Nancy Kassebaum

Mrs. KASSEBAUM

Mrs. KASSEBAUM. Mr. President, I would like to yield 15 minutes to the Senator from Missouri.

Mrs. KASSEBAUM. I would be happy to yield to the Senator from Utah.

Mrs. KASSEBAUM. Mr. President, I yield as much time as the Senator from Utah would like to have.

Mrs. KASSEBAUM. Mr. President, I rise in opposition to the Employment Nondiscrimination Act and would like to take just a few moments to explain my opposition to this and my concerns. Let me say at the outset, I do not think there is a Senator in the entire body of the U.S. Senate who condones discrimination of any kind that is based on unreasonable and unfounded prejudice. I think that is a given. How we address that discrimination is another matter, and it is one that we have debated many times through the years on various facets of discrimination. I still recall the compelling testimony that was presented in the Labor Committee on this issue in the last Congress when we held a hearing. Nonetheless, we may still disagree on the best means of achieving our desired goal. Prejudice and discrimination can be fought in many different ways. Education and awareness are important means of eliminating prejudice, and so is the effort of individuals to lead by way of example. Many employers, though certainly not all--and the ranking member of the Labor and Human Resources Committee, Senator Kennedy, pointed out a number of businesses--have led the way by example. I salute those businesses that have already based their employment decisions not on the employee's personal life or preferences but on the merits and abilities of the individual to perform the job. I share this view, but I do not believe, as I have said before, that we will promote greater tolerance in the workplace by relying on more lawsuits and litigation as this bill would require. True, this is not sweeping legislation as, again, Senator Kennedy pointed out. It is a version of the original bill that I think addresses some of the concerns that were originally raised. I agree that discrimination does exist. However, our courts are already clogged with cases which many times only lead to more divisiveness and disruption in the workplace. Relying on our legal system to resolve our differences can be not only counterproductive but fraught with unintended consequences as well. For this reason, Mr. President, I oppose the legislation before us. I know there are those who will argue that education and outreach efforts are not enough. Supporters of this bill will argue that the law must have ``teeth,'' that is, punishment for those who discriminate if it is ever to be effective. I might be more inclined to agree if the remedy or punishment for violating the law were merely reinstatement of one's job or simply back pay, as the original Civil Rights Act of 1964 provided. But this legislation provides for compensatory and punitive damages as well. I opposed the expansion of remedies under title VII of the Civil Rights Act for that very reason, and I oppose it in this case as well. I believe compensatory and punitive damages will only further encourage division and protracted lawsuits when the intent, as I see it, is to encourage the parties--employers and employees--to get along. I wish that we did not have to address this by these types of remedies. We all wish there was an environment in which, as Senator Goldwater said in his statement quoted by Senator Kennedy, everyone could be judged on their ability to perform their job with equal merit and equal recognition. I do not believe that this bill is the answer, because I feel we have involved ourselves far too much in a litigious environment in our workplace today, which destroys the very kind of efforts that we are trying to address in nondiscrimination with the legislation that is before us today. I yield the floor, Mr. President.

Mrs. KASSEBAUM

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

Mrs. KASSEBAUM

Mrs. KASSEBAUM. Mr. President, as an original cosponsor of the legislation before us, I would like to say how pleased I am that we are ready now to vote on what I think is a very important and useful piece of legislation. I have been proud to work with Senator Bradley and Senator Frist, and I appreciate the efforts of those who have offered some very constructive improvements in the language that have helped to clarify some concerns that existed. I have visited maternity floors at a number of hospitals. I must tell you, I think this amendment will provide an increased sense of security, particularly to first-time mothers, who will now feel that they can remain in the hospital a bit longer if necessary. Some will ask, ``Why not even longer?'' Well, how do we know the correct length of stay in each situation? This should be decided on an individual basis. But we do know that even an additional 24 hours is going to make a difference. For some, it will make a big difference--where there is no family available to offer support when they come home and, particularly, as I mentioned, with first-time mothers, where there is uncertainty about what lies ahead. I say thank you to all who have spent a great deal of time and effort on this amendment. It is a very constructive and beneficial piece of legislation. I yield the floor and suggest the absence of a quorum.

