Jay Rockefeller

Mr. ROCKEFELLER

Mr. ROCKEFELLER. I yield the floor.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Ad Hoc Subcommittee on Disaster Recovery be authorized to meet on Thursday, April 12, 2007, at 2 p.m. for a hearing titled ``GAO's Analysis of the Gulf Coast Recovery: A Dialogue on Removing Obstacles to the Recovery Effort.''

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Subcommittee on Security and International Trade and Finance be authorized to meet during the session of the Senate on April 12, 2007, at 2 p.m., to conduct a hearing on ``Pirating the American Dream: Intellectual Property Theft's Impact on America's Place in the Global Economy and Strategies for Improving Enforcement.''

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to hold a hearing on equal pay for women workers during the session of the Senate on Thursday, April 12, 2007 at 2 p.m. in SD-628.

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Thursday, April 12, 2007, at 9:30 a.m. in Room 485 of the Russell Senate Office Building to conduct a business meeting to consider pending legislation, to be followed immediately by an Oversight Hearing on Tribal Colleges and Universities.

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, April 12, at 10 a.m. in Dirksen Room 226. Agenda I. Committee Authorization, Authorization of Subpoenas in Connection with Investigation into Replacement of U.S. Attorneys. II. Bills, S. 236, Federal Agency Data Mining Reporting Act of 2007, Feingold, Sununu, Leahy, Kennedy, Carin; S. 376, Law Enforcement Officers Safety Act of 2007, Leahy, Specter, Grassley, Kyl, Sessions, Cornyn; S. 849, OPEN Government Act, Leahy, Cornyn, Specter, Feingold; S. 119, War Profiteering Prevention Act of 2007, Leahy, Feinstein, Feingold, Schumer, Durbin; S. 621, Wartime Treatment Study Act of 2007, Feingold, Grassley, Kennedy; S. 798, Star-Spangled Banner and War of 1812 Bicentennial Commission Act, Cardin, Warner, Kennedy; S. 735, Terrorist Hoax Improvements Act of 2007, Kennedy, Kyl, Coleman, Schumer; H.R. 740, Preventing Harassment through Outbound Number Enforcement (PHONE) Act of 2007, Scott, Conyers, Forbes, Boucher, Jackson-Lee, Gutierrez, Sherman. III. Nominations, Robert Gideon Howard, Jr., to be United States Marshall for the Eastern District of Arkansas; Frederick J. Kapala, to be United States District Judge for the Northern District of Illinois; Halil Suleyman Ozerden, to be United States District Judge for the Southern District of Mississippi; Benjamin Hale Settle, to be United States District Judge for the Western District of Washington. IV. Resolutions, S. Res. 112, designating April 6, 2007, as ``National Missing Person's Day,'' Schumer, Crapo, Feinstein.

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the Session of the Senate on Thursday, April 12, 2007, at 2:15 p.m., in 215 Dirksen Senate Office Building, to hear testimony on ``International Perspectives on Alternative Energy Policy: Incentives and Mandates and their Impacts.''

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the Session of the Senate on Thursday, April 12, 2007, at 6:40 p.m., in 215 Dirksen Senate Office Building, to consider a substitute to S. 3, the Medicare Prescription Drug Price Negotiation Act of 2007.

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session of the Senate on Thursday, April 12, 2007, at 10 a.m., in G50 Dirksen Senate Office Building, to hear testimony on ``Filing Your Taxes: An Ounce of Prevention is Worth a Pound of Cure.''

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to hold a hearing during the session of the Senate on Thursday, April 12, 2007, at 10 a.m., in room 253 of the Russell Senate Office Building. The purpose of this hearing is to examine the implementation of the Transportation Worker Identification Credential (TWIC) Program.

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to hold a hearing during the session of the Senate on Thursday, April 12, 2007, at 10 a.m. in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to receive testimony on S. 987, the Biofuels for Energy Security and Transportation Act.

