Kay Hutchison

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Thursday, September 22, 2005, at 9:30 a.m. to hold a business meeting to consider pending committee business. Agenda Legislation 1. S. , Assure Emergency and Interoperable Communications for First Responders Act of 2005. 2. S. , an original bill to provide relief for the victims of Hurricane Katrina. 3. S. , a bill to expand the responsibilities of the Special Inspector General for Iraq Reconstruction to provide independent and objective audits and investigations relating to the federal programs for Hurricane Katrina. 4. S. 939, Disaster Recovery Act of 2005. 5. S. 1700, a bill to establish an Office of the Hurricane Katrina Recovery Chief Financial Officer. 6. S. , a bill to amend title 5, United States Code, to allow employees of the judicial branch to establish an emergency leave transfer program in the event of a major disaster or emergency. 7. S. 572, Homeland Security Food and Agriculture Act of 2005. Nominations 1. Stewart A. Baker to be Assistant Secretary, U.S. Department of Homeland Security. 2. John R. Fisher to be Associate Judge, District of Columbia Court of Appeals. 3. Colleen D. Kiko to be General Counsel, Federal Labor Relations Authority. 4. Juliet J. McKenna to be Associate Judge, District of Columbia Superior Court.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup of Thursday, September 22, 2005 at 9:30 a.m. in Senate Dirksen Office Building Room 226. Agenda I. Nominations John G. Roberts, to be Chief Justice of the United States; Timothy Flanigan, to be Deputy Attorney General. II. Bills S. 1088. Streamlined Procedures Act of 2005; Kyl, Cornyn, Grassley, Hatch; S. __. Personal Data Privacy and Security Act of 2005; Specter, Leahy, Feingold; S. 751. Notification of Risk to Personal Data Act; Feinstein, Kyl; S. 1326. Notification of Risk to Personal Data Act; Sessions; S. 155. Gang Prevention and Effective Deterrence Act of 2005; Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter; S. 1086. A Bill to Improve the National Program to Register and Monitor Individuals Who Commit Crimes Against Children or Sex Offenses; Hatch, Biden, Schumer; S. 956. Jetseta Gage Prevention and Deterrence of Crimes Against Children Act of 2005; Grassley, Kyl, Cornyn.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Committee on Small Business and Entrepreneurship be authorized to meet during the session of the Senate for a hearing entitled, ``The Impact of Hurricane Katrina on Small Businesses'' on Thursday, September 22, 2005, beginning at 10 a.m. in room 428A of the Russell Senate Office Building.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the Subcommittee on National Parks be authorized to meet during the session of the Senate on Thursday, September 22 at 2:30 p.m. The purpose of the hearing is to receive testimony on the following bills: S. 435, a bill to amend the Wild and Scenic Rivers Act to designate a segment of the Farmington River and Salmon Brook in the State of Connecticut for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes, S. 1096, a bill to amend the Wild and Scenic Rivers Act to designate portions of the system, and for other purposes, S. 1310, a bill to authorize the Secretary of the Interior to allow the Columbia Gas Transmission Corporation to increase the diameter of natural gas pipeline located in the Delaware Water Gap National Recreation Area, S. 1378, a bill to amend the National Historic Preservation Act to provide appropriation authorization and improve the operations of the Advisory Council on Historic Preservation, and S. 1627, a bill to authorize the Secretary of the Interior to conduct a special resources study to evaluate resources along the coastal region of the State of Delaware and to determine the suitability and feasibility of establishing a unit of the National Park in Delaware.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I thank the distinguished majority leader for helping us clear this legislation. This is a bill cosponsored by Senator Landrieu and Senator Cornyn. Twenty-eight States have taken students, who are victims of Hurricane Katrina, into their hearts, into their arms, into their shelters, and into their educational systems. We have been passing legislation that would cut red tape and pay for certain items that are not covered by the law. One of the major areas for which we have not had a precedent is schoolchildren in great numbers going into public schools as a result of having to evacuate from an emergency disaster, such as Hurricane Katrina. That has been the case. We have more than 45,000 evacuee students now in our Texas public schools. As everyone knows, there is no school district that can afford to absorb that number of students without help. The bill we have just passed will allow the money that has already been appropriated to be available for the Department of Education to pay for the extra teachers who are being hired. It is limited to children who are victims of Hurricane Katrina, and it also has a sunset. It is just for this school year. So this is not a new law that is going to put the Federal Government into public education throughout our country. But it is going to offset the costs of hiring teachers and buying school supplies for those students who have come to our State and 27 other States with nothing. Today I am very proud of the Senate for passing this legislation to give these 28 States the help they need. The money will flow through the Department of Education. The Secretary of Education will have the authority to take some of the money that has already been appropriated by Congress for this purpose. I applaud the Senate for passing this bill, and I look forward to it going through the House and being signed by the President. I thank Senator Frist so much for the help he has given in allowing the Senate to act quickly on this legislation. I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, how much time is remaining on our side?