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

Mrs. KASSEBAUM

Mrs. KASSEBAUM. Mr. President, the Honorable Edward W. Brooke, our distinguished former colleague from Massachusetts, recently delivered an outstanding speech entitled ``Ready for the World'' at the First Alpha Scholarship Forum in New Orleans. His remarks were befitting of the inaugural Charles H. Wesley Memorial Lecture. Mr. President, I trust that our colleagues will benefit from Senator Brooke's thoughtful remarks as I have, and I ask that the text of his speech be printed in the Congressional Record. The speech follows: Ready for the World (By Brother Edward W. Brooke) 1. wesley's example and legacy Dear Brothers and guests, I cannot tell you how privileged, honored and humbled I feel to have been chosen by our General President, Brother Milton C. Davis, to deliver this First Charles H. Wesley National Lecture. When I was initiated into Alpha Phi Alpha nearly six decades ago, Dr. Wesley was our General President. I came to love him and admire him. He was my brother, my leader, my teacher and my friend. I have never stopped trying to follow his example and, God willing, I never shall. Let me take a few minutes to remind all of you just who Brother Dr. Charles H. Wesley was and why his is a name, and why his was a life, that you should always remember. Brother Dr. Wesley was born nearly 105 years ago and lived some 95 years. He graduated from Fisk, where he had been a star student, athlete and singer, and entered graduate school at Yale at age 19. He was the fourth African American to earn a Ph.D. at Harvard. He traveled and studied in Europe. He taught history at Howard University and rose through the ranks to become Dean of Liberal Arts and Dean of the Graduate School. As a scholar, he published 12 books and 125 articles. He served as president of Wilberforce College and of Central State University in Ohio. He was an ordained minister in the African Methodist Episcopal Church. He wrote the history of our fraternity and served as its General President for nine critical years between 1931 and 1940. He served as president of the Association for the Study of Afro-American Life and History for 15 years. But, in his own words, he gave his best to Alpha. And we should be thankful that he did. There is more to know about Brother Wesley, however. First, he was a loving and caring husband and father. Second, despite his considerable talents and accomplishments, there was no arrogance about him. If at times he was first of all, he was, nevertheless, always a servant of all. ``One's attainments,'' he said, ``can serve as object lessons for others. There is no need to draw attention to them.'' Third, he believed, correctly, that notions of racial superiority and inferiority explain very little, if anything, in human history. Fourth, instead of talking about what America owed black people, he talked about what America owes itself and all of its people, and about what black people owe themselves. Fifth, his interests and his horizons were never limited by the waters which separate North America from the rest of the world. His concern and his love were for all mankind. Sixth, he made the nurturing of young people an integral part of his life. And, to his everlasting credit, he never turned a deaf ear to any call to duty. So perhaps you can understand why I feel compelled to say today that Brother Dr. Charles H. Wesley--scholar, athlete, teacher, musician, preacher; and Alpha man--was as American as they come. He knew the truth of that, even if most Americans didn't. And instead of giving up on, or giving in to, Americans who would deny his American-ness, he stood up for America and worked as hard as he could to make America own up to what it says it stands for. With the kindness and courtesy of Dr. Wesley's accomplished daughter, Mrs. Charlotte Wesley Holloman, I have been privileged to read some of Brother Wesley's papers and original drafts of speeches. In the one which he delivered in Charleston, South Carolina, in 1977--the 201st year of American independence and the 71st year of alpha history--I found a message which gives meaningful insight into Charles H. Wesley, the man and philosopher. And I want you the hear his thoughts and his words as he delivered them to Alpha men there assembled. He said: ``It has become very necessary that thinking should be used in all our individual endeavors, for it is one of the powerful forces operating in our lives. America was built by its thinkers both in 1776 and subsequently as a great nation in 1976, and the method of this achievement and our own have been indicated very cogently in his familiar statement: Back of the hammers beating, By which the steel is wrought Back of the workshop's clamor The seeker may find the thought. The thought that ever is master Of iron, of steam and steel That rises above disaster And tramples it under its heel. Back of the motor's humming Back of the cranes that swing Back of the hammers drumming Back of the belts that sing. There is an eye that scans them Watching through stress and through strain There is a mind that plans them Back of the brawn the brain. ``In the long run,'' Brother Wesley continued, ``whether it is in 1776 of 1976, the world is in the keeping of its idealists. . . . It is in the hands of men and women who with revolutionary impatience walk the lanes of the villages, with their feet on the ground opposing unjust laws with a song on their lips and with their hearts in the stars. . . . Such a one is never defeated until he gives up within. . . .'' This is Brother Wesley's legacy and our inheritance. Our duty today is to pick up where he left off and to stay the course in to the next century and the next millennium. 