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on April 12, 2007 at 2:30 p.m. to hold a closed hearing.

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Committees on Armed Services and Veterans' Affairs be authorized to meet during the session of the Senate on Thursday, April 12, 2007, at 9:30 a.m., in open session to receive testimony on the Departments of Defense and Veterans Affairs disability rating systems and the transition from the Department of Defense to the Department of Veterans Affairs.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the following staff members of the Intelligence Committee be given access to the floor during consideration of S. 372 and all pending matters. Sameer Bhalotra, Randy Bookout, Tom Corcoran, Mike Davidson John Dickas, Melvin Dubee, Lorenzo Goco, Evan Gottesman, David Grannis, Christine Healey, Andy Johnson, Dan Jones, David Koger, Jack Livingston, John Maguire, Paul Matulic, Don Mitchell, Matt Pollard, Kathleen Rice, Eric Rosenbach, Todd Rosenblum, Jacqueline Russell, Alissa Starzak, Don Stone, Greg Thielmann, Louis Tucker, Jennifer Wagner, Christopher White. I ask further that Ken Johnson, of the Committee staff, be given unrestricted floor privileges during consideration of S. 372 and related pending matters.

Mr. ROCKEFELLER

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

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, let me take this opportunity to extend my deep appreciation to my good friend, Senator Reid, for his very genuine persistence in pursuing this Intelligence authorization bill. He has worked hard, both as minority leader and as majority leader, to try to make this happen. I suspect Senator Bond and I will have some fairly strong words to say in agreement about this because I think both of us are very dismayed that despite the very considerable efforts of Vice Chairman Bond and myself--we operate very closely together--to get agreement on this bill, there is still an objection to its consideration, as I understand. It is almost inconceivable to me we are forced to come to this point of cloture and motions to proceed and all kinds of things on a national security bill. I do not understand that, where that comes from, why the motivation, how that happens. In any event, we are talking about the authorization bill of the Intelligence Committee for 2007; and this is already the period for the 2008 authorization bill. It is inexcusable. From 1978 through 2004-- that is a long time, 1978 to 2004--every year, there was an authorization bill, like every year there is a military authorization, Armed Services authorization bill. It happens in all major committees. The Senate had an unbroken 27-year record of having authorization bills every single year. This year and the last year--and I think the preceding year--we did not. It is very frustrating to the Senator from Missouri and myself. This should be considered, and is considered, must-pass legislation. It is in the national interest. We are in the middle of a war on terror. Our continued military involvement in Iraq and Afghanistan calls for an analysis of what is going on in the intelligence community, putting it into authorization form so it can go on to be discussed and debated on the floor. It is a matter of life and death. But we are being blocked again from considering a bill that provides the legislative roadmap for America's intelligence programs. America is not meant to work that way. Similar to the bills I have mentioned, you have to get authorization. It is done routinely. It is very puzzling. Now, there are 16 separate provisions under our 2007 authorization bill--we are in the period for the 2008 authorization bill--enhancing and clarifying the authority of the Director of National Intelligence. These provisions include improvements to the way we approach and manage human intelligence, which the vice chairman and I feel very strongly about, information sharing, and the ability to manage intelligence community resources. Those are words with a great deal behind them. I, like many of my colleagues, have been increasingly concerned about the seemingly endless stream of leaks of classified information. This bill includes provisions improving the authority of the Director of National Intelligence, whom we put in charge to look at matters such as these, and the Director of the CIA to protect intelligence sources and methods and a provision to increase the penalties for unauthorized disclosure of the identity of a covert agent. The bill also contains numerous provisions intended to improve oversight of the intelligence community. We have not been doing that in the sense that we should, and Vice Chairman Bond and I worked very closely together on this issue. He is a ferocious pursuer of intelligence wherever he can find it, and he usually manages to bring it back with him. Section 408 will establish a statutory inspector general for the intelligence community. The DNI, the Director of National Intelligence, has used his power to create an IG, but the power to do so doesn't mean a requirement to do so. So we would strengthen that position in this legislation and make it more accountable to Congress. Section 434 of the bill strengthens accountability and oversight of the technical intelligence agencies by providing a very important matter: that the heads of the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency are to be appointed by the President, as they have been but with the advice and consent of the Senate. That has not been the case. This is an enormous fountain of intelligence, and we think they ought to be responsive