Mrs. HUTCHISON. Mr. President, I ask that I be notified when I have used 7 minutes so my colleague from Wyoming can have the remaining 6 minutes of time.

Mrs. HUTCHISON. Thank you, Mr. President. Mr. President, over the past few weekends I have visited several hurricane relief centers in Texas. I started at the Astrodome in Houston, which was gearing up for the people who were coming from Louisiana at the time. I was struck by the number of volunteers, the organization of the effort in Houston, as well as the response of the medical community. There were medical facilities in place. Even complicated medical procedures were ongoing at places such as M.D. Anderson, where doctors would take patients who had been in the middle of chemotherapy and try to continue that chemotherapy so those patients would not lose any of the efforts that were being made on their behalf in Louisiana. Doctors at M.D. Anderson were even continuing bone marrow transplants that were in progress. Baylor College of Medicine was setting up the facilities for the evacuees who were arriving. There were medical units that had the cooperation of all the hospitals in Houston. It was truly a remarkable sight. The next weekend, I was able to go to the Convention Center in Dallas and see the medical operation there that was put together by the head of the emergency physicians at the University of Texas Southwestern Medical School and Parkland Hospital. They had gotten all of the hospitals in Dallas together to provide mental health services, emergency services, and any kind of services for sick children. Also, they were dispensing medicine on an as-needed basis in the Dallas Convention Center. Last weekend, I was able to go to Austin to see the emergency team that brought together the emergency personnel for the State of Texas-- the Department of Public Safety, the Texas Guard and Reserve units-- that were being helpful, including the Red Cross and the Salvation Army, two great volunteer organizations that have stepped right in to help. In some of these centers, they were the first people to start setting up the centers. Then, I went to the Austin Convention Center, where they even had set up a beauty shop for the evacuees who wanted, of course, to try to look their best as they were trying to get their lives together and determine what they were going to do until they are able to return to New Orleans or other places in Louisiana. We have seen many of the emergency facilities, even though, of course, Texas was not in this storm. But Texas has had an emergency crisis of its own; and that is in the education that is now being required for the children coming into the school systems, as well as trying to get help for the ongoing medical needs that will be required for approximately 250,000 evacuees from Louisiana, a few from Mississippi, and trying to make sure these costs are covered by the Federal Government. While Texans have opened their hearts and their homes and their schools, we do not think they should have to fund all of this from State coffers or local coffers because, frankly, the local schools are already very strapped for funds and they cannot afford this expense. Likewise, the cities are not able to afford the overtime expenses of all the police who are being required and the firemen who are doing the emergency medical services. So I am working on legislation right now that would try to get money into these entities that do not have the cash flow to accept all of these people on an emergency basis, and to do it on an expedited basis here in Congress. There are, at this time, between 30,000 and 40,000 new students coming into the Texas school systems. This is a huge increase in a very short time. Trying to match the students with the kind of curriculum that has been ongoing in the Texas schools is a challenge. Texas is trying to meet that challenge in the best way for all concerned. I am hoping Congress will act very quickly to alleviate some of these early problems in getting the funding where it needs to be. For instance, there is no FEMA money for education expenses. So the bill I hope we could pass this week will allow FEMA, through the Department of Education, to immediately start reimbursing the schools for the costs of opening these new schools and the temporary facilities that are being required, including the schoolbooks and school supplies that are being required to help these new students, who are already entering 2 weeks late because Texas schools start the last week of August, sometimes the third week in August. We need to bring these children in and get them going in an expedited way. I am asking my colleagues to help me pass, on a quick basis, an ability for FEMA to fund education expenses and to waive some laws that will allow them to be placed where they can best be placed without regard to the McKinney Act, just for a temporary time. This legislation will sunset at the end of this school year, so it will not be permanent. I hope we can pass it on an expedited basis to try to meet the needs of these students and my State, which has been so generous and has offered so much help to these people, which we want to continue to do and we will continue to do. But I want the Federal Government to make it easier on these governmental agencies regarding the expenses incurred by the communities that are doing so much. We want this to be the model for response to future emergencies, not one where other States look at what has happened in our State and say: Well, if the Federal Government is not going to step up on education expenses and medical care, then it will be difficult to take in future emergency victims. So that is what we are trying to do. Our hearts go out to all of the people who are affected by this disaster. We are going to do our part. I am hoping Congress will act soon to help us do the right thing.

