; and
       (B) by striking ``dependents'' each place it appears and 
     inserting ``a person''; and

[[Page S1429]]

       (11) in section 1217(3)(A) (42 U.S.C. 3796d 6(3)(A)), by 
     striking ``described in'' and all that follows and inserting 
     ``an institution of higher education, as defined in section 
     102 of the Higher Education Act of 1965 (20 U.S.C. 1002); 
     and''.
       (b) Technical and Conforming Amendment.--Section 
     402(l)(4)(C) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``section 1204(9)(A)'' and inserting 
     ``section 1204(10)(A)''; and
       (2) by striking ``42 U.S.C. 3796b(9)(A)'' and inserting 
     ``42 U.S.C. 3796b(10)(A)''.

     SEC. __03. AUTHORIZATION OF APPROPRIATIONS; DETERMINATIONS; 
                   APPEALS.

       The matter under the heading ``public safety officers 
     benefits'' under the heading ``Office of Justice Programs'' 
     under title II of division B of the Consolidated 
     Appropriations Act, 2008 (Public Law 110 161; 121 Stat. 1912; 
     42 U.S.C. 3796c 2) is amended--
       (1) by striking ``decisions'' and inserting 
     ``determinations'';
       (2) by striking ``(including those, and any related 
     matters, pending)''; and
       (3) by striking the period at the end and inserting the 
     following: ``:  Provided further, That, on and after the date 
     of enactment of the Dale Long Public Safety Officers' 
     Benefits Improvements Act of 2012, as to each such statute--
       ``(1) the provisions of section 1001(a)(4) of such title I 
     (42 U.S.C. 3793(a)(4)) shall apply;
       ``(2) payment shall be made only upon a determination by 
     the Bureau that the facts legally warrant the payment;
       ``(3) any reference to section 1202 of such title I shall 
     be deemed to be a reference to paragraphs (2) and (3) of such 
     section 1202; and
       ``(4) a certification submitted under any such statute may 
     be accepted by the Bureau as prima facie evidence of the 
     facts asserted in the certification:
       Provided further, That, on and after the date of enactment 
     of the Dale Long Public Safety Officers' Benefits 
     Improvements Act of 2012, no appeal shall bring any final 
     determination of the Bureau before any court for review 
     unless notice of appeal is filed (within the time specified 
     herein and in the manner prescribed for appeal to United 
     States courts of appeals from United States district courts) 
     not later than 90 days after the date on which the Bureau 
     serves notice of the final determination:  Provided further,  
     That any regulations promulgated by the Bureau under such 
     part (or any such statute) before, on, or after the date of 
     enactment of the Dale Long Public Safety Officers' Benefits 
     Improvements Act of 2012 shall apply to any matter pending 
     on, or filed or accruing after, the effective date specified 
     in the regulations, except as the Bureau may indicate 
     otherwise.''.

     SEC. __04. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this title shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply to any matter pending, before the Bureau of 
     Justice Assistance or otherwise, on the date of enactment of 
     this Act, or filed or accruing after that date.
       (b) Exceptions.--
       (1) Rescue squads and ambulance crews.--For a member of a 
     rescue squad or ambulance crew (as defined in section 1204(8) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968, as amended by this title), the amendments made by 
     this title shall apply to injuries sustained on or after June 
     1, 2009.
       (2) Heart attacks, strokes, and vascular ruptures.--Section 
     1201(k) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968, as amended by this title, shall apply to 
     heart attacks, strokes, and vascular ruptures sustained on or 
     after December 15, 2003.
                                 ______
                                 
  SA 1804. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place in division D, insert the 
     following:

     SEC. __. TERMINATION OF PROVISIONS.

