January 12, 2009 CONGRESSIONAL RECORD — SENATE S309 

SCHUMER, Ms. SNOWE, Mr. SPECTER, 

Ms. STABENOW, and Mr. WHITEHOUSE): 

S. 211. A bill to facilitate nationwide availability of 2–1–1 telephone service for information and referral on human services and 

volunteer services, and for other purposes; to 

the Committee on Health, Education, Labor, 

and Pensions. 

By Mrs. BOXER (for herself and Mrs. 

FEINSTEIN): 

S. 212. A bill to expand the boundaries of 

the Gulf of the Farallones National Marine 

Sanctuary and the Cordell Bank National 

Marine Sanctuary, and for other purposes; to 

the Committee on Commerce, Science, and 

Transportation. 

By Mrs. BOXER (for herself and Ms. 

SNOWE): 

S. 213. A bill to amend title 49, United 

States Code, to ensure air passengers have 

access to necessary services while on a 

grounded air carrier, and for other purposes; 

to the Committee on Commerce, Science, 

and Transportation. 

By Mr. BINGAMAN (for himself, Mr. 

LEAHY, Mr. LIEBERMAN, and Mr. 

CARDIN): 

S. 214. A bill to amend title XXI of the Social Security Act to permit qualifying States 

to use their allotments under the State Children’s Health Insurance Program for any fiscal year for certain Medicaid expenditures; 

to the Committee on Finance. 

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SUBMISSION OF CONCURRENT AND 

SENATE RESOLUTIONS 

The following concurrent resolutions 

and Senate resolutions were read, and 

referred (or acted upon), as indicated: 

By Mr. SPECTER (for himself, Mr. 

COBURN, and Mr. ALEXANDER): 

S. Res. 12. A resolution to amend the 

Standing Rules of the Senate to prohibit filling the tree; to the Committee on Rules and 

Administration. 

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ADDITIONAL COSPONSORS 

S. 34

At the request of Mr. DEMINT, the 

names of the Senator from North Carolina (Mr. BURR) and the Senator from 

Mississippi (Mr. COCHRAN) were added 

as cosponsors of S. 34, a bill to prevent 

the Federal Communications Commission from repromulgating the fairness 

doctrine. 

S. 61

At the request of Mr. DURBIN, the 

name of the Senator from Wisconsin 

(Mr. FEINGOLD) was added as a cosponsor of S. 61, a bill to amend title 11 of 

the United States Code with respect to 

modification of certain mortgages on 

principal residences, and for other purposes. 

S. 64

At the request of Mr. INHOFE, the 

names of the Senator from Texas (Mrs. 

HUTCHISON), the Senator from Kansas 

(Mr. ROBERTS), the Senator from Louisiana (Mr. VITTER), the Senator from 

Wisconsin (Mr. FEINGOLD) and the Senator from Alabama (Mr. SESSIONS) were 

added as cosponsors of S. 64, a bill to 

amend the Emergency Economic Stabilization Act to require approval by 

the Congress for certain expenditures 

for the Troubled Asset Relief Program. 

S. 85

At the request of Mr. VITTER, the 

name of the Senator from South Carolina (Mr. DEMINT) was added as a cosponsor of S. 85, a bill to amend title X 

of the Public Health Service Act to 

prohibit family planning grants from 

being awarded to any entity that performs abortions. 

S. 133

At the request of Mrs. FEINSTEIN, the 

name of the Senator from Maryland 

(Mr. CARDIN) was added as a cosponsor 

of S. 133, a bill to prohibit any recipient of emergency Federal economic assistance from using such funds for lobbying expenditures or political contributions, to improve transparency, 

enhance accountability, encourage responsible corporate governance, and for 

other purposes. 

S. 160

At the request of Mr. LIEBERMAN, the 

name of the Senator from Maryland 

(Ms. MIKULSKI) was added as a cosponsor of S. 160, a bill to provide the District of Columbia a voting seat and the 

State of Utah an additional seat in the 

House of Representatives. 