Mrs. HUTCHISON. Mr. President, I yield the floor to my colleague from Wyoming.

Mrs. HUTCHISON

Mrs. HUTCHISON. I am happy for you to start the time running right now and give us the first 5 minutes to finish this colloquy.

Mrs. HUTCHISON. Mr. President, I thank my good friend and colleague from California, Senator Feinstein, for bringing this issue forward again. She has been dedicated to SCAAP funding. I want to also mention Senator Jon Kyl from Arizona who has always stepped in when we had an appropriations bill to make sure our States got some reimbursement for their costs of incarcerating illegal aliens. Unfortunately, as Senator Feinstein has said, we have more and more illegal aliens coming into our country and, unfortunately, committing crimes. This is a Federal responsibility. The counties along the border States should not have to fund what is a Federal responsibility. Incarcerating illegal aliens for criminal activities is absolutely a Federal responsibility. So I join my colleague, Senator Feinstein, in urging the chairman and ranking member of this subcommittee to accept the House position when we go to conference. Mr. President, $200 million does not cover a 10th of the cost to the border States in reimbursing them for the incarceration of criminal aliens. And $400 million goes a much longer way. I think it is a minimum. All of us realize that illegal immigration must be stopped in our country. We must know who is in our country for security purposes, and we must be able to deport or incarcerate people who are here illegally and commit crimes in our country. I hope the committee chairman and ranking member will work with us to increase the number from the Senate position of $200 million to the House position of $400 million, at a minimum. I thank the Senator from California for bringing this forward once again.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, every single one of us in this body is going to support this supplemental appropriation for those who have suffered so much in Mississippi, Alabama, and Louisiana. We will do everything we can to help them. I know we will have another supplemental in the near future. I want to make sure that everyone realizes that there are now States that have taken the evacuees and done it with open hearts and open arms. We want to do everything to make them comfortable. That includes educating children. It includes medical care and Medicaid reimbursements that will be necessary. It is my hope that the next supplemental will include help for the school districts that are taking large numbers of these students and are not able to absorb all of those costs in a way that would assure that these children, as well as the children who are already in the school district, have the quality education we are all striving to have. As chairman of the Veterans' Affairs Subcommittee of Appropriations, I have just seen pictures today of the facilities that have been damaged in Biloxi, MS, and in New Orleans. I know we are going to need supplemental appropriations to begin the process of planning how we will rebuild facilities to serve patients in these areas. I will certainly vote in support of this with total commitment. But I do hope that the next supplemental that goes through will have some of these issues that will help the people rather than just the three States that have the infrastructure as well as the people problems. Let us give the services that all of us want to give to them as well.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, over the weekend, I visited several hurricane relief shelters around the State of Texas. Hearing the stories from the victims of Katrina firsthand has reminded me that whenever natural disasters occur, we must help those affected recover and move on with their lives. But this is no easy task, and the impact of Katrina will be felt for many years to come. I know this personally. Growing up in Galveston County, I lived through Carla in 1961 and other hurricanes. I have never forgotten the experience of driving to my parents' house because we had not heard from them. Telephone service was out, so we packed our car with water and other supplies and drove to their home. As we approached, we saw more and more of the hurricane's destruction. Finally, we reached their battered house, and fortunately found them unharmed. Dealing with disasters has made Texans both strong and compassionate. Whenever people encounter adversity, they are forced to make a decision about how to respond. So often, Texans have stood tall, displaying virtue in the heat of the moment. When battered by a hurricane, Texans have increased their resolve, battling the elements to survive. When threatened by funnel clouds, they have reacted with bravery and risked their lives to save the lives of others. And after the moment of danger has passed, they have showed kindness and generosity in helping neighbors get back on their