2. the moment There could hardly be a more appropriate moment than this one--with the dusk of the twentieth century descending upon the global village and the dawn of the Third Millennium hovering somewhere just beyond the horizon--to pause and consider the state of this world and our place and our possibilities in it. Regrettably, both the world and our place in it are in many respects in a perilous state. Our is called a new age. The Cold War is over. The Soviet Union no longer exists. Totalitarianism, Marxism and socialism are in full retreat. Capitalism, democracy and freedom are everywhere the rage. Feedom is something about which we African Americans know a great deal. We know what it's like to be deprived of it, to hunger and thirst for it, to fight and die for it, even though the Creator never intended for men and women to be either slaves or masters. As the 18th century English poet William Cowper wrote: They found them slaves: But who that title gave? The God of Nature never formed a slave! Though pride or force may acquire a master's name Nature and justice must remain the same; Nature imparts upon whate'er we see That has a heart and life in it--be free! And so, here in the age of freedom and democracy, we ought--all things being equal--to be dancing in the streets and on the crumbling walls of political, economic and cultural oppression. But, for many, things seem to have gone terribly awry; everything new seems old again. In so many places and situations, we and many of our brothers and sisters in the human race find ourselves in an all-too-familiar situation: marginalized--excluded from the fun if not the games; victimized by poverty, politics, disease, famine, war, corruption, indifference, malign neglect and outright bigotry. Major challenges confront us. But, as we know, challenges offer opportunities. And so there are, today, even in our relatively small sector of this world, abundant opportunities for us to demonstrate not just our loyalty and devotion to our country but also, as all Alphas are sworn, our love for all mankind. So let us not fail to find inspiration in the many beacons of hope in the world and in our country. In South Africa, President Mandela and the African National Congress have not only taken command of the ship of state; they have skillfully guided it toward the open seas where the economic and social possibilities seem limitless. Even in poor Haiti hope is alive. And here in the United States, a million black men, including many Alpha brothers, marched in support of individual and parental responsibility. Nor should we fail to recognize our dear sister, the highly motivated Marian Wright Edelman, who only recently led her own march on Washington on behalf of this nation's children, and who has made it clear that she will never stop fighting for our young people-- black, brown, yellow, red or white--who, after all, our most precious natural resource and the link between our past and our future. 3. america's missions Of course, the United States has its troubles; but is still a special and sometimes wondrous place. Over the centuries many people have believed, and many still believe today, that Almighty God provided for the establishment of the United States--a new nation in a new world--to give man and woman an opportunity nearly unique in history to experience, and on the basis of that experience to cherish, peace, freedom, justice and brotherhood on Earth. So far, that vision--whether it is God's or man's, whether it is legitimate or not--has not been fully realized. America has not yet lived up to its promise. But if we take the long view of history, we can see that the United States has served for more than two centuries as a shining example to many millions of people around the world, and has grappled successfully with certain enormous challenges both at home and abroad. In the 19th century, for example, Americans had no choice but to decide once and for all whether human slavery had a legitimate place in the Republic. In 1858, Abraham Lincoln said, ``A house divided against itself cannot endure permanently, half slave and half free * * * I expect it will cease to be divided. It will,'' he said, ``become all one thing, or all the other.'' And after a terribly bloody and destructive civil war, the United States emerged as a country in which slavery had no place--even if, tragically, de jure as well as de facto racism did. Freed from the albatross of slavery, the United States enjoyed in the last quarter of the 19th century rapid economic growth and political as well as economic expansion into the larger world. And before long it became impossible for America's leaders to continue to heed George Washington's advice to avoid foreign entanglements. Indeed, by 1916, the midpoint of the First World War, it could no longer be argued that American security and freedom were somehow separate from western Europe's. As he dispatched American forces to the war ``over there,'' President