       Sections 4022(g) and 4044(e) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1322(g) and 1344(e)), 
     as added by section 404 of the Pension Protection Act of 
     2006, are repealed as of October 1, 2011, and shall not apply 
     with respect to proceedings initiated under title 11, United 
     States Code, or under any similar Federal law or law of a 
     State or political subdivision, on or after such date.
                                 ______
                                 
  SA 1805. Mr. ROBERTS submitted an amendment intended to be proposed 
to amendment SA 1741 proposed by Mr. Levin (for himself and Mr. Conrad) 
and intended to be proposed to the bill S. 1813, to reauthorize 
Federal-aid highway and highway safety construction programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 103 and insert the following:

     SEC. __. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND 
                   CONTROLLED IN THE UNITED STATES AS DOMESTIC 
                   CORPORATIONS.

       (a) In General.--Section 7701 (relating to definitions) is 
     amended by redesignating subsection (o) as subsection (p) and 
     by inserting after subsection (n) the following new 
     subsection:
       ``(o) Certain Corporations Managed and Controlled in the 
     United States Treated as Domestic for Income Tax.--
       ``(1) In general.--Notwithstanding subsection (a)(4), in 
     the case of a corporation described in paragraph (2) if--
       ``(A) the corporation would not otherwise be treated as a 
     domestic corporation for purposes of this title, but
       ``(B) the management and control of the corporation occurs, 
     directly or indirectly, primarily within the United States,

     then, solely for purposes of chapter 1 (and any other 
     provision of this title relating to chapter 1), the 
     corporation shall be treated as a domestic corporation.
       ``(2) Corporation described.--
       ``(A) In general.--A corporation is described in this 
     paragraph if--
       ``(i) section 7874(b) would apply to such corporation but 
     for the application of the date in section 7874(a)(2)(B)(i) 
     or the last sentence of section 7874(a)(2)(B), and
       ``(ii)(I) the stock of such corporation is regularly traded 
     on an established securities market, or
       ``(II) the aggregate gross assets of such corporation (or 
     any predecessor thereof), including assets under management 
     for investors, whether held directly or indirectly, at any 
     time during the taxable year or any preceding taxable year is 
     $50,000,000 or more.
       ``(B) Waiver for certain corporations.--A corporation shall 
     not be treated as described in this paragraph if--
       ``(i) such corporation was treated as a corporation 
     described in this paragraph in a preceding taxable year,
       ``(ii) such corporation--

       ``(I) is not regularly traded on an established securities 
     market, and
       ``(II) has, and is reasonably expected to continue to have, 
     aggregate gross assets (including assets under management for 
     investors, whether held directly or indirectly) of less than 
     $50,000,000, and

       ``(iii) the Secretary grants a waiver to such corporation 
     under this subparagraph.
       ``(C) Exception from gross assets test.--Subparagraph 
     (A)(ii)(II) shall not apply to a corporation which is a 
     controlled foreign corporation (as defined in section 957) 
     and which is a member of an affiliated group (as defined 
     section 1504, but determined without regard to section 
     1504(b)(3)) the common parent of which--
       ``(i) is a domestic corporation (determined without regard 
     to this subsection), and
       ``(ii) has substantial assets (other than cash and cash 
     equivalents and other than stock of foreign subsidiaries) 
     held for use in the active conduct of a trade or business in 
     the United States.
       ``(3) Management and control.--
       ``(A) In general.--The Secretary shall prescribe 
     regulations for purposes of determining cases in which the 
     management and control of a corporation is to be treated as 
     occurring primarily within the United States.
       ``(B) Executive officers and senior management.--Such 
     regulations shall provide that--
       ``(i) the management and control of a corporation shall be 
     treated as occurring primarily within the United States if 
     substantially all of the executive officers and senior 
     management of the corporation who exercise day-to-day 
     responsibility for making decisions involving strategic, 
     financial, and operational policies of the corporation are 
     located primarily within the United States, and
       ``(ii) individuals who are not executive officers and 
     senior management of the corporation (including individuals 
     who are officers or employees of other corporations in the 
     same chain of corporations as the corporation) shall be 
     treated as executive officers and senior management if such 
     individuals exercise the day-to day responsibilities of the 
     corporation described in clause (i).
       ``(C) Corporations primarily holding investment assets.--
     Such regulations shall also provide that the management and 
     control of a corporation shall be treated as occurring 
     primarily within the United States if--
       ``(i) the assets of such corporation (directly or 
     indirectly) consist primarily of assets being managed on 
     behalf of investors, and
       ``(ii) decisions about how to invest the assets are made in 
     the United States.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning on or after the date 
     which is 2 years after the date of the enactment of this Act.
                                 ______
                                 
  SA 1806. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 1776 proposed by Ms. Cantwell and intended to be 
proposed to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 323__. EXEMPTION FROM ELECTRONIC ON-BOARD RECORDING 
                   DEVICE REQUIREMENT.