feet. Approximately 80 percent of the city of New Orleans has been covered in water, and thousands of people suddenly found themselves homeless and with no one to turn to. I am proud of how my State has responded. About 250,000 Katrina evacuees are in Texas at this time, and more are expected. As many as 100,000 evacuees will be housed in 243 shelters dispersed across the State and FEMA officials estimate another 150,000 Katrina victims are living in hotels. In the midst of this tragedy, my heart has been warmed by the many Texans who opened their arms and their homes to their fellow Americans. Public institutions, many churches and charities, and numerous individuals have provided food, shelter, and money for those escaping the hurricane's devastation. In one story that was particularly touching, a Texas couple who had just moved into their new home took their old home off the market in order to provide shelter to a family of nine in the months ahead. In another part of Texas, a company has offered about 40 vacant apartments in a retirement community, plus food, transportation, and housekeeping for no charge. Another Texas company will donate $1 million to the American Red Cross and will offer rail transportation in support of hurricane relief and recovery efforts. The Texas Health and Human Services Commission kept many offices open throughout the holiday weekend and has certified more than 50,000 Louisiana families for emergency benefits. One Houston office extended its Friday hours until 2 a.m. Saturday morning. The Texas Department of Family and Protective Services is providing assistance with the placement of Louisiana foster care children, including 49 children from a New Orleans facility. The agency has identified placements for more children if needed and is working with shelters to ensure that any children who have been separated from their families receive help quickly. I am also very proud of my own staff, many of whom generously gave up their holiday weekend to answer phones at the Red Cross. I had a personal experience that was very heartwarming when I talked to a woman in the Dallas Convention Center who said her son was in the Navy and she wanted to get him a message that she was safe in Houston and that his wife and their son were fine. We were able to contact him on the USS Harry Truman later that night to inform him. He sent back a very long e-mail to his mother which will be delivered to her soon. It is important we do these little things to try to help as much as we can, and the Senate stands ready to do that. One woman receiving aid in Texas thanked the workers there and gave them a message to pass along: Thank you for everything. God bless. She went on to say that if they were ever in New Orleans once it is back in order, to please look her up so she could show them some New Orleans hospitality. We know New Orleans will recover, and we can't wait for that party. To my friends back home in Texas, you repeatedly make me proud and I am honored to be your Senator. And to our neighbors along the Gulf of Mexico, know that Texas and the Nation stand with you. God Bless Alabama, Mississippi, Louisiana, and all of the United States of America.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise today to recognize and honor one of our country's greatest judicial leaders, a noble public servant, the 16th Chief Justice of the United States, William Hubbs Rehnquist. For the past 33 years, the last 19 of which as its leader, Chief Justice Rehnquist served the Supreme Court with honor, wisdom, and keen judgment. His record will be remembered as one of ideological dedication and devotion in a court of consensus and collegiality. A native of Milwaukee, WI, William Rehnquist first answered his country's call to service in World War II by serving in the Army Air Corps as a weather observer in North Africa from 1943 to 1946. Upon his return, he earned his bachelor's and master's degrees in political science from Stanford University in 1948, and a master's degree in government from Harvard University in 1950. He earned his L.L.B. from Stanford in 1952, graduating first in his class, a class which included his future Supreme Court colleague Sandra Day O'Connor. Chief Justice Rehnquist's first experience with the Supreme Court came when he clerked for Associate Supreme Court Justice Robert Jackson. Rehnquist observed during this time at the Court what he would later describe as the ``expansion of federal power at the expense of State power.'' After his clerkship, Rehnquist moved to Phoenix, AZ, where he practiced law in the private sector for more than 15 years. During this time, he became involved in politics; and when President Nixon was elected in 1968, Rehnquist was asked to serve as Assistant Attorney General for the Justice Department's Office of Legal Counsel. Three years later, in 1971, President Nixon nominated Rehnquist to replace Justice John Marshall Harlan on the United States