S308 CONGRESSIONAL RECORD — SENATE January 12, 2009 

law, the report of a rule entitled ‘‘Amendment of Section 73.622(i), Final DTV Table of 

Allotments, Television Broadcast Stations; 

Casper, Wyoming’’ (MB Docket No. 08–108) 

received in the Office of the President of the 

Senate on January 7, 2009; to the Committee 

on Commerce, Science, and Transportation. 

EC–431. A communication from the Chief of 

Staff, Media Bureau, Federal Communications Commission, transmitting, pursuant to 

law, the report of a rule entitled ‘‘Amendment of Section 73.622(i), Final DTV Table of 

Allotments, Television Broadcast Stations; 

Hayes Center, Nebraska’’ (MB Docket No. 08– 

193) received in the Office of the President of 

the Senate on January 7, 2009; to the Committee on Commerce, Science, and Transportation. 

EC–432. A communication from the Chief of 

Staff, Media Bureau, Federal Communications Commission, transmitting, pursuant to 

law, the report of a rule entitled ‘‘Amendment of Section 73.622(i), Final DTV Table of 

Allotments, Television Broadcast Stations; 

Huntsville, Alabama’’ (MB Docket No. 08– 

105) received in the Office of the President of 

the Senate on January 7, 2009; to the Committee on Commerce, Science, and Transportation. 

EC–433. A communication from the Chief of 

Staff, Media Bureau, Federal Communications Commission, transmitting, pursuant to 

law, the report of a rule entitled ‘‘Amendment of Section 73.622(i), Final DTV Table of 

Allotments, Television Broadcast Stations; 

Kansas City, Missouri’’ (MB Docket No. 08– 

111) received in the Office of the President of 

the Senate on January 7, 2009; to the Committee on Commerce, Science, and Transportation. 

EC–434. A communication from the Chief of 

Staff, Media Bureau, Federal Communications Commission, transmitting, pursuant to 

law, the report of a rule entitled ‘‘Amendment of Section 73.622(i), Final DTV Table of 

Allotments, Television Broadcast Stations; 

Sioux City, Iowa’’ (MB Docket No. 08–109) received in the Office of the President of the 

Senate on January 7, 2009; to the Committee 

on Commerce, Science, and Transportation. 

f 

PETITIONS AND MEMORIALS 

The following petitions and memorials were laid before the Senate and 

were referred or ordered to lie on the 

table as indicated: 

POM–1. A resolution adopted by the Senate 

of the State of New Jersey memorializing 

Congress to protect the automobile industry 

and expand national infrastructure projects 

and related industries; to the Committee on 

Banking, Housing, and Urban Affairs. 

SENATE RESOLUTION NO. 37 

Whereas, a number of specialists have 

warned that the collapse of the national 

economy could occur if certain stop-gap and 

long-term actions are not implemented to 

overcome the problems facing the automotive and machine tool sectors of our economy; and 

Whereas, the loss of the physical capabilities of the automotive industry, especially 

its tool sector, could mean the end of America’s status as a leading world economic 

power; and 

Whereas, while it is in the best interests of 

our national security to have a strong, vibrant manufacturing and industrial sector, 

capable of producing the necessary machinery and technology to defend the citizens of 

the United States and protect our interests 

abroad, our manufacturing and industrial 

sector has experienced a dramatic reduction 

in capacity and production over the last several decades; and 

Whereas, government has an obligation to 

promote economic activity through the creation of new capital investment, which will 

result in the expansion of employment opportunities and help jump-start long-term 

capital investment by private investors; and 

Whereas, as government leaders, we must 

ensure the continued viability of our automotive and machine tool industries, which is 

a vital element of the State and federal 

economy; and 

Whereas, diversification of the productive 

potential of the automotive and machine 

tool industries into a broader sector of production, coupled with a shift into the domain 

of essential capital goods and economic infrastructure, such as the repair, expansion, 

and improvement of our national railway 

systems, and the development of other urgently needed infrastructure projects, will 

save existing manufacturing jobs and create 

large new areas of employment in infrastructure and manufacturing for our citizenry in 

a manner comparable to the best of the New 

Deal programs that rescued the nation and 

the world from the ravages of the Great Depression; and 

Whereas, the impact of this intervention 

will be to provide thousands of productive 

jobs in the state of New Jersey, repair our 

infrastructure, and create at least ten million jobs nationally, thus restoring our tax 

base and increasing the standard of living: 

Now, therefore; be it 

Resolved by the Senate of the State of New 

Jersey: 

l. The Senate of the State of New Jersey 

respectfully memorializes the Congress of 

the United States to intervene on behalf of 

national economic interests to ensure that 

the productive potential of the automobile 

industry, with its featured technology and 

machine tool capability, be protected. 