Woodrow Wilson spoke of the imperative to make the world, not just the United States, safe from would-be global emperors. At no time since then has this country been able to remain aloof from international politics without exposing itself, not to mention its brothers, cousins and friends, to powerful and sometimes ruthless antagonists who wish them, and us, ill. This reality became indisputable when, during our isolationist period, would-be emperors of the world came into power in Germany, Italy and Japan and undertook to conquer, subjugate or intimidate those who dared to resist them. Only massive and sustained, if somewhat belated, intervention by the United States prevented those tyrants from achieving most if not all of their aims. After the Second World War, yet another imperial threat emerged in the form of our former ally against the Axis powers, namely Josef Stalin's Soviet Union. I need not recount here today the details of the half-century-long Cold War fought by American presidents from Truman to Reagan. But I must say that prevailing in that struggle, as well as the Second and First World Wars, was indeed an essential component of America's mission in the 20th century. And to all those--and I am proud to be one of them--whose efforts and sacrifices made it possible for us to live in a world over which no would-be emperor's shadow falls, we should be thankful. As you recall, there was another tyrant who was overthrown during this century. He went by the name of Jim Crow. And under his authority millions of African Americans, and many white Americans, were deprived of their most basic civil and human rights. But since 1954 segregation has been illegal in America. And to all those whose efforts and sacrifices made it possible for us to live in a land in which no ``whites only'' sign can legally be erected, we should be thankful. Now, I do not want to give the impression that I believe for a moment that all of the national and international atrocities served up by the 19th and 20th centuries have been completely or even satisfactorily eliminated. I do not, and you should not. However, some of the most horrendous of them have been, and for that we should be thankful. We know, of course that the 21st century will serve up horrors of its own; and although we are confident that good and capable men and women will rise up to grapple with them, we can afford to be neither complacent nor mentally unprepared. Quite the contrary; we should, and must, be alert; we must be ready for the world. And that means having principles, if not a plan, to guide us. I believe we need look no further for ideals upon which to base our actions than the precepts of our fraternity and the examples set by Brother Wesley and so many other distinguished Alpha men over these last ninety years. I refer specifically to manly deeds, scholarship and, especially, love for all mankind, with special emphasis on ``all.'' It was Brother Martin Luther King, Jr.'s dream that one day this nation would rise up and live out the true meaning of its creed--``that all men are created equal''. And, lest we be tempted to reserve our love only for those who are easy to love, let us not forget that Jesus Christ said, ``Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me.'' 4. what you can do and where you can start Just as we do not have to look any farther than to our beloved and renowned Alpha to find precepts and principles on which to base our actions, neither, unfortunately, do we have to look any farther than down the street or across town to find tragic conditions that cry out for human attention, ingenuity and love. but on top of that, television and the other mass media bring into our homes on a daily basis stories of untold suffering and dehumanization--much of it done to, and even by, people of color. These stories tug at our heartstrings and, too, cry out for human attention, ingenuity and love. Caught between the local and the global, between what's happening over there and what's happening over here, we may be tempted to focus on one and ignore the other, or simply to pretend to see neither. But I believe, and I pray that you will come to share my belief--if you don't already--that there is only one race, only one place, and only one God who made them both. I pray, too, that if you do come to share my belief, then you will accept, if you have not already accepted, some measure of responsibility, no matter how small, for bringing to bear, on the afflictions which burden humankind and our planetary home, whatever attention, ingenuity and love you can muster. Now, some of you may be wondering what you can do and where you can start. The best answer is that you should do what you feel you reasonably can, given your talents and resources; and you should start wherever your interests and your concern lead you. Allow me, if you will, to share with you some of my thoughts about some of the issues that the American people and our government, among others around the world, should be thinking about and acting on. It seems to me that we face three kinds of problems: Those that are traceable to, and best addressed by, individuals in their personal, family and community lives; Those that are traceable to, and best addressed, by private industry; and Those that are traceable to, and best addressed by, governments. Concerning problems which