Supreme Court. From his early years as an Associate Justice through his years as the Court's leader, Chief Justice Rehnquist chartered a course to reestablish the important principle of federalism, an integral part of our Nation's constitutional structure. In cases such as National League of Cities v. Usery in 1976 through U.S. v. Lopez in 1995, his opinions aimed to protect the role of the States within the Federal system by recognizing that our government is one of enumerated rights and dual sovereignty. Though a strong and vigorous advocate for his beliefs, Chief Justice Rehnquist was always respectful of his colleagues and committed to the rule of law, never allowing politics or infighting to threaten his Court. All of us in the Senate got to know Chief Justice Rehnquist when he presided over the impeachment trial of President William Clinton. He was a decisive, but not intrusive arbiter. His insightful observations about the operation of the Senate were both serious and humorous. A profound defender of the Constitution and a staunch protector of liberty, Chief Justice Rehnquist has left behind a legacy of thoughtfulness and quiet intellect, and will be remembered as one of our Nation's greatest judicial leaders.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I ask that I be notified in 5 minutes, in case the distinguished chairman of the Interior subcommittee needs any extra time. First, let me thank the distinguished chairman and ranking member of the Interior subcommittee for assuring that their conference report came out in a timely way, not only for the Interior funding but especially for this veterans' funding which is fiscal year 2005 money, meaning it can be spent right away. We know there is a deficit at the VA because Secretary Nicholson told us there is a deficit. So I do thank Senator Burns and Senator Dorgan for coming forward and helping us with this extraordinary measure so the Veterans Administration will be able to have full flexibility to fill the coffers from which they have been borrowing, and also to go forward. I also thank those who have worked so hard to get the Veterans Administration the money they need. That would certainly be Senator Murray, who has just spoken, Senator Feinstein, my ranking member on the Veterans Affairs Appropriations Subcommittee, and Senator Craig, who is the chairman of the Veterans' Affairs Committee. We have all worked together in a bipartisan way because, frankly, Secretary Nicholson came forward in a most forthright manner to tell us of the problems we had at the Veterans Administration. When we first started working on the supplemental appropriation, Secretary Nicholson thought there was not a deficit in the Veterans Administration, that with the model they had always used they had plenty to cover until October 1. But in June when Secretary Nicholson learned that in fact they did not have enough to fully treat the new veterans coming into the system, he stepped right up and said we have a deficit and we need to fix it. He came to Congress to ask for the help to do that. I think it is admirable that Secretary Nicholson didn't try to fudge, he didn't try to sweep it under the rug. He came out. He took some heat for it. I saw some Members criticizing him, but I have to say I admire him. I think what he did was exactly the right thing to do. He is a veteran. He is a decorated veteran. And he is not ever going to sweep under the rug a deficit in the Veterans Administration. He also is going to spend the money wisely. So I thank everyone who helped bring this to the forefront. I have to say that OMB Director Josh Bolton also tried to be very helpful, giving us an amendment that would raise the limit we could spend on veterans. The total for both fiscal years will be approximately $3 billion. The total for getting through this problem we have for the fiscal year we are in is going to cost about $900 million, they estimate, to get to October 1 to finish this fiscal year--almost $1 billion, which we are giving them when we vote on this bill today and send it to the President. But in the 2006 budget, which we are now going to pass in the Senate, probably in September--this is the committee I chair--we have what will be another $1.5 billion, depending on how much is left of what we are passing today that can go into 2006. We believe it will be about half a billion dollars, so that the total would be the $1.977 that was mentioned earlier for fiscal year 2006. We will monitor this as we go into the new fiscal year to assure that the Veterans Administration for 2006 has the full amount they need. I also thank the distinguished chairman and ranking member of the full Appropriations Committee. When Senator Feinstein and I went to Chairman Cochran and asked him for more money in our original 2006 budget for the veterans part of the appropriations bill, he immediately agreed. He immediately agreed that we would get the money we need.