to the two Intelligence Committees in the Senate and the House. My colleagues may be surprised that the head of an agency with as central a role in the intelligence community as the National Security Agency or an agency with the enormous budget of the National Reconnaissance Office is not appointed with Senate confirmation. It is really shocking. Whether it was an oversight or not, I have no idea, but it is wrong. Senator Mikulski pointed this out. This bill would correct that. Section 108, cosponsored in committee last year by Senators Levin and Hagel, seeks to improve the timely flow of information to congressional intelligence committees. In other words, things can't be put off for a year or 2 years, 6 months or whatever. We try to enforce our view that we are an oversight group and we intend to be treated as such and we will not be treated in a lesser way. Similar language was included in the intelligence reform legislation that passed the Senate in 2004 and in S. 4, which passed the Senate last month. There are requirements for the provision of specific information, including a report on the implementation of the Detainee Treatment Act and a separate report on the operation of clandestine detention facilities. These are not trivial matters, as the Presiding Officer understands, and they cannot be dealt with trivially by this body, and therefore we need this bill. These provisions are all intended to improve our ability to make decisions leading to better intelligence for the military and policymakers. There is no reason the Senate cannot pass the bill and do so quickly so that we can conference with the House and do that quickly so that we can pass the bill, the authorization bill of 2007, here in April of 2007 and proceed on. I will close by saying: I would remind my colleagues that we are at war in Iraq and in Afghanistan, and we are at war in scores--or potentially at war in scores of countries around the world where al- Qaida is strong and growing, or groups such as the Taliban or others are growing. We can't have delay. This is an important bill. I encourage my colleagues to vote for the motion to invoke cloture and allow this process to move forward. Mr. President, I yield the floor.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that I be recognized for the time remaining under morning business, and I further ask consent that after my time expires, the Senator from Missouri, Mr. Bond, be recognized for a period of 5 minutes.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise today to join my distinguished colleague, Senator Thad Cochran, in sponsoring the reauthorization of the National Writing Project. We have worked together for many years on the wonderful program that supports teachers and quality writing. Senator Cochran has long been one of this body's strongest advocates for not only the NWP, but for education in general. His leadership is quiet and effective, and truly inspiring. The National Writing Project, NWP, provides our teachers with professional development to enhance their skills and in turn those teachers bring new skills and new enthusiasm to their classrooms and their students. Over 141,000 educators annually go through the NWP and become invaluable resources to millions of children nationwide. The NWP is at the forefront in the efforts to improve our schools for teachers and students. The NWP is not only a great idea in theory but it has a record of success by consistently delivering results that can be seen in our classrooms. Students in NWP classrooms have shown demonstrably improved ability to organize and develop ideas in writing. A study published in January 2006 concluded that students whose teachers underwent NWP training uniformly demonstrated positive results. Every State participates in the program. West Virginia has benefited tremendously from this program. The three sites in my State are Central West Virginia Writing Project, Marshall University Graduate College in South Charleston, the Marshall University Writing Project in Huntington, and the National Writing Project at West Virginia University in Morgantown. I am particularly proud of the leadership at Marshall University on its Technology Project to explore ways to better integrate technology into writing and classroom education. During the 2005-2006 school year the NWP conducted more than 140 programs serving over 3,000 teachers. The NWP is a perfect example of how the public and the private sector should work in partnership to improve our society. The NWP operating budget comes not only from the Federal Government but from in kind contribution from colleges and universities. Programs like the NWP are an essential part strengthening our education system, and it deserves our continued support.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise today to join my distinguished colleague, Senator Thad Cochran, in sponsoring the reauthorization of the National Writing Project. We have worked together for many years on the wonderful program that supports teachers and quality writing. Senator Cochran has long been one of this body's strongest advocates for not only the NWP, but for education in general. His leadership is quiet and effective, and truly inspiring. The National Writing Project, NWP, provides our teachers with professional development to enhance their skills and in turn those teachers bring new skills and new enthusiasm to their classrooms and their students. Over 141,000 educators annually go through the NWP and become invaluable resources to millions of children nationwide. The NWP is at the forefront in the efforts to improve our