Kay Hutchison

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, this amendment is a pilot program which is based on the Canadian guest worker program with Mexico. It has worked successfully for over 30 years. It would provide a safe, tamper- proof visa for people coming into this country to take jobs that Americans are not filling. The guest worker would retain citizenship in his or her own country. It doesn't replace anything in the bill. It is in addition to what is in the bill. The American Farm Bureau supports this. I hope that we will get a good, solid vote. This is something that could be part of an overall balanced solution to the problem we are facing. It is another option for people who want to work but do not seek citizenship in our country. I hope my colleagues will support this amendment. It could be part of the final solution to a good bill that we would all like to support.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on May 23, 2006, at 2:30 p.m. to hold a closed mark-up.

Mrs. HUTCHISON. Mr. President. I ask unanimous consent that the Senate Committee on Commerce, Science, and Transportation be authorized to meet on Tuesday, May 23, 2006, at 10 a.m. on price gouging.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on May 23, 2006, at 10 a.m., to conduct a hearing on ``Improving Financial Literacy in the United States.''

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Tuesday, May 23 at 10 a.m. The purpose of this hearing is to receive testimony on the National Research Council Report, ``Managing Construction and Infrastructure in the 21st Century Bureau of Reclamation'' and the U.S. Bureau of Reclamation Report, ``Managing for Excellence: An Action Plan for the 21st Century.''