Mrs. HUTCHISON. Thank you, Mr. President. I will take the rest of the time. Senator Cochran and Senator Byrd stepped right up to the plate to assure that the veterans had their first boost of $1.2 billion. Then working with Secretary Nicholson and OMB Director Bolton, we now have a total of almost $3 billion more in additional funding for the veterans in both fiscal years. We are going to do right by our veterans. We appreciate that we have people with boots on the ground, fighting in Iraq and Afghanistan today. They are fighting for our freedom. We will never let them down. The bill we are passing today, in addition to the Interior part of this appropriation, is going to fully fund Veterans for the fiscal year we are in and take us with a cushion into the next fiscal year so every veterans' clinic that is being built continues to be built, so that every veteran who walks in the door is going to get the care to which he or she is entitled, to assure that nothing falls through the cracks for our veterans. Our President would do nothing less. Our Secretary, Secretary Nicholson, will do nothing less. I assure you the Senate will do nothing less. We are going to do right by our veterans and the bill we are passing today is a start. Mr. President, I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I rise to speak against the substitute. This is a complete substitute for the bill. In effect, it guts the bill. It does exactly the opposite of what the bill is intended to do, and that is to stop abusive predatory lawsuits against law-abiding businesses for damages caused by the criminal misuse of their products by others. Senator Reed mentioned some terrible situations regarding the Washington serial killer and said that those victims would not be able to sue the gun seller who was presumed to be negligent. In fact, that gun seller was found to have violated the laws that are required to be met and his license was revoked. So I believe under our bill--and it would be our opinion under our bill--that those people would be able to sue that gun seller. The other side has a legal opinion to the contrary, but we disagree with that. The bill says, what is not included in this bill is a lawsuit which is brought against a seller for negligent entrustment or negligence, per se. So I think you could have brought that lawsuit. In fact, those lawsuits were settled. What we are talking about is a substitute that appears to bar lawsuits but, in fact, allows lawsuits by cities and counties against firearms manufacturers and sellers if there is a State legislature approving the lawsuit or the State Attorney General brings the suit. So everything that we have been voting on would be reversed. If a State legislature says: We are going to allow a city to sue, the city would be able to sue. We are here not to bar legitimate lawsuits. We are not here to bar lawsuits if a gun malfunctions. What we are trying to do is stop gun manufacturers from having to answer lawsuit after lawsuit after lawsuit for the criminal misuse of that product. If this amendment is passed, the bill before us will be gutted and will be of no use. We are trying to stop frivolous lawsuits against law-abiding citizens and law-abiding gun manufacturers. It does not stop lawsuits for negligence of the gun itself or violations of the law by the gun seller. I hope my colleagues will see through this substitute and stay with the intent of the bill--to stop the frivolous lawsuits against the gun manufacturer or the misuse of the product, not the defectiveness of the product itself. I yield the floor.