       Section 31137(a)(1), as amended by section 32301(a)(3) of 
     this Act, is further amended by striking ``a commercial motor 
     vehicle'' and inserting ``any commercial motor vehicle

[[Page S1430]]

     (except for vehicles owned and operated by an independent 
     truck operator)''.
                                 ______
                                 
  SA 1807. Mr. BROWN of Ohio (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 1761 proposed by Mr. 
Reid to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 888, line 18, strike ``Section'' and insert the 
     following:
       (a) In General.--Section

       Beginning on page 896, strike line 22 and all that follows 
     through page 897, line 22, and insert the following:
       ``(3) Buy america waiver requirements.--
       ``(A) Notice and comment opportunities.--
       ``(i) In general.--If the Secretary receives a request for 
     a waiver under section 313(b) of title 23, United States 
     Code, or under section 24305(f)(4) or 24405(a)(2) of title 
     49, United States Code, the Secretary shall provide notice 
     of, and an opportunity for public comment on, the request not 
     later than 15 days before making a finding based on such 
     request.
       ``(ii) Notice requirements.--Each notice provided under 
     clause (i)--

       ``(I) shall include the information available to the 
     Secretary concerning the request, including the requestor's 
     justification for such request; and
       ``(II) shall be provided electronically, including on the 
     official public Internet website of the Department.

       ``(B) Publication of detailed justification.--If the 
     Secretary issues a waiver pursuant to the authority granted 
     under a provision referenced in subparagraph (A)(i), the 
     Secretary shall publish, in the Federal Register, a detailed 
     justification for the waiver that--
       ``(i) addresses the public comments received under 
     subparagraph (A)(i); and
       ``(ii) is published before the waiver takes effect.
       ``(C) Consistency with international agreements.--This 
     paragraph shall be applied in a manner that is consistent 
     with United States obligations under relevant international 
     agreements.
       ``(D) Review of nationwide waivers.--Not later than 1 year 
     after the date of the enactment of the Moving Ahead for 
     Progress in the 21st Century Act, and at least once every 5 
     years thereafter, the Secretary shall review each standing 
     nationwide waiver issued pursuant to the authority granted 
     under any of the provisions referenced in subparagraph (A)(i) 
     to determine whether continuing such waiver is necessary.

       On page 900, between lines 9 and 10, insert the following:
       ``(10) Application to transit programs.--The requirements 
     under this subsection shall apply to all contracts eligible 
     for Federal funding for a project carried out within the 
     scope of the applicable finding, determination, or decision 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), regardless of the funding source of 
     such contracts, if at least 1 contract for the project is 
     funded with amounts made available to carry out this chapter.

