[Congressional Record Volume 152, Number 48 (Thursday, April 27, 2006)]
[Senate]
[Pages S3761-S3764]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  RECONVENING THE PARLIAMENT OF NEPAL

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                        AMERICAN BALLET THEATRE

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                     CONGRATULATING CHARTER SCHOOLS

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                       HONORING MALCOLM P. McLEAN

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the en bloc consideration of S. Res. 451, S. Res. 452, S. 
Res. 453, and S. Res. 454, which are at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. Mr. President, I ask unanimous consent that the 
resolutions be agreed to, the preambles be agreed to, and the motions 
to reconsider be laid upon the table, all en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolutions were agreed to.
  The preambles were agreed to.
  The resolutions, with their preambles, read as follows:

                              S. Res. 451

       Whereas, in 1990, Nepal adopted a constitution that 
     enshrined multi-party democracy under a constitutional 
     monarchy, ending 3 decades of absolute monarchical rule;
       Whereas, since 1996, Maoist insurgents have waged a violent 
     campaign to replace the constitutional monarchy with a 
     communist republic, which has resulted in widespread human 
     rights violations by both sides and the loss of an estimated 
     12,000 lives;
       Whereas the Maoist insurgency grew out of the 
     radicalization and fragmentation of left wing parties 
     following Nepal's transition to democracy in 1990;
       Whereas, on June 1, 2001, King Birendra, Queen Aishwarya 
     and other members of the Royal family were murdered, leaving 
     the throne to the slain King's brother, the current King 
     Gyanendra;
       Whereas, in May 2002, in the face of increasing Maoist 
     violence, Prime Minister Sher Bahadur Deuba dissolved the 
     Parliament of Nepal;
       Whereas, in October 2002, King Gyanendra dismissed Prime 
     Minister Deuba;
       Whereas, in June 2004, after the unsuccessful tenures of 2 
     additional palace-appointed prime ministers, King Gyanendra 
     reappointed Prime Minister Deuba and mandated that he hold 
     general elections by April 2005;
       Whereas, on February 1, 2005, King Gyanendra accused Nepali 
     political leaders of failing to solve the Maoist problem, 
     seized absolute control of Nepal by dismissing and detaining 
     Prime Minister Deuba and declaring a state of emergency, 
     temporarily shut down Nepal's communications, detained 
     hundreds of politicians and political workers, and limited 
     press and other constitutional freedoms;
       Whereas, in November 2005, the mainstream political parties 
     formed a seven-party alliance with the Maoists and agreed to 
     a 12 point agenda that called for a restructuring of the 
     government of Nepal to include an end to absolute monarchical 
     rule and the formation of an interim all-party government 
     with a view to holding elections for a constituent assembly 
     to rewrite the Constitution of Nepal;
       Whereas, since February 2005, King Gyanendra has 
     promulgated dozens of ordinances without parliamentary 
     process that violate basic freedoms of expression and 
     association, including the Election Code of Conduct that 
     seeks to limit media freedom in covering elections and the 
     Code of Conduct for Social Organizations that bars staff of 
     nongovernmental organizations from having political 
     affiliations;
       Whereas King Gyanendra ordered the arrest of hundreds of 
     political workers in January 2006 before holding municipal 
     elections on February 8, 2006, which the Department of State 
     characterized as ``a hollow attempt by the King to legitimize 
     his power'';
       Whereas the people of Nepal have been peacefully protesting 
     since April 6, 2006, in an attempt to restore the democratic 
     political process;
       Whereas on April 10, 2006, the Department of State declared 
     that King Gyanendra's February 2005 decision ``to impose 
     direct palace rule in Nepal has failed in every regard'' and 
     called on the King to restore democracy immediately and to 
     begin a dialogue with Nepal's political parties;
       Whereas King Gyanendra ordered a crackdown on the protests, 
     which has left at least 14 Nepali citizens dead and hundreds 
     injured by the security forces of Nepal;
       Whereas the people of Nepal are suffering hardship due to 
     food shortages and lack of sufficient medical care because of 
     the prevailing political crisis;
       Whereas King Gyanendra announced on April 21, 2006, that 
     the executive power of Nepal shall be returned to the people 
     and called on the seven-party alliance to name a new prime 
     minister to govern the country in accordance with the 1990 
     Constitution of Nepal;
       Whereas the seven-party alliance subsequently rejected King 
     Gyanendra's April 21, 2006 statement and called on him to 
     reinstate parliament and allow for the establishment of a 
     constituent assembly to draw up a new constitution;
       Whereas on April 24, 2006, King Gyanendra announced that he 
     would reinstate the Parliament of Nepal on April 28, 2006, 
     and apologized for the deaths and injuries that occurred 
     during the recent demonstrations, but did not address the 
     issue of constitutional revision;
       Whereas political party leaders have welcomed King 
     Gyanendra's April 24th announcement and stated that the first 
     action of the reconvened parliament will be the scheduling of 
     elections for a constituent assembly to redraft the 
     Constitution of Nepal.
       Now, therefore, be it
       Resolved, That the Senate--
       (1) expresses its support for the reconvening of the 
     Parliament of Nepal and for an immediate, peaceful transition 
     to democracy;
       (2) commends the desire of the people of Nepal for a 
     democratic system of government and expresses its support for 
     their right to protest peacefully in pursuit of this goal;
       (3) acknowledges the April 24, 2006 statement by King 
     Gyanendra regarding his intent to reinstate the Parliament of 
     Nepal;
       (4) urges the Palace, the political parties, and the 
     Maoists to immediately support a process that returns the 
     country to multi-party democracy and creates the conditions 
     for peace and stability in Nepal;
       (5) declares that the transition to democracy in Nepal must 
     be peaceful and that violence conducted by any party is 
     unacceptable and risks sending Nepal into a state of anarchy;
       (6) calls on security forces of Nepal to exercise maximum 
     restraint and to uphold the highest standards of conduct in 
     their response to the protests;
       (7) urges the immediate release of all political detainees 
     and the restoration of full civilian and political rights, 
     including freedom of association, expression, and assembly;
       (8) urges the Maoists to lay down their arms and to pursue 
     their goals through participation in a peaceful political 
     process; and
       (9) calls on the Government of the United States to work 
     closely with other governments, including the governments of 
     India, China, the United Kingdom, and the European Union, and 
     with the United Nations to ensure a common and coherent 
     international approach that helps to bring about an immediate 
     peaceful transition to democracy and to end the violent 
     insurgency in Nepal.