schools for teachers and students. The NWP is not only a great idea in theory but it has a record of success by consistently delivering results that can be seen in our classrooms. Students in NWP classrooms have shown demonstrably improved ability to organize and develop ideas in writing. A study published in January 2006 concluded that students whose teachers underwent NWP training uniformly demonstrated positive results. Every State participates in the program. West Virginia has benefited tremendously from this program. The three sites in my State are Central West Virginia Writing Project, Marshall University Graduate College in South Charleston, the Marshall University Writing Project in Huntington, and the National Writing Project at West Virginia University in Morgantown. I am particularly proud of the leadership at Marshall University on its Technology Project to explore ways to better integrate technology into writing and classroom education. During the 2005-2006 school year the NWP conducted more than 140 programs serving over 3,000 teachers. The NWP is a perfect example of how the public and the private sector should work in partnership to improve our society. The NWP operating budget comes not only from the Federal Government but from in kind contribution from colleges and universities. Programs like the NWP are an essential part strengthening our education system, and it deserves our continued support.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I rise today to support the fiscal year 2008 budget resolution and our Budget chairman, Senator Conrad, who has done an extraordinary job in developing such a thoughtful resolution. This budget resolution helps to get our country back on the right fiscal track, and it highlights many priorities for American families that were neglected or ignored over the last few years. For example, this resolution increases discretionary education funding by about $9 billion so that we can invest in title 1, IDEA and improving Pell grants and student aid. Another important change is the investment in our veterans by providing $3.5 billion more for the VA. This resolution approximately matches the funding request of the veteran's organizations, known as the independent budget. It is a travesty that VA has been underfunded in the past as veterans are returning from Iraq and Afghanistan. In West Virginia, I host confidential roundtables to listen in private to our returning veterans. I want to hear from them personally about their experience in combat, and their care and treatment after they come home. I am deeply disturbed by stories of hassles to get medical appointment and lengthy delays in processing claims for benefits. Every veteran who has bravely served our Nation deserves timely and quality care and benefits. Because of the violence and intense combat, many of our returning veterans want and need mental health care. We have a moral obligation to care for our veterans, both those coming home today and the aging veterans of WWII, Korea and Vietnam. This budget resolution is a meaningful downpayment to fulfill our obligations. It will let us investment in mental health care, and begin to improve our VA benefits system so that wounded soldiers do not have to wait ridiculous amounts of time to get their benefit claims resolved. One part of this resolution that is deeply important to me is the investment of $50 billion for reauthorization of the Children's Health Insurance Program, CHIP. In 1997, I fought hard to create this program, and I am enormously proud of the success of CHIP in providing insurance coverage to children. In my own State of West Virginia, there are nearly 40,000 children covered through CHIP each year. This budget resolution will allow us to move CHIP forward in two important ways: first, to maintain coverage for children currently enrolled in the program today and, second, to expand coverage to children who are eligible but not yet enrolled in the program. This provision is a strong signal of the new priorities of the leadership in the 110th Congress. I would like to particularly thank Senator Conrad and his staff for the commitment this resolution makes to CHIP. I know this budget wasn't easy. I know that there are many competing priorities for limited Federal resources and an ever escalating demand. But, I am so proud that Democrats are taking a stand for children and making CHIP reauthorization the top health care priority this year. This budget resolution is responsible. It restores pay-as-you-go rules. But it also includes deficit-neutral reserve funds so that Congress can move forward on important areas like reauthorization of the Higher Education Act, competitiveness and other domestic priorities that have been ignored for too long. I have been proud to support this budget resolution throughout a long day of votes, and I want to thank and commend our chairman, Senator Conrad, for a job well done.