       On page 904, between lines 6 and 7, insert the following:
       (b) Buy America Provisions.--
       (1) Surface transportation.--Section 313 of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(g) Application to Highway Programs.--The requirements 
     under this section shall apply to all contracts eligible for 
     Federal funding for a project carried out within the scope of 
     the applicable finding, determination, or decision under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), regardless of the funding source of such contracts, if 
     at least 1 contract for the project is funded with amounts 
     made available to carry out this title.''.
       (2) Amtrak.--Section 24305(f) of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(5) The requirements under this subsection shall apply to 
     all contracts eligible for Federal funding for a project 
     carried out within the scope of the applicable finding, 
     determination, or decision under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 
     the funding source of such contracts, if at least 1 contract 
     for the project is funded with amounts made available to 
     carry out this chapter.
       ``(6) If a project receives funding under this chapter and 
     under the Passenger Rail Investment and Improvement Act of 
     2008 (division B of Public Law 110 432), the Buy America 
     requirements set forth in the Passenger Rail Investment and 
     Improvement Act of 2008 shall apply to all contracts in the 
     project within the scope of the applicable finding, 
     determination, or decision under he National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.)''.
       (3) Consistency with international agreements.--The 
     amendments made by this subsection shall be applied in a 
     manner that is consistent with United States obligations 
     under relevant international agreements.
       (c) Buy America Reporting.--Section 308 of title 49, United 
     States Code, is amended by inserting after subsection (c) the 
     following:
       ``(d) Not later than February 1, 2013, and annually 
     thereafter, the Secretary shall submit a report to Congress 
     that--
       ``(1) specifies each highway, public transportation, or 
     railroad project for which the Secretary issued a waiver from 
     a Buy America requirement pursuant to the authority granted 
     under section 313(b) of title 23, United States Code, or 
     under section 24305(f)(4) or 24405(a)(2) of title 49, United 
     States Code, during the preceding calendar year;
       ``(2) identifies the country of origin and product 
     specifications for the steel, iron, or manufactured goods 
     acquired pursuant to each of the waivers specified under 
     paragraph (1); and
       ``(3) summarizes the monetary value of contracts awarded 
     pursuant to each such waiver.''.
                                 ______
                                 
  SA 1808. Mr. DURBIN (for Mr. Leahy (for himself and Mr. Grassley)) 
proposed an amendment to the bill S. 1886, to prevent trafficking in 
counterfeit drugs; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Counterfeit Drug Penalty 
     Enhancement Act of 2011''.

     SEC. 2. COUNTERFEIT DRUG PREVENTION.

       Section 2320(b) of title 18, United States Code, is 
     amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Counterfeit drugs.--
       ``(A) In general.--Whoever commits an offense under 
     subsection (a) with respect to a drug (as defined in section 
     201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     321)) shall--
       ``(i) if an individual, be fined not more than $4,000,000, 
     imprisoned not more than 20 years, or both; and
       ``(ii) if a person other than an individual, be fined not 
     more than $10,000,000.
       ``(B) Multiple offenses.--In the case of an offense by a 
     person under this paragraph that occurs after that person is 
     convicted of another offense under this paragraph, the person 
     convicted--
       ``(i) if an individual, shall be fined not more than 
     $8,000,000, imprisoned not more than 20 years, or both; and
       ``(ii) if other than an individual, shall be fined not more 
     than $20,000,000.''.

     SEC. 3. SENTENCING COMMISSION DIRECTIVE.

       (a) Directive to Sentencing Commission.--Pursuant to its 
     authority under section 994(p) of title 28, United States 
     Code, and in accordance with this section, the United States 
     Sentencing Commission shall review and amend, if appropriate, 
     its guidelines and its policy statements applicable to 
     persons convicted of an offense described in section 
     2320(b)(2) of title 18, United States Code, as amended by 
     section 2, in order to reflect the intent of Congress that 
     such penalties be increased in comparison to those currently 
     provided by the guidelines and policy statements.
       (b) Requirements.--In carrying out this section, the 
     Commission shall--
       (1) ensure that the sentencing guidelines and policy 
     statements reflect the intent of Congress that the guidelines 
     and policy statements reflect the serious nature of the 
     offenses described in subsection (a) and the need for an 
     effective deterrent and appropriate punishment to prevent 
     such offenses;
       (2) consider the extent to which the guidelines may or may 
     not appropriately account for the potential and actual harm 
     to the public resulting from the offense;
       (3) assure reasonable consistency with other relevant 
     directives and with other sentencing guidelines;
       (4) account for any additional aggravating or mitigating 
     circumstances that might justify exceptions to the generally 
     applicable sentencing ranges;
       (5) make any necessary conforming changes to the sentencing 
     guidelines; and
       (6) assure that the guidelines adequately meet the purposes 
     of sentencing as set forth in section 3553(a)(2) of title 18, 
     United States Code.

                          ____________________