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to hold a Business Meeting on May 23, 2006 at 9:30 am to consider the following agenda: S. 2735 To amend the National Dam Safety Program Act to reauthorize the national dam safety program, and for other purposes. S. 2832 The Appalachian Regional Development Act Amendments of 2006. S. 2430 Great Lakes Fish and Wildlife Restoration Act of 2006 with amendment. S. 1509 Captive Primate Safety Act. S. 2041 Ed Fountain Park Expansion Act. S. 2127 To redesignate the Mason Neck National Wildlife Refuge in the state of Virginia as the ``Elizabeth Hartwell Mason Neck National Wildlife Refuge''. S. Res. 301 Commemorating Audubon Society's 100th Anniversary with amendment. S. 2781 Wastewater Treatment Works Security Act of 2006. S. 2650 To designate the Federal courthouse to be constructed in Greenville, South Carolina, as the ``Carroll A. Campbell, Jr. Federal Courthouse.'' S. 801 To designate the United States courthouse located at 300 North Hogan Street, Jacksonville, Florida, as the ``John Milton Bryan Simpson United States Courthouse.'' S.__ Great Lakes Coordination and Oversight Act of 2006. S. 2023 To amend the oil pollution act of 1990 to improve that act, and for other purposes. GSA Resolutions: To authorize the majority of the General Services Administration's FY 2007 Capital Investment and Leasing Program; To authorize seven new courthouse construction projects. Army Corps Study Resolutions: Committee Resolution on Cedar River, Time Check Area, Cedar Rapids, Iowa; Committee Resolution on Pawcatuck River, Little Narragansett Bay, and Watch Hill Cove, Rhode Island and Connecticut; Committee Resolution on Kansas River Basin, Kansas, Colorado, and Nebraska; and Committee Resolution on Port of San Francisco, San Francisco, California. Nominations: Molly O'Neill to be an Assistant Administrator--EPA; Dr. Dale Klein to be a member of the Nuclear Regulatory Commission; Dr. Gregory Jaczko to be a member of the Nuclear Regulatory Commission; and Dr. Peter Lyons to-be a member of the Nuclear Regulatory Commission.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Tuesday, May 23, 2006, at 2:30 p.m., in 215 Dirksen Senate Office Building, to hear testimony on ``Encouraging Economic Self- Determination in Indian Country''.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Tuesday, May 23, 2006, at 2:15 p.m. to hold a business meeting.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary Subcommittee on Intellectual Property be authorized to meet to conduct a hearing on ``Perspectives on Patents: Post-Grant Review Procedures and Other Litigation Reforms'' on Tuesday, May 23, 2006, at 2 p.m. in room 226 of the Dirksen Senate Office Building. Witness List: Panel I: Andrew Cadel, Managing Director, Associate General Counsel and Chief Intellectual Property Counsel, JP Morgan Chase, New York, NY; Philip S. Johnson, Chief Patent Counsel, Johnson & Johnson, Newbrunswick, NJ; Nathan P. Myhrvold, Chief Executive Officer, Intellectual Ventures, Bellevue, WA; John R. Thomas, Professor of Law, Georgetown University Law Center, Washington, DC; and Mark Chandler, Senior Vice President and General Counsel, Cisco Systems, Inc., San Jose, CA.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I yield the floor and suggest the absence of a quorum.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, today we mourn the loss of a great Texan and a true American hero. Lloyd Bentsen passed away this morning, and I rise to pay tribute to the life and legacy of a great statesman. Senator Bentsen served this Nation in numerous capacities. Everyone in Texas knew who Lloyd Bentsen was during all of the time that I was in my early years of public service. Many in this body also served with him and knew him well. He put his stamp on Texas, and he put his stamp on our country. Lloyd Bentsen was born in Mission, TX, in 1921, in the southernmost part of our State. He attended public schools and graduated from the University of Texas Law School in 1942. Upon graduation, he served in the U.S. Army Air Forces during World War II. He flew more than 200 bombing missions to liberate Europe from the Nazi grasp. For his heroic service, he was awarded the Air Medal with three oak leaf clusters, as well as the Distinguished Flying Cross for valor in combat. He retired with the rank of colonel from the Air Force Reserve. After the war, Lloyd Bentsen returned home to his native Rio Grande Valley. There he began his career as a public servant. As everyone who worked with him will attest, Lloyd Bentsen was a natural. His first office was county judge of Hidalgo County. He was then elected to represent Texas in the U.S. House of Representatives in 1948, serving 6 years before leaving Congress to go into business. He moved to Houston and started a business that was very successful, and after some number of years in business, he decided he wanted to do what he liked doing best, and that was to have an office and serve the public. He was elected to the Senate in 1970. I have to say that is when I really got to know Lloyd Bentsen a little bit because I was a cub news reporter at KPRC-TV in Houston, and I covered that race. It was the battle of the titans. This was a race between George H.W. Bush and Lloyd Bentsen for the U.S. Senate seat in 1970. I remember me and all the reporters saying at the time that this is what a Senate race should be. These are two high-quality individuals. They are the kind of people you would want in public service, and certainly the kind of people you would want elected to public office. Lloyd Bentsen won that race for the Senate. But George H.W. Bush also had an illustrious career to follow. Lloyd Bentsen stayed in the Senate and became a leader. He was here for 22 years. Everyone in Texas knew him, but he was also a national figure. Lloyd Bentsen ran for President in 1976. He was the Democratic candidate for Vice President in 1988. His illustrious public career concluded with his service to our Nation as Secretary of the Treasury. He served under President Clinton from 1993 to 1994. It was then that I was able to run for and win the seat that he had held. I have to say that when I was covering that Senate race in 1970, it would never have occurred to me that I would succeed the man who won that seat. I do remember that he came to my swearing in ceremony, which I thought was very gracious of him, and I thought it was so nice of him to wish me well. He wanted also to make sure I felt comfortable here, which, of course, I did. I have gotten to know Lloyd and B.A. Bentsen, his beautiful wife, who has been by his side all of these years--in the good days of public service when he was one of our country's great leaders, and during the time that he was so ill for so long. I saw B.A. at his side every time I saw Senator Bentsen, either in Houston or Austin or someplace in Texas. He was awarded the Presidential Medal of Freedom on August 11, 1999. Later today, I will introduce a joint resolution with Senator Cornyn honoring the life and legacy of Lloyd Bentsen. When people think of Lloyd Bentsen, if you talk to anybody on this floor who served with him, or if you talk to anybody in Texas who was one of his friends, or someone he knew, they always describe him as a gentleman, a person of the highest quality, exactly the kind of person you want in public service--someone with integrity, always there doing the right thing as he saw it, and always spending the time to do a great job for our country. Our thoughts and prayers go out today to B.A. Bentsen and to Lloyd Bentsen III and Lan Bentsen, the two sons of this great American. We will introduce a resolution later today to pay tribute to him. I want his family to know that our thoughts and prayers in this Senate are with him and with them today.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, if I could ask the distinguished manager if I, along with Senator Cornyn, could be added as cosponsors to Senator Leahy's amendment since it applies to both the northern and southern borders?