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, amendment No. 591 would create a deficit neutral reserve fund and would allow for legislative action by the Finance Committee to improve the child support enforcement system as long as the costs were offset. The child support program has collected more than $23 billion for 17 million children participating in the program. The Congressional Research Service found that this program is one of the most important safety net programs reducing poverty rates for working families. Unfortunately the Deficit Reduction Act, DRA, made deep cuts in this enforcement funding. A preliminary estimate by the Congressional Budget Office indicates that $11 billion in child support payments will go uncollected over the next 10 years, even if States backfill half of the lost Federal funds. Child support payments allowed more than 300,000 families to close their Temporary Assistance to Needy Families cases in 2004. Families go on welfare less often and leave sooner when they receive reliable support payments. In addition, Federal costs for Medicaid, food stamps, and other means-tested programs decrease when both parents support their children. The child support program collected $4.58 in private dollars for every $1 spent by Federal, State, and county governments. The Office of Management and Budget rated the child support program as one of the most effective government programs. As States implement the cuts in the DRA, fewer children will receive reliable support from their parents. States and counties will collect support less consistently and it will take longer to establish paternity and support orders. Employer outreach initiatives will be curtailed. Domestic violence services and initiatives to help low- income fathers work and stay involved with their children will be reduced or eliminated. Interstate enforcement will be less dependable. As program resources are reduced, a State's ability to meet Federal performance measures will deteriorate. A downward spiral in performance will further decrease State program funds and increase penalty risks. Counties in particular rely on performance incentive funding to operate. The performance gap will widen between States and counties able to backfill funds and those that cannot.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, I speak today in support of the budget resolution. I have many highly complimentary things I could say about Senator Conrad, who has probably the toughest job in the Senate. He has proceeded brilliantly, fairly, calmly, and within the public interest. The public interest is, to me, the most important. He has shown that commitment by including $50 billion for the reauthorization of the Children's Health Insurance Program. I reserve a note of personal privilege. I first became aware of what happens to children--in this case, in rural America--when I was a Vista volunteer in West Virginia in 1964 and 1965. I saw children and their families who had no concept of health care. Never in their lives did they have health care or most anything else that really counted in terms of giving them hope. So that has been kind of my moral compass ever since. It is the way I vote, it is the way I feel, and it is who I am. I know this budget was not easy for the chairman of the Budget Committee. But I am so proud the chairman and the Democrats are standing up for children and making CHIP reauthorization the top health priority of this year. This is not a Democratic program. This is not a Republican program. If there is anything at all that was ever an American program--Governors, everybody--nobody can disagree on the power of this program, with the exception that it is now in deep stress. It has been cut by two-thirds from its present inadequate funding. This amendment would not only restore the full 6 million children who are not covered--and, again, I want you to contemplate a child not covered, a child who develops a toothache, a child who develops a stomachache, a child who is miles from a hospital and whose family may not have a car to get that child there. Children's health insurance means everything. Immunization, preventive care--CHIP is the only program that has ever done this. We did this with Medicare in 1965. We did it 30 years later with the Children's Health Insurance Program. I think it is the single most accepted Federal program in my State of West Virginia, with the exception, obviously, of Medicare, Social Security, and Medicaid. The problem is the budget was cut. So of the 6 million who originally were covered, many are now not covered. We have many problems facing us. The budget chairman, Senator Conrad, has corrected these problems. He has included not only the 6 million who were on it but many of whom were cut or would be cut, and then he has included the 6 million more who are eligible because they qualify in every way except there is not the money to cover them. There would now be the money to cover them. I have never faced the problem, to be honest, could I make it in life in some way or another, where was my next meal coming from, what would happen if I had some kind of an illness. That is not the typical experience in lots of rural America and urban America. That is where my heart lies, with those people. I think we have a sacred responsibility as a Senate, on the most bipartisan issue I can possibly think of, to remedy this problem and to take care of it quickly by adopting this piece of legislation. We remember, in 1977, there were 10 million uninsured children. The failure of health care reform in the early 1990s took away our will, took the wind out of our sails. It turned us into incrementalists. So we did not start thinking about the big picture, how to cover Americans broadly. I can remember standing on the floor of the Senate with the senior Senator from Massachusetts. People were saying: Well, this is nationalized health insurance. We were waving our Blue Cross-Blue Shield cards. It did not make any difference, once it was labeled that was it: dead on arrival. That was a tragedy and now is a particular tragedy with respect to children. So today we have almost 9 million children under the age of 18, and they still have absolutely no health insurance. How does one walk into this body, with the health insurance we have, with the people we represent, and allow a situation like that to continue? It is a profound moral issue. It takes the form of legislation, it takes the form of goodwill and determination, but it is a profound moral obligation of the richest country in the world. So I am strongly for this Baucus legislation. I think we have an obligation to adopt it. I hope we have the courage and the skill to do so. I thank the Presiding Officer and yield the floor.