[[Page S3762]]

                              S. Res. 452

       Whereas American Ballet Theatre (known as ``ABT'') is 
     recognized as one of the world's great dance companies;
       Whereas ABT is dedicated to bringing dance to the United 
     States and dance of the United States to the world;
       Whereas, over its 65-year history, ABT has appeared in all 
     50 States of the United States, in a total of 126 cities, and 
     has performed for more than 600,000 people annually;
       Whereas ABT has performed in 42 countries as perhaps the 
     most representative ballet company of the United States, with 
     many of those engagements sponsored by the Department of 
     State;
       Whereas ABT has been home to the world's most accomplished 
     dancers and has commissioned works by all of the great 
     choreographic geniuses of the 20th century;
       Whereas President Dwight D. Eisenhower recognized ABT's 
     ability to convey through the medium of ballet ``some measure 
     of understanding of America's cultural environment and 
     inspiration'';
       Whereas over the years ABT has performed repeatedly at the 
     White House, most recently in December 2005;
       Whereas ABT is committed to bringing dance to a broad 
     audience and provides exposure to dance to more than 20,000 
     underprivileged children and their families each year;
       Whereas ABT's award-winning Make a Ballet program and its 
     other outreach initiatives help to meet the need for arts 
     education in underserved schools and communities;
       Whereas ABT's Studio Company brings world class ballet to 
     smaller communities like--
       (1) Rochester, New York;
       (2) Stamford, Connecticut;
       (3) Sanibel, Florida;
       (4) South Hadley, Massachusetts; and
       (5) Winston-Salem, North Carolina; and
       Whereas the Jacqueline Kennedy Onassis School at ABT and 
     the ABT's other artistic development initiatives provide the 
     highest quality training consistent with the professional 
     standards of ABT: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes and commends the American Ballet Theatre for 
     over 65 years of service as ``America's National Ballet 
     Company'', during which it has provided world class art to 
     audiences in all 50 States;
       (2) recognizes that the American Ballet Theatre also serves 
     as a true cultural ambassador for the United States, by 
     having performed in 42 countries and fulfilling its 
     reputation as one of the world's most revered and innovative 
     dance companies; and
       (3) recognizes that the American Ballet Theatre's extensive 
     and innovative education, outreach, and artistic development 
     programs both train future generations of great dancers and 
     expose students to the arts.