Mrs. HUTCHISON. I thank the Senator.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I appreciate the opportunity to speak on this very important legislation. I thank Senator Grassley and Senator Baucus for bringing us this bill. It was hard-fought. Tax cuts always are. There are always those who will say: Oh, this only helps the rich. There are always those who will say: This is going to increase the deficit. Let's talk about what this bill in fact does. This is a bill which will continue the tax cuts we passed in 2001 and 2003, the tax cuts that have spurred the growth in our economy, that have created jobs, the tax cuts that caused the stock market to immediately turn from being stagnant or worse to being on the brink of record highs for the history of the stock market. If we don't pass the extensions that are in the bill before us today, it would be like telling Wall Street and telling the investors: We are going to increase your taxes; we are reserving that right. That would immediately put a freeze on this economy, and it would stop the incredible prosperity we are seeing in our economy today. We can look at what has happened to our economy since September 11, 2001, when our tourism industry was severely impacted and our entire airline industry was shut down. Commerce was affected. We had a huge hit to our economy in 2001. Then we have had the war on terror, trying to keep terrorists who attacked our country in 2001 from being able to come back and hurt Americans again, and that has caused us to have to spend billions of dollars more. Then we were hit with Katrina, the worst hurricane in dollar damage in the history of our country, and Rita following that. We have had huge hits on our economy. Now we have gasoline prices and energy prices that are going through the roof. But our economy is strong. Our economy is strong for several reasons, one of which is that we have kept taxes low, particularly on dividends and capital gains. So when someone says these are tax cuts for the rich, the fact is these are tax cuts for small business. These are tax cuts which have allowed them to start hiring people again and have spurred our economy to new highs. With this bill, we will prevent the egregious reach of the alternative minimum tax on our middle class by extending the higher exemption levels we approved last year. We also make an incredible investment incentive for the younger people in our country with the ability to convert Traditional IRAs to Roth IRAs. If I were only 35 years old, I would be so excited because I would know that under the provisions of this bill I could provide for my own retirement security through the use of the Roth IRA. The Roth IRA has been limited in use with a salary cap of $100,000 for conversions. If you make more than that, you can not convert from a Traditional IRA to a Roth IRA, which allows you to put money in and then earn interest tax free until your retirement, and you can take it out tax free. That is a nest egg which could make every American self-sufficient because you can just put in the $3,000 or $4,000 every year, and once it is in there it is tax free, expanding its scope, interest rates going back into the pot, and then you can take it out without paying taxes. The traditional IRAs are not that way; you do have to pay taxes. This bill allows people who have started a Traditional IRA to convert it to a Roth IRA without income limitations. That is going to help the young people of our country because any of them, if they are working or if they are married, will be able to do this. Tax cuts have created 5 million new jobs since they were last passed in 2003. Mr. President, I hope we will pass this bill. It is a good bill for our country, a good bill for our economy, and it is going to put money in the pockets of the people who are earning it instead of sending it to the Federal Government.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, a lot has been said about the Texas model, which is the bill that we are considering today. I wanted to talk a little bit about what the Texas situation was before 2003 when significant medical malpractice reform was enacted. According to the Texas Department of Health, 24 counties in Texas had no primary care physicians, 138 counties had no pediatricians, and 158 counties had no obstetricians. Texas ranked 48th of the 50 States in physician manpower. Why were we having such trouble? Because the cost of doing business in Texas before 2003 was unsustainable due to increased litigious activity. Insurance rates were driving our doctors out of Texas, or they were going out of business and not even practicing medicine anymore. In 1991, Texas averaged 13 claims per 100 physicians. Yet by 2000, Texas averaged over 30 claims per 100 physicians. Of these claims, there was a disproportionate growth in noneconomic damages, damages such as pain and suffering, loss of consortium. This growth was in contrast to awards of economic damages such as lost wages and medical care costs. In 1991, noneconomic damages averaged only 35 percent of total verdicts. By 1995, they were 65 percent of total verdicts. From 1999 to 2003, the Texas Medical Liability Trust, which covered about one-third of the State's doctors, increased rates by 147 percent. In the Rio Grande Valley, physicians in general surgery and OB/GYNs ranked sixth and seventh, respectively, in the Nation for highest premium rates in 2002. Naturally, all of these costs were passed on to consumers. The impact on litigation in the Texas health care system was undeniable and unsustainable. In 2003, Texas made bold changes to the tort system in an attempt to restore access to health care, and we have seen a dramatic change. Texas has gained more than 3,000 physicians since passing liability reform. After a net loss of nine orthopedic surgeons in our State from 2000 to 2003, the State has experienced a net gain of 93 orthopedic surgeons since 2003. After a net loss of 14 OB/GYNs from 2001 to 2003, Texas has had a net gain of 91 since 2003. We have also added 273 anesthesiologists, 24 neurosurgeons, 24 pediatric cardiologists, 14 pediatric oncologists, and 10 pediatric surgeons since passing liability reform. Claims in most Texas counties have been cut in half. Prior to the reforms, statewide claims averaged close to 400 per month. After the reforms, claims have averaged 200 per month in our State. Prior to reform, Texas had five liability carriers. Since reform, Texas has added 3 new rate-regulated carriers and 13 new unregulated insurers. The five largest insurers announced rate cuts last year, with an average premium reduction of 11.7 percent. Anecdotally, I have talked to doctors who are coming back into practice, doctors who have said they have seen as much as 40 percent cuts in premiums for medical liability. Medical liability reform works. Lawsuits are down, insurers have returned to the State, rates are down, and physician numbers are up. This means better health care for the citizens of our State. The bills before us that we will be voting on today are modeled on the Texas plan. Damages for pain and suffering are allowed, but not at such exorbitant rates that doctors are taken out of our health care system. Since 2003, Texas has seen an increase in the quality of health care for our citizens because more physicians are coming back to the State. I urge my colleagues to support the bill. Year after year, we have tried to reform medical malpractice in this country, and the Senate has been the stumbling block. Let's do something good for health care and access to health care for our citizens, and let's start debating malpractice reform. Thank you, Mr. President. I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. I, too, concur with this assumption with Mr. Bennett and Mr. Domenici. I appreciate their support and work on this important provision.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I send a second-degree amendment to the desk.