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, it is my pleasure today to join with my colleagues Senators Craig, Dorgan, Vitter, Klobuchar, Tester, Landrieu, Crapo, Baucus, and Cantwell to introduce the Railroad Competition and Service Improvement Act of 2007. This legislation stands for the very basic premise that businesses should serve their customers, and do so at reasonable rates. This essential concept of capitalism is what our economy is based upon. Those ideas, plus promoting competition and protecting consumers, were prime motivating factors when Congress in 1980 passed the Staggers Act. The Staggers Act provided a government agency--now the Surface Transportation Board (STB)--with the ability to prevent monopoly abuses of those shippers left ``captive'' to just one railroad, and to make sure that the railroads in competitive situations were able to operate in such a way that they could be profitable. Somewhere along the way the part of the STB mandate calling on the agency to protect shippers, and by extension consumers, has been ignored, or at least subsumed into the STB's fervor to see the railroads profitable. And profitable they are. What is important for my colleagues to recognize is that neither I nor any of my cosponsors want the railroads to fail. We want, and this country needs, a healthy freight rail industry. From coal to chemicals to plastics to forest products to grain and potatoes, America's shippers depend on the railroad industry to carry their products to customers across the country to keep our economy moving. What no member of Congress should want to see is a freight rail system dominated by four regional carriers whose business plans are based on bleeding their captive customers dry. Meanwhile, these companies invest none of their profits in infrastructure expansion to handle current traffic, much less the expected need in the decades to come. This is by no means the first time my colleagues have seen me introduce legislation in this vein. In fact, this is at least the eighth time that I have asked my colleagues to look into the problems in our freight rail network and to work with me to fix it. Businesses in my home State of West Virginia have been describing problems with the railroads to since before I came to the Senate in 1985. Like businesses anywhere, West Virginia industries depend on efficient and dependable rail service at fair prices to move their products to market. Well, what was a troubling situation 22 years ago for about 20 percent of rail shippers captive to the more than 40 Class I railroads then is a nightmare now for hundreds of companies in almost every industry and in virtually every part of the United States that are being underserved and overcharged by the five remaining Class I railroads. I have worked for years in a bipartisan and regionally diverse coalition of members of Congress to change a system that just is not working. Our goal is to improve the economic situation for rail shippers and retail shoppers. And, I hasten to add, we seek to strengthen and improve the economic vitality of the Class I railroads, as well. I am sure that my colleagues will hear from railroads that we are ``re-regulating.'' My colleagues should carefully review our bill and find where we would regulate anything that is not already regulated. This is, of course, the point. The railroads have touted the success of the deregulation, but what they fail to mention is that the Staggers Act never deregulated the railroads where shippers had no competitive transportation options. The railroads can have all the opinions about our legislation that they want, but they are not entitled to their own set of facts. What has happened while the railroads have consolidated and mischaracterized this effort on behalf of shippers? Shippers and end- use consumers have paid increasingly high prices for electricity, food, medicine, paper products; the chemicals to protect our water supply and crops, and the basic ingredients of the plastics in many of the goods we purchase. It was not supposed to be this way. In 1980, when Congress passed the Staggers Act, it was seeking to rescue the railroads from a burdensome and counterproductive regulatory scheme overseen by the Interstate Commerce Commission (ICC). In the decades leading up to passage of the Staggers Act the freight rail situation was bloated with unprofitable railroads forced to make un- economic choices regarding track, routes, and countless other business decisions. The Staggers Act was an attempt to let the marketplace create a more workable system. Where rail shippers were already captive to one railroad, the ICC was supposed to continue to protect shippers' rights and to require railroads to meet their responsibilities. As the marketplace evolved, the ICC, and its successor agency the STB, were supposed to make sure that railroad consolidation and industry policy did not harm rail customers. The only reason the railroads in 2007 can say that my colleagues and I are attempting to ``re-regulate'' them is that the regulatory agencies charged with regulating them all along largely have abdicated their responsibilities, and have been sadly