S.Amdt. 1802

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.''.
______