[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[Senate]
[Pages 14105-14106]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5060. Mr. WHITEHOUSE (for himself, Mrs. Feinstein, and Mr. Nelson 
of Florida) submitted an amendment intended to be proposed by him to 
the bill H.R. 6304, to amend the Foreign Intelligence Surveillance Act 
of 1978 to establish a procedure for authorizing certain acquisitions 
of foreign intelligence, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 90, strike line 13, and insert the following:
       ``(ii) determined to be lawful; and
       ``(C) provided based on the good faith and reasonable 
     belief of the electronic communication service provider that 
     compliance with a written request or directive described in 
     subparagraph (B) was lawful; or
                                 ______
                                 
  SA 5061. Ms. SNOWE (for herself, Mr. Whitehouse, Mr. Vitter, Mr. 
Sununu, Mr. Cardin, Ms. Landrieu, Ms. Collins, Mr. Kennedy, and Mr. 
Reed) submitted an amendment intended to be proposed by her to the bill 
H.R. 2642, making appropriations for military construction, the 
Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

       For an additional amount for Operations, Research, and 
     Facilities for necessary expenses related to economic impacts 
     associated with commercial fishery failures, fishery resource 
     disasters, and regulations on commercial fishing industries, 
     $75,000,000, to remain available until September 30, 2009.
                                 ______
                                 
  SA 5062. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                 TITLE __--GI BILL FINANCING PROVISION

     SEC. ___. GI BILL FINANCING PROVISION.

       (a) In General.--Part I of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     section 1 the following new section:

     ``SEC. 1A. INCREASE IN TAX ON HIGH INCOME INDIVIDUALS TO 
                   FINANCE THE GI BILL.

       ``(a) General Rule.--In the case of a taxpayer other than a 
     corporation, there is hereby imposed (in addition to any 
     other tax imposed by this subtitle) a tax equal to 0.47 
     percent of so much of modified adjusted gross income as 
     exceeds $500,000 ($1,000,000 in the case of a joint return or 
     a surviving spouse (as defined in section 2(a)).
       ``(b) Modified Adjusted Gross Income.--For purposes of this 
     section, the term `modified adjusted gross income' means 
     adjusted gross income reduced by any deduction allowed for 
     investment interest (as defined in section 163(d)). In the 
     case of an estate or trust, a rule similar to the rule of 
     section 67(e) shall apply for purposes of determining 
     adjusted gross income for purposes of this section.
       ``(c) Nonresident Alien.--In the case of a nonresident 
     alien individual, only amounts taken into account in 
     connection with the tax imposed by section 871(b) shall be 
     taken into account under this section.
       ``(d) Marital Status.--For purposes of this section, 
     marital status shall be determined under section 7703.
       ``(e) Not Treated as Tax Imposed by This Chapter for 
     Certain Purposes.--The tax imposed under this section shall 
     not be treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this chapter or 
     for purposes of section 55.''.
       (b) Clerical Amendment.--The table of sections for part I 
     of subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 1 the following 
     new item:

``Sec. 1A. Increase in tax on high income individuals to finance the GI 
              bill.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
       (d) Section 15 Not to Apply.--The amendment made by 
     subsection (a) shall not be treated as a change in a rate of 
     tax for purposes of section 15 of the Internal Revenue Code 
     of 1986.
                                 ______
                                 
  SA 5063. Mr. SMITH (for himself, Mr. Bayh, and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed by him to the bill S. 
3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:
       At the end of subtitle C of title VI, add the following:

     SEC. 634. TRAVEL AND TRANSPORTATION OF FAMILY MEMBERS 
                   INCIDENT TO SERIOUS MENTAL DISORDERS OF MEMBERS 
                   OF THE UNIFORMED SERVICES.

       (a) In General.--Subsection (a)(2)(B)(i) of section 411h of 
     title 37, United States Code, is amended by inserting 
     ``(including having a serious mental disorder)'' after 
     ``seriously injured''.
       (b) Serious Mental Disorder Defined.--Subsection (b) of 
     such section is amended by adding at the end the following 
     new paragraph:
       ``(4)(A) In this section, the term `serious mental 
     disorder', in the case of a member, means that the member has 
     been diagnosed with a mental disorder that requires intensive 
     mental health treatment or hospitalization.
       ``(B) The circumstances in which a member shall be 
     considered to have a serious mental disorder for purposes of 
     this section shall include, but not be limited to, the 
     following:
       ``(i) The member is considered to be a potential danger to 
     self or others as a result of a diagnosed mental disorder 
     that requires intensive mental health treatment or 
     hospitalization.
       ``(ii) The member is diagnosed with a mental disorder and 
     has psychotic symptoms that require intensive mental health 
     treatment or hospitalization.

[[Page 14106]]

       ``(iii) The member is diagnosed with a mental disorder and 
     has severe symptoms or severe impairment in functioning that 
     require intensive mental health treatment or 
     hospitalization.''.
                                 ______
                                 
  SA 5064. Mr. DODD (for himself, Mr. Feingold, Mr. Leahy, Mr. Reid, 
Mr. Harkin, Mrs. Boxer, Mr. Sanders, Mr. Wyden, Mr. Kennedy, and Mr. 
Durbin) submitted an amendment intended to be proposed by him to the 
bill H.R. 6304, to amend the Foreign Intelligence Surveillance Act of 
1978 to establish a procedure for authorizing certain acquisitions of 
foreign intelligence, and for other purposes; which was ordered to lie 
on the table; as follows:

                          ____________________