ineffective on the rare occasion when they purport to be carrying out the part of their mission that includes maintaining the advantages of competition. To the extent that the Staggers Act has been successful in fulfilling its promise, that success has been completely one-sided. Railroads are no longer struggling to be profitable. Neither are they struggling to serve their customers. The STB, which should be working to make the system work, is more of a problem than it is a solution. The only parties still struggling are the shippers, and our bill is designed to make it a fair fight. The title of our bill, the Railroad Competition and Service Improvement Act, really says it all. Cosponsors of this legislation seek a freight rail system envisioned in the drafting of the Staggers Act. We hope to remind the STB of its responsibilities, and give its enforcement the teeth successive Chairmen have told Congress the Board needs. As I have said, this legislation is about making capitalism work for all parties in the freight rail marketplace, not just for the monopoly railroads. Shippers need Congress to remind the STB that good service at reasonable rates is not an outrageous demand. Congress must demand that shippers that ask for a rate quote are given one. Unbelievably, the STB's reading of the Staggers Act allows shippers no such right. In addition to that most basic right of business negotiations, our legislation would do the following: clarify and restate the STB's responsibility to shall promote competition among rail carriers, as well as requiring reasonable rates and dependable service in keeping with the railroads' common carrier obligation; remove so-called ``paper barriers,'' contractual restraints on short-line and regional railroads that prevent them from providing improved service to shippers; modify the rate challenge process, and implement real-world evidentiary standards and burden of proof requirements; authorize STB to require ``reciprocal switching,'' the transfer of traffic between railroads, where it is in the public interest; affirm the railroads' obligation to serve; cap filing fees for STB rate cases at the level of federal district courts; allow Governors to petition the STB for declarations of ``areas of inadequate rail competition,'' with appropriate remedies; create position of Rail Customer Advocate in the Department of Transportation; and establish a system of ``final offer'' arbitration for disputes over agriculture, forest product, and fertilizer shipments. Solutions to these problems are long overdue. I commend to my colleagues the Railroad Competition and Service Improvement Act as a set of common-sense solutions to unresolved problems that are putting American competitiveness at risk.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, today I am reintroducing America's Better Classroom Act, an essential initiative to respond to the overwhelming needs for school construction and renovations. I welcome the support of my colleagues, Senator Harkin, and Senator Kerry, who have been strong leaders on school construction and education policy. This bill is a wise investment in education and economic development; it creates jobs while we build and renovate our schools. The Department of Education reports that the average public school building is 42 years old. In 1995, GAO estimated that we needed $112 billion for school construction and renovations of the three-quarters of our schools that need funding to bring the buildings into good overall condition. A more recent survey in 2001 in the Journal of Education Finance indicates that the need is increasing, and the unmet need for school infrastructure over the next decade is over $200 billion. My State of West Virginia will need as much as $2 billion for school construction and renovations. Combine these statistics with the fact that there is a proven relation between the condition of school buildings and the performance of students, and it is not difficult to see that the state of our schools is entirely unacceptable. It is our responsibility to do all we can to remedy this situation. America's Better Classroom Act provides the financial tools to do this. It will continue the Qualified Zone Academy Bonding (QZAB) Program, which, in recent years, has provided $4.2 million for support of school construction and renovations in disadvantaged communities. This provision would provide $2.8 billion to continue and expand the successful QZAB Program. Effective programs deserve continued support. But the truth is that many school districts need help with school construction and renovations, but cannot qualify for the QZAB program. This is why the America's Better Classroom Act creates a $22 billion Qualified School Bonding Program. Funding will be allocated to the States based on the Title 1 formula so it is targeted, but the States will have flexibility in allocating support among school districts. When I visit schools in West Virginia, I am often stunned by the aging buildings and compelling needs. In our fast-growing Eastern Panhandle, new schools must be built or renovated to accommodate rapid population growth. In other parts of the State, older school buildings need renovations to be safe learning environments for our students. As technology plays an increasingly important role in education, classrooms need to be updated. States and communities need the America's Better Classroom Act so that we can make needed investments. School construction can play a positive role in helping to stimulate our economy and create needed jobs and is also an important investment in our children's education.