Mrs. HUTCHISON

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

Mrs. HUTCHISON. I rise to talk about this bill. There has been a lot of debate on the floor, and some have suggested this is a special interest group piece of legislation. I am here to say that I think it is very important this Senate do everything it can to stop frivolous lawsuits against gun manufacturers. Class action lawsuit reform, which we enacted earlier this year, also was an effort to curb the overly litigious society America now lives in. We have found in so many instances that it is the litigiousness of America's society that drives jobs overseas and out of our country because we have lawsuit abuse of mammoth proportions. One of the areas in which there is lawsuit abuse is suing a gun manufacturer for the misuse of a gun. That is like suing the maker of a plate because someone throws a plate at another person. That is not what plates are for. And most certainly, the misuse of a gun is not caused by the manufacturer of a gun; it is caused by the person who is misusing the gun. So the Senate is taking steps in every area we can to curb this abuse of our legal system. Today, we are addressing one portion of that in trying to stop gun manufacturers from being sued erroneously. There are many areas in which you can sue a gun manufacturer. If the gun malfunctioned, then that kind of lawsuit, of course, would be allowed. They would also be allowed where there is a knowing violation of a firearms law, when the violation is the proximate cause of the harm for which the relief is sought. Negligent entrustment, defective product, or breach of contract or warranty are certainly areas where litigation is warranted. But when we have lawsuits filed by cities against plaintiffs such as Colt or Beretta, and the cities are filing a lawsuit against the gun manufacturer to stop the manufacture of guns, that is wrong. The second amendment is one of the most treasured of our amendments to the Constitution, and that is the right to keep and bear arms, the right to protect yourself and your family in your home. That is something I have a bill to address right here in the District of Columbia, to make sure no person is deprived of their right under the Constitution to protect themselves in their homes by owning a firearm. You know, America is one of the few countries that doesn't have Government manufacture of guns. We don't. We have private manufacturers of guns and, therefore, we have the private use and private lawsuits that sometimes are filed just because a gun is used in a crime. Well, it is not the fault of the gun manufacturer a crime is being committed. We need to put the fault for a crime on the person committing the crime. So I am speaking for this bill. I think Senator Craig has laid out very well the issues of the gun laws. I certainly want every gun to be sold with a lock, and most guns in America are. And if they are not, having that device added to the gun, I think, is fine. I want everyone to have safety protection for guns in homes, because nothing could be worse than a child going into a gun cabinet and getting a gun that is not understood by the child and is fired. That is why we have safety locks. Most gun owners are responsible gun owners, and they should have a safety lock on a gun, particularly if there are children in the home. I want to add my support for the bill and the ability for our private gun manufacturers to face lawsuits that are legitimate, but not to have a frivolous lawsuit that is filed against a gun manufacturer through no fault of the manufacturer for the misuse of the gun--not a malfunction, but a misuse. I applaud the efforts of Senator Craig, and I hope we can take one more step toward curbing the lawsuit abuse that has been happening in this country in many areas. Frivolous lawsuits have been filed against gun manufacturers not for the malfunction of a gun, but the misuse. That is not the fault of the manufacturer, just as it is not the fault of other manufacturers of products that are misused. Mr. President, I hope my colleagues will support this important legislation. Let me say, in closing, I have heard a lot of debate about stopping the Defense bill to go to this bill. We had a cloture vote on Defense. Many people voted against cloture, and therefore the bill was brought down. I hope we can address the Defense authorization bill. I voted for cloture so we could go forward--not to stop the debate, but to curb it and keep it to relevant amendments so we may get this very important legislation through. With the cooperation of the other side, we will be able to do that the very first week we return. But I do think relevant amendments, not 100 amendments, including issues that do not even pertain to our defense, are legitimately cut off through a cloture vote. If we can get cooperation from the other side, we certainly intend to pursue the Defense authorization bill. I wish we could have done it this week, and I voted for cloture so that we could. We did not win. There were over 40 people who voted against cloture. So now we are on another very important bill, and we intend to take up the energy conference report and the highway conference report, two major pieces of legislation that we will be able to send to the President this week. I think we are going to have quite a successful week, a successful first part of this session of Congress to get important legislation on energy to create more incentives for different sources of energy for our country so we can become more self-sufficient. Certainly the highway bill will be a jobs creator to put the highway people to work with the larger amount of money that is now available in the highway trust fund. Mass transit is going to get its authorization as well in this highway bill. So we have a lot to do. I hope we can continue to pass this gun manufacturers liability bill--it is a good bill--and go forward with the other important business of our country. The first week we get back, I hope we will be able to address the elimination of inheritance taxes, death taxes, and I hope very much that we can get the Defense authorization bill and the Defense appropriations bill out by the first of the fiscal year so there will not be one day's delay in the money that is needed by our Department of Defense for the needs of the men and women who are fighting for the continued freedom of our country by fighting terrorism overseas. I thank the Chair. I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, I call up amendment No. 1477 and ask for its immediate consideration.