                              S. Res. 453

       Whereas charter schools deliver high-quality education and 
     challenge our students to reach their potential;
       Whereas charter schools provide thousands of families with 
     diverse and innovative educational options for their 
     children;
       Whereas charter schools are public schools authorized by a 
     designated public entity that are responding to the needs of 
     our communities, families, and students and promoting the 
     principles of quality, choice, and innovation;
       Whereas in exchange for the flexibility and autonomy given 
     to charter schools, they are held accountable by their 
     sponsors for improving student achievement and for their 
     financial and other operations;
       Whereas 40 States and the District of Columbia have passed 
     laws authorizing charter schools;
       Whereas more than 3,600 charter schools are now operating 
     in 40 States and the District of Columbia, serving more than 
     1,000,000 students;
       Whereas over the last 12 years, Congress has provided 
     nearly $1,775,000,000 in support to the charter school 
     movement through facilities financing assistance and grants 
     for planning, startup, implementation, and dissemination;
       Whereas charter schools improve their students' achievement 
     and stimulate improvement in traditional public schools;
       Whereas charter schools must meet the student achievement 
     accountability requirements under the Elementary and 
     Secondary Education Act of 1965 in the same manner as 
     traditional public schools, and often set higher and 
     additional individual goals to ensure that they are of high 
     quality and truly accountable to the public;
       Whereas charter schools give parents new freedom to choose 
     their public school, routinely measure parental satisfaction 
     levels, and must prove their ongoing success to parents, 
     policymakers, and their communities;
       Whereas nearly 56 percent of charter schools report having 
     a waiting list, and the total number of students on all such 
     waiting lists is enough to fill over 1,100 average-sized 
     charter schools;
       Whereas charter schools nationwide serve a higher 
     percentage of low-income and minority students than the 
     traditional public system;
       Whereas charter schools have enjoyed broad bipartisan 
     support from the Administration, Congress, State Governors 
     and legislatures, educators, and parents across the United 
     States; and
       Whereas the seventh annual National Charter Schools Week, 
     to be held May 1 through 6, 2006, is an event sponsored by 
     charter schools and grassroots charter school organizations 
     across the United States to recognize the significant 
     impacts, achievements, and innovations of charter schools: 
     Now, therefore, be it
       Resolved, That--
       (1) the Senate acknowledges and commends charter schools 
     and their students, parents, teachers, and administrators 
     across the United States for their ongoing contributions to 
     education and improving and strengthening our public school 
     system;
       (2) the Senate supports the seventh annual National Charter 
     Schools Week; and
       (3) it is the sense of the Senate that the people of the 
     United States should conduct appropriate programs, 
     ceremonies, and activities to demonstrate support for charter 
     schools during this week long celebration in communities 
     throughout the United States.