Mr. ROCKEFELLER

Mr. ROCKEFELLER. Mr. President, today I am reintroducing America's Better Classroom Act, an essential initiative to respond to the overwhelming needs for school construction and renovations. I welcome the support of my colleagues, Senator Harkin, and Senator Kerry, who have been strong leaders on school construction and education policy. This bill is a wise investment in education and economic development; it creates jobs while we build and renovate our schools. The Department of Education reports that the average public school building is 42 years old. In 1995, GAO estimated that we needed $112 billion for school construction and renovations of the three-quarters of our schools that need funding to bring the buildings into good overall condition. A more recent survey in 2001 in the Journal of Education Finance indicates that the need is increasing, and the unmet need for school infrastructure over the next decade is over $200 billion. My State of West Virginia will need as much as $2 billion for school construction and renovations. Combine these statistics with the fact that there is a proven relation between the condition of school buildings and the performance of students, and it is not difficult to see that the state of our schools is entirely unacceptable. It is our responsibility to do all we can to remedy this situation. America's Better Classroom Act provides the financial tools to do this. It will continue the Qualified Zone Academy Bonding (QZAB) Program, which, in recent years, has provided $4.2 million for support of school construction and renovations in disadvantaged communities. This provision would provide $2.8 billion to continue and expand the successful QZAB Program. Effective programs deserve continued support. But the truth is that many school districts need help with school construction and renovations, but cannot qualify for the QZAB program. This is why the America's Better Classroom Act creates a $22 billion Qualified School Bonding Program. Funding will be allocated to the States based on the Title 1 formula so it is targeted, but the States will have flexibility in allocating support among school districts. When I visit schools in West Virginia, I am often stunned by the aging buildings and compelling needs. In our fast-growing Eastern Panhandle, new schools must be built or renovated to accommodate rapid population growth. In other parts of the State, older school buildings need renovations to be safe learning environments for our students. As technology plays an increasingly important role in education, classrooms need to be updated. States and communities need the America's Better Classroom Act so that we can make needed investments. School construction can play a positive role in helping to stimulate our economy and create needed jobs and is also an important investment in our children's education.