2. The Senate of the State of New Jersey 

respectfully memorializes the Congress of 

the United States to intervene to vastly expand the construction and maintenance of 

infrastructure projects and related industries. 

3. Duly authenticated copies of this resolution, signed by the President of the Senate 

and attested by the Secretary thereof, shall 

be transmitted to each member of New Jersey’s congressional delegation and to the 

Speaker and Clerk of the United States 

House of Representatives, Washington, D.C., 

and the President and Secretary of the 

United States Senate, Washington, D.C. 

POM–2. A resolution adopted by the Commission of Wayne County of the State of 

Michigan relative to supporting the United 

States Congress rescue plan to offer low-interest loans to Ford Motor Co., General Motors Corp., and Chrysler LLC to insure the 

viability of the U.S. auto industry; to the 

Committee on Banking, Housing, and Urban 

Affairs. 

POM–3. A report from a sportsmen club of 

Washington State relative to a Department 

of Agriculture, Forest Service report; to the 

Committee on Energy and Natural Resources. 

POM–4. A report from the Florida Department of State, Commission of Office, relative 

to the Minority Appointment Reporting 

Form for 2007; to the Committee on Rules 

and Administration. 

POM–5. A report from the Florida Department of State, Commission of Office, relative 

to the Minority Appointment Reporting 

Form for 2007; to the Committee on Rules 

and Administration. 

POM–6. A report from a textile corporation 

relative to Senate material; to the Committee on Rules and Administration. 

INTRODUCTION OF BILLS AND 

JOINT RESOLUTIONS 

The following bills and joint resolutions were introduced, read the first 

and second times by unanimous consent, and referred as indicated: 

By Mr. BARRASSO: 

S. 201. A bill to amend the Internal Revenue Code of 1986 to extend the additional 

standard deduction for real property taxes 

for nonitemizers for 2010; to the Committee 

on Finance. 

By Mr. ENSIGN (for himself, Mr. NELSON of Florida, Mr. FEINGOLD, Mr. 

DORGAN, and Mr. CORKER): 

S. 202. A bill to improve consumer access 

to passenger vehicle loss data held by insurers; to the Committee on Commerce, 

Science, and Transportation. 

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. 

By Mr. KOHL (for himself, Mr. BROWN, 

Mr. SPECTER, Mr. LEAHY, Mr. GRASSLEY, Mr. FEINGOLD, Ms. SNOWE, Mr. 

SCHUMER, Mr. DURBIN, Mr. LEVIN, and 

Mr. LAUTENBERG): 

S. 204. A bill to amend the Sherman Act to 

make oil-producing and exporting cartels illegal; to the Committee on the Judiciary. 

By Mr. BINGAMAN (for himself, Mrs. 

HUTCHISON, Mrs. FEINSTEIN, Mr. DURBIN, Mr. MCCAIN, and Mr. KYL): 

S. 205. A bill to authorize additional resources to identify and eliminate illicit 

sources of firearms smuggled into Mexico for 

use by violent drug trafficking organizations, and for other purposes; to the Committee on the Judiciary. 

By Mrs. BOXER: 

S. 206. A bill to amend the Elementary and 

Secondary Education Act of 1965 to establish 

a program to help States expand the education system to include at least 1 year of 

early education preceding the year a child 

enters kindergarten; to the Committee on 

Health, Education, Labor, and Pensions. 

By Mrs. BOXER: 

S. 207. A bill to amend the Internal Revenue Code of 1986 to allow a deduction for 

health insurance premiums; to the Committee on Finance. 

By Mrs. BOXER: 

S. 208. A bill to provide Federal coordination and assistance in preventing gang violence; to the Committee on the Judiciary. 

By Mrs. BOXER: 

S. 209. A bill to amend the Internal Revenue Code of 1986 to modify and extend the 

credit for alternative motor vehicles, and for 

other purposes; to the Committee on Finance. 

By Mrs. BOXER: 

S. 210. A bill to amend the Internal Revenue Code of 1986 to increase the credit for 

employers establishing workplace child care 

facilities, to increase the child care credit to 

encourage greater use of quality child care 

services, to provide incentives for students 

to earn child care-related degrees and to 

work in child care facilities, and to increase 

the exclusion for employer-provided dependent care assistance; to the Committee on Finance. 

By Mrs. CLINTON (for herself, Mr. 

BURR, Mr. AKAKA, Mr. BROWN, Ms. 

CANTWELL, Mr. CASEY, Ms. COLLINS, 

Mr. DURBIN, Mrs. FEINSTEIN, Mr. 

INOUYE, Mr. KERRY, Ms. LANDRIEU, 

Mr. LAUTENBERG, Mr. LEVIN, Mr. 

LUGAR, Mr. MENENDEZ, Ms. MIKULSKI, 

Mrs. MURRAY, Mr. ROBERTS, Mr. 


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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. 

f 

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. 

f 

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. 

f 

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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