Mrs. HUTCHISON. Mr. President, I send a second-degree amendment to the Akaka amendment to the desk.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. HUTCHISON. Mr. President, I wish to speak for 5 minutes on the amendment.

Mrs. HUTCHISON. If the 3\1/2\ minutes is not taken on our side, I will ask unanimous consent for that time.

Mrs. HUTCHISON. Mr. President, I rise to speak in favor of Senator Gregg's amendment. I appreciate the job Senator Gregg has done in his position as chairman of the Appropriations Subcommittee on Homeland Security, which has done so much to try to beef up our borders. Senator Gregg has been a leading proponent of strengthening control of our borders with Mexico and Canada. I think this amendment is a very positive and productive one, adding $1.9 billion to homeland security and trying to do the things that would make access through our borders more secure. The US-VISIT Program, which sometimes stifles legitimate commerce on our borders will be provided $60 million. This will be used to integrate the biometric databases so they will work better and we will know who is in our country and to allow people who are legitimately in our country to be able to go back and forth. It adds funds for Customs and border protection. It adds money for construction of new stations, checkpoints and tactical infrastructure, Immigration and Customs enforcement. I think this is an issue everyone in America is absolutely behind. We want to have control of our borders. I have had meetings with Hispanic- American leaders, and I have had meetings with small business people who are on the border, as well as throughout our country. Everyone believes that as a sovereign Nation and for the security of our country, we need to control our borders. We had 160,000 other-than- Mexican illegal aliens entering our country from all over the world last year through the Mexican border. This is unacceptable for a sovereign country not to know who is in our country, particularly when al-Qaida puts out the word that if you want to penetrate America, go through the southern border. It is not good for Mexico. Mexico knows there are people coming through their southern border, all the way through Mexico, sometimes as a criminal element, and they are doing so to get to the United States. So it is very important that we pass the Gregg amendment. What is different about the Gregg amendment from the Reid amendment is that it is offset, it is an agreed-to offset, with a reduction in spending in other parts of the bill, in order to pay for this effort to secure our borders, and strengthen our national security. I think it is so important that we are focusing on the Coast Guard to upgrade their patrol aircraft, their ships, and their patrol boats. The whole Gulf of Mexico is a very vulnerable area, and we need to secure the coast, as well as the land border areas. I urge my colleagues to vote for the fully offset Gregg amendment that will beef up our border security at a time when we all know this is a first priority. I yield the floor.

Mrs. HUTCHISON. Mr. President, the amendment is on behalf of myself and Senator Burns. This second-degree amendment basically says that the funds available in the Akaka amendment would only be expended if the President requests of Congress such an emergency expenditure. I certainly understand that the veterans need to have all of the money that would cover their legitimate health care costs. That is exactly what we have done in the underlying appropriations bills from last year and this year. In fact, the Veterans' Administration, after we put $1.5 billion in emergency spending in the health care account last year, is 4.3 percent below last year's spending level. That is because they now have better modeling for what is forecast to be needed in the medical care-medical service area. In the mental health area that is covered by the Akaka amendment, there is already $2.8 billion from the 2006 budget which is $386 million over the 2005 level. The 2006 medical care account has $31 billion, and that is $1.1 billion over the 2005 level. We have also added supplemental expenditures over the 2006 budget. I think the prudent thing for us to do is to allow this money to be made available only if the President and the Veterans' Administration request it, and that is exactly what my amendment does. I ask for support of the amendment.

Mrs. HUTCHISON. Mr. President, let me answer the Senator from Hawaii by saying I commend the President and Secretary Nicholson for coming forward after the letter that had been written during our regular appropriations process and saying they did need extra money. And, Congress stepped right up to the plate. We worked together with the Senator from Hawaii, the Senator from Washington, and my colleague Senator Feinstein to provide that money. We always will do that. We will never skimp on veterans' care and, in fact, it is now acknowledged that it is the best health care system in America. This money Senator Akaka has proposed will be available, if needed, if the President asks for it. It will certainly be there. I ask for the adoption of my amendment.