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

Mrs. HUTCHISON. Mr. President, this is a very simple amendment, and it is going to add one more category to those who will be able to receive special incentive pay for signing up to come in to serve our military in the medical field. This field is oral surgery. Those who are deployed in Iraq and Afghanistan and other military theaters have critical needs for oral surgery. Complex facial trauma comes with battlefield injuries. In addition to being on the ground in mobile surgical hospital units, oral surgeons are serving on every aircraft carrier to provide essential facial reconstruction and trauma care. These surgeons are indispensable military personnel who provide a unique and necessary role in caring for our troops. Unfortunately, this valuable role is being threatened by an ever-widening compensation gap between military and civilian pay and the unlimited practice opportunities that oral surgeons have in the civilian market. With a historical retention rate of 85 percent, a loss of 15 percent, recent statistics predict the current retention rate for oral surgeons is closer to only 75 percent. Even more concerning, many of our military's oral surgeons are senior officers who could retire at any time. In fact, if all oral surgeons eligible for retirement were to retire next year, we could have a 50- percent reduction in this force. As a means to recruit and retain essential specialties vital to maintaining the military's readiness, the military offers a variety of special pay programs to supplement a specialist's base pay and to help close the military-civilian pay gap. One such special pay program is known as incentive special pay. Available to medical personnel, incentive special pay is a yearly bonus that is designed to bring the salaries of military specialists into closer line with civilian specialists. Although it doesn't get there, it does help. Applied at different levels based on medical specialties, wartime role, and retention, incentive special pay ranges from now between $12,000 for pediatrics to $36,000 for trauma surgery specialists. Ear, nose, and throat specialists, the most comparable medical personnel to oral surgeons, are eligible for incentive special pay around $30,000. Although oral surgeons stand the same facial trauma watches as ear, nose, and throat specialists and provide the same critical head and neck trauma care as ENTs, they are not eligible for incentive special pay. Often serving as the only head and neck specialist on aircraft carriers and smaller hospitals, our oral and maxillofacial surgeons are providing essential services for our troops in combat, services we cannot afford to lose. Today, I ask my colleagues to join me in recognizing the important and necessary role that oral surgeons are providing our military by making these surgeons eligible for incentive special pay. We can't allow the pay disparity between military and civilian oral surgeons to become so substantial that these necessary specialists retire from the service or resign their commissions to be in private practice. I urge my colleagues to join me in allowing oral surgeons in uniform who are providing critical trauma services for our troops in the war on terror to be eligible for incentive special pay just as many other medical specialties are. I yield the floor.

Mrs. HUTCHISON

Mrs. HUTCHISON. Mr. President, parliamentary inquiry: I wanted to make time for the Hutchison-Nelson amendment to come after Senator Durbin and before the 4:30 amendment.

Mrs. HUTCHISON. Mr. President, I was under the impression that Senator Nelson and I would be able to offer our sense-of-the-Senate amendment following Senator Durbin.

Mrs. HUTCHISON. Whatever is the pleasure of the chairman and ranking member.