                              S. Res. 454

       Whereas Malcom P. McLean is widely recognized as the father 
     of containerization;
       Whereas the innovative idea of using intermodal containers 
     suitable for rail, truck, and maritime transportation 
     revolutionized and streamlined the process of shipping goods, 
     allowed products to be moved to the market more quickly, and 
     reduced prices for consumers;
       Whereas the use of containerization in shipping practices 
     enabled the United States to increase international trade by 
     modernizing and globalizing the economy of the United States;
       Whereas Mr. McLean launched numerous successful 
     transportation businesses that were located in the Port of 
     Newark, New Jersey, including--
       (1) the Pan-Atlantic Steamship Company; and
       (2) Sea-Land Service Incorporated;
       Whereas those businesses were crucial to the growth of 
     shipping and industry in New Jersey;
       Whereas the innovations of Mr. McLean have enabled 
     businesses to create thousands of jobs that provide liveable 
     wages for the citizens of New Jersey and other citizens of 
     the United States;
       Whereas, on April 26, 1956, the first ship loaded with 
     goods to be transported from the United States in intermodal 
     containers, the Ideal X, set sail from Port Newark under the 
     direction of Mr. McLean;
       Whereas 2006 marks the 50th anniversary of that historic 
     event;
       Whereas the Containerization and Intermodal Institute in 
     Holmdel, New Jersey, has planned activities to commemorate 
     that occasion; and
       Whereas Mr. McLean was a transportation pioneer whose 
     remarkable achievements are worthy of recognition and 
     commemoration: Now, therefore, be it
       Resolved, That the Senate--
       (1) celebrates the remarkable contributions of Malcom P. 
     McLean to the development of a new era of trade and commerce 
     in the United States through the containerization of cargo;
       (2) honors the 50th anniversary of containerization, and 
     recognizes the crucial role that containerization has played 
     in the modernization of--
       (A) shipping practices; and
       (B) the economy of the United States; and
       (3) encourages all citizens to promote and participate in 
     celebratory activities that commemorate that landmark 
     anniversary.
  Mr. ALEXANDER. Mr. President, I am pleased that today the Senate 
passed a resolution to designate the week of May 1 through May 6, 2006 
as National Charter Schools Week. I was joined in offering this 
resolution by Senators Lieberman, Gregg, Frist, Carper, Vitter, 
Landrieu, Burr, Coleman, Allard, DeMint, and Martinez.
  One of my last official acts as U.S. Secretary of Education in 1992 
was to write a letter to every school superintendent in America urging 
them to create charter schools. That year, the Nation's first charter 
school had opened its doors in St. Paul, Minnesota. I saw charter 
schools as ways to remove burdensome rules, regulations, and overhead 
so that teachers could have more opportunities to use their good 
judgment to help children and so parents could have more choices of 
schools. This was the time when General Motors' newest automobile plant 
was a start-from-scratch facility making Saturn cars. Al Shanker, the 
late president of the American Federation of Teachers, said then, ``If 
we can have a Saturn plant, why not a Saturn school?'' A lot of 
educators agreed.
  Today, there are over 3,600 charter schools serving more than 1 
million students in 40 states and the District of Columbia. Over half 
of these schools report having waiting lists, and there are enough 
students on these waiting lists to fill another 1,100 average-sized 
charter schools.
  Charter schools play a unique role in public education by offering 
students a variety of options to meet their different learning needs 
and styles. They

[[Page S3763]]