S. 166

At the request of Mrs. HUTCHISON, the 

name of the Senator from Alaska (Ms. 

MURKOWSKI) was added as a cosponsor 

of S. 166, a bill to amend title VII of 

the Civil Rights Act of 1964 to clarify 

the filing period applicable to charges 

of discrimination, and for other purposes. 

S. RES. 4

At the request of Mr. VITTER, the 

name of the Senator from South Carolina (Mr. DEMINT) was added as a cosponsor of S. Res. 4, a resolution expressing the sense of the Senate that 

the Supreme Court of the United 

States erroneously decided Kennedy v. 

Louisiana, No. 07–343 (2008), and that 

the eighth amendment to the Constitution of the United States allows the 

imposition of the death penalty for the 

rape of a child. 

AMENDMENT NO. 7

At the request of Mr. COBURN, the 

name of the Senator from Wisconsin 

(Mr. FEINGOLD) was added as a cosponsor of amendment No. 7 intended to be 

proposed to S. 22, a bill to designate 

certain land components of the National Wilderness Preservation System, to authorize certain programs and 

activities in the Department of the Interior and the Department of Agriculture, and for other purposes. 

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STATEMENTS ON INTRODUCED 

BILLS AND JOINT RESOLUTIONS 

By Mrs. FEINSTEIN (for herself 

and Mr. KYL): 

S. 203. A bill to amend the Immigration and Nationality Act to modify the 

requirements for participation in the 

visa waiver program and for other purposes; to the Committee on the Judiciary. 

Mrs. FEINSTEIN. Mr. President, I 

rise today to introduce a bill on behalf 

of myself and Senator KYL to mitigate 

the immigration and security risks associated with the Visa Waiver Program 

and its expansion. 

The Visa Waiver Program leaves 

open both a major gap in our domestic 

security and a way to exploit our immigration laws. The Strengthening the 

Visa Waiver Program to Secure America Act would give the Department of 

Homeland Security, DHS, new tools to 

secure the Visa Waiver Program, consistent with the recommendations 

made by the 9/11 Commission. 

The bill would set a maximum low 

visa overstay rate for all visa waiver 

program countries; require a reevaluation of visa waiver program countries 

within 1 year; mandate that the administration will lose its authority to continue to expand the program if it does 

not track 97 percent of those exiting 

and departing at our airports—based on 

arrival data, not just departure data; 

require an audit of the electronic travel authorization system, ESTA; and require current visa waiver countries to 

report on lost or stolen visas in order 

to remain in the visa waiver program. 

Senator KYL and I have held multiple 

hearings over the years and time and 

time again we have expressed concern 

and requested improvements, but no 

changes have been forthcoming in how 

the Department of Homeland Security 

intends to implement this program. 

The hearings and the recent Government Accountability Office report 

found that the administration is not 

doing what it should to secure the program. Instead, the Visa Waiver Program has continued to expand without 

meeting the security needs of our country. 

In fact, just today the administration 

has announced that it has met the 

deadline for the electronic travel authorization system, ESTA, to be fully 

operational. However, the GAO report 

found that ESTA—the one security 

check for visa waiver travelers prior to 

arrival at our Nation’s airports—has 

not been implemented effectively by 

the administration to make it a workable system for the airlines and embassies. 

The GAO report also found that the 

administration is still unable to track 

who comes in and out of this country. 

This is especially significant given 

that the program was recently expanded to countries with high visa 

overstay rates, bringing the number of 

participating countries to 35. 

This means that for the citizens of 35 

countries—including Australia, Singapore, Slovenia, and the United Kingdom—entering the United States is as 

simple as purchasing an airline ticket 

and arriving at the airport with a valid 

passport in hand. 

The result is that these travelers not 

only bypass the interview and individualized security screening process, but 

they are also lost once they arrive in 

the U.S. because DHS is only checking 

when individuals depart at our airports, not if they overstay their visit. 

It is estimated that 40 percent of the 

current undocumented population are 

people who have overstayed their visas. 

That means that if there are 12 million 


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