vary in specific mission and focus, but not in their commitment to 
excellence and preparing students to succeed. In return for autonomy 
and freedom from burdensome regulations and policies, they accept 
strict accountability for academic and fiscal success. If charter 
schools fail to educate their students well and meet the goals of their 
charters, they are closed.
  Charter schools are raising student achievement. Research shows that 
charter school students are more likely to be proficient in reading and 
math than students in neighboring traditional schools, and that the 
greatest achievement gains can be seen among African American, 
Hispanic, and low-income students. Research also shows that the longer 
charter schools have been in operation, the more they outdistance 
traditional schools in student performance.
  It is worth noting that not all charter schools are high-quality, and 
not all are outperforming traditional public schools. But charter 
schools whose students don't perform academically will close--as they 
should. It is also worth noting the impact charter schools are having 
on their neighboring traditional public schools. Districts with a large 
number of charter schools have reported that they are increasing 
interaction with parents and creating new education programs, many of 
which are similar to those offered by charter schools. These 
improvements benefit all our students, not just those who choose 
charter schools.
  I am pleased that twelve charter schools have opened in Tennessee 
since passage of the State's charter school law in 2002. Ten of these 
charter schools are located in Memphis, where they enjoy critical 
support from local school officials, dedicated private partners, and 
philanthropic organizations.
  Options for Memphis students range from programs for elementary 
students that stress mastery of reading, math, and foreign language 
skills to middle schools focused on health sciences and business. High 
school options include charter schools that emphasize science, liberal 
arts, or visual and performing arts.
  I had an opportunity to visit one of these outstanding charter 
schools, the Memphis Academy of Science and Engineering (MASE), which 
was the first charter school established in Tennessee. MASE provides an 
academically challenging program to prepare at-risk students for 
college through an intensive math, science, engineering, and technology 
curriculum in grades 7-9, including the first ninth grade AP Biology 
class in the state. The school was established as an innovative public/
private initiative aimed not only at training a well-educated workforce 
for the city's rapidly growing bioscience industry, but also helping 
students excel in a technology-based environment, regardless of the 
career path they choose.
  I am impressed by the school's clear record of achievement results. 
By the end of eighth grade, MASE students--who were failing or at risk 
of failing in their previous schools--more than doubled their pass 
rates on State reading, math and science tests compared to their 
achievement in sixth grade prior to entering MASE. Last year, MASE was 
the second highest performing school--public or charter--in Memphis, 
and a University of Memphis study found that MASE seventh graders 
scored better on the state math assessment than similar students in 
public schools.
  Unfortunately, Tennessee's highly restrictive charter school law does 
not create the conditions that would enable more students to benefit 
from attending schools like MASE. The law received a grade of C in a 
recent Center for Education Reform study, which found that higher 
student achievement and higher-quality, more viable charter schools are 
found in States with stronger charter school laws.
  Strong laws grant the power to approve charter schools to more than 
one entity, including local school boards, State education agencies, 
colleges and universities, and non-profit organizations. Strong laws 
also grant greater freedom and independence to charter schools, 
guarantee full per-pupil funding, and do not restrict the number of 
schools that may open or students who may enroll.
  States should take the opportunity during National Charter Schools 
Week to examine their statutes and ensure that they create the 
conditions necessary to allow high-quality charter schools, and thereby 
options for students, to flourish.
  Charter schools are also a key element of the education revival 
taking place in New Orleans, where Hurricane Katrina dealt a 
devastating blow to a school system already plagued by low achievement 
and corruption. The city has a truly historic opportunity to transform 
its education system into a network of high-performing charter schools 
that could serve as a model for urban education in the rest of the 
Nation.
  So far, 25 of 117 public schools have reopened in New Orleans. 70 
percent of these schools are charter schools managed by the Recovery 
School District, the Orleans Parish School Board, or the State Board of 
Education.
  New Orleans officials are working diligently to open more schools to 
serve students as they return to the city. They have been assisted by a 
$21 million Federal Charter Schools Program grant, which helped reopen 
charter schools damaged by the hurricanes, create new charter schools, 
and expand existing charter schools to accommodate displaced students. 
I am encouraged that Louisiana continues to receive applications to 
open charter schools in New Orleans, but more work needs to be done to 
ready facilities for approved schools to accommodate the substantial 
student enrollment projected for this fall.
  Charter schools in other parts of the country also leapt into action 
to serve students impacted by Katrina. After the hurricane, the high-
performing Knowledge is Power Program (KIPP), in partnership with the 
Houston Independent School District and Teach For America, exhibited 
extraordinary leadership by quickly opening a new charter school in 
Houston--New Orleans West College Prep--to serve over 300 students in 
grades K-8 displaced by Hurricane Katrina.
  According to KIPP co-founder Mike Feinberg, ``When there's a problem, 
we at KIPP roll up our sleeves and look for a solution. Together with 
the [Houston Independent] District and Teach For America, we hope to 
provide students not only with a safe haven, but also with a rigorous 
academic environment. Even if they are not at home, these students will 
receive a top-notch education with caring, committed teachers.'' Mr. 
Feinberg's comments exemplify the attitude that motivates so many in 
the charter school community--that of doing whatever it takes to get 
the job done.
  I expect that we will see charter schools continue to expand across 
the Nation as word of their success spreads. Four years ago, the 
President signed into law the No Child Left Behind Act, which contains 
several programs that support charter school development, and provides 
school districts with the option of converting low-performing schools 
into charter schools. As we prepare to reauthorize No Child Left 
Behind, we'll take a close look at how these programs are performing to 
ensure that the Federal Government is doing everything it can to help 
create and sustain viable, high-achieving charter schools.
  I commend the charter school students, parents, teachers, community 
leaders and others who, working together, are helping transform our 
system of public education. I encourage my colleagues to visit a 
charter school during National Charter Schools Week to witness 
firsthand the ways in which these innovative schools are making a 
difference in students' lives and in their communities.
  Mr. LAUTENBERG. Mr. President, I rise in support of S. Res 454 
honoring a true transportation pioneer, Malcom McLean. His use of the 
intermodal shipping container--first used successfully in the United 
States 50 years ago yesterday--streamlined the shipping process and set 
the stage for our modem globalized economy through containerization.
  Before the age of containerization, shipping raw materials and 
consumer goods was an extremely arduous process; to transfer goods from 
a ship to a train, or from a train to a truck, the merchandise first 
needed to be unloaded, sorted, and reloaded. As a truck driver in 1937, 
Malcom McLean realized that the goods could be shipped more cheaply, 
efficiently, and quickly if they didn't need to be unloaded and re-

[[Page S3764]]

loaded into different shipping containers on each leg of a trip. He 
invented a type of container that was durable and versatile enough to 
be attached to a train, loaded onto a tractor-trailer, and secured to 
the deck of a ship; the revolutionary idea created efficiencies in the 
process by making loading and un-loading at each step of the intermodal 
shipping process obsolete.
  Mr. President, yesterday marked the 50th anniversary of the Ideal X 
setting sail from Port Newark, in my home State of New Jersey, and 
bound for Houston, TX. This historic trip marked the first successful 
implementation of Malcom McLean's grand idea: it was the first time a 
ship left U.S. loaded with intermodal containers, 58 in total. Putting 
these containers on ships allowed for great cost savings in shipping--
as much as 25 percent or more--and the triumphant voyage of the Ideal X 
signaled that the exciting new method was indeed practical and 
worthwhile.
  It is nearly impossible to overstate the importance of his 
innovation. If you enjoy consumer products imported from overseas, or 
from distant areas of our own country, you can credit Malcom McLean's 
revolutionary idea for making them more affordable. If you enjoy fresh 
produce or baked goods from your local grocery store, thank McLean's 
innovation for bringing them to market more quickly. Container
ization surely has made the world a smaller place by allowing goods 
from all over the world arrive at their destinations more cheaply and 
more quickly, and our standard of living in America has improved 
markedly in the process.
  Before I was elected to the Senate, I served as commissioner of the 
Port Authority of New York and New Jersey from 1978 until 1982. I had 
the opportunity to get to know Malcom McLean, a singularly focused man, 
who was successful in nearly all of his pursuits because of his strong 
work ethic and unmatched talent for innovation. While Mr. McLean passed 
away in 2001, his legacy lives on through his widow Irena McLean and 
his family, and through his lasting contributions to industry in New 
Jersey, the United States, and the entire world.
  I encourage he Senate to adopt this resolution and honor a great 
American.

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