I think of as being attributable and amenable mainly to the action or the inaction of individuals in their personal, family and community lives, Ten Deadly Sins, as I have labeled them, come to mine. First, there is child abuse in all its forms, including neglect and physical, psychological and sexual abuse; Second, there is the abuse and misuse of alcohol and other drugs, both legal and illegal; Third, there is domestic violence, which takes place behind the closed doors of too many homes; Fourth, there is gang violence, often related to the marketing of illegal drugs. Let me say that I include in my definition of gang violence the illegal hazing of young men who are pledges of our fraternity and quite a few others in these United States. Fifth, there is the epidemic of teen pregnancy or premature parenthood, which obviously involves young men as well as young girls and young women; Sixth, there is prejudice and discrimination, often accompanied by hate crimes, against our fellow men and women because of their race, creed, color, national origin or sexual orientation. In this regard, we must condemn unequivocally the cowardly and dastardly burning of African American and other churches. We must condemn hate crimes against Jewish people, their places of worship and their cemeteries. we must condemn hate crimes against homosexuals, which include assault, battery and even murder. and we must condemn the tendency of white America to blame either black men or people of Middle Eastern heritage for nearly every criminal or terrorist event in this country. Seventh, and along the same line, there is the unforgivably unfair and costly tradition of subordinating the welfare of women and girls to that of men and boys. This is unacceptable in all its aspects, though especially so when girls' minds are neglected or their bodies mutilated, and when women are prohibited by government from exercising their right to terminate legally, safely and affordably an unwanted or health- and life-threatening pregnancy; Eighth, there are the many unhealthy behaviors in which so many of us engage. I refer specifically to smoking, chewing tobacco, the overconsumption of food--especially foods with high fat, salt and calorie content. And perhaps most important in this age of AIDS, the highly irresponsible practice of unsafe sex by adults and teenagers who know, or ought to know, better. Ninth, there is the regrettable and ominous mixture of apathy, cynicism and disrespect for law, government and politics; And tenth, there is the stifling isolationism which has overtaken so many individuals, families and communities. I refer to our growing lack of interest in people, places and issues with whom and with which we may not have everyday contact. It is right to be worried about average Americans' lack of interest, and even hostility, toward foreign people and places. But we should be downright alarmed about average Americans' lack of interest in, and interaction with, their neighbors and fellow citizens. Next, let us consider problems which are traceable mainly to, and best addressed by, the private sector in this country and in others. But before I focus on troubling aspects of contemporary private enterprise, let me make at least two things clear: First, the private sector is not an enemy of whom we should wish to be rid; in fact, because the private sector is the principal source of employment, innovation, growth and progress, we should, and do, want it to grow and prosper Second, many companies, large and small, are models of corporate social responsibility. You don't have to be a Republican or a conservative to acknowledge this fact and give credit where it's due. The President did it a few weeks ago when he invited some of the more praiseworthy companies to send representatives to Washington and tell their stories to the country and the world. Now, concerning private sector problems to be addressed, I have five in mind. One--and for me the most important one today--is the problem of the violent images and antisocial ideas disseminated so broadly by the media and the entertainment industry, especially through movies, television shows and certain kinds of music. I don't necessarily advocate more regulation at this time, but the entertainment industry has to show allegiance to some moral principle other than ``give them whatever they want, so long as it sells.'' A second problem, similar to the first, is the lack of corporate social responsibility demonstrated by companies and industries which target advertising for alcohol, tobacco and games of chance at the most vulnerable segments of society, namely children and poor people. A third important problem is the widely varying performance of companies and industries, especially in the United States, with respect to equal employment and affirmative action for women and underrepresented minorities. It is unacceptable that a person is subject to harassment or denial of a job or promotion because of physical traits or beliefs. A fourth is the insensitivity of some large corporations to the genuine human needs and just deserts of their employees and communities. It doesn't seem unreasonable that a corporation can be compassionate and commercially viable at the same time. But it does seem unreasonable that a corporation can be in a community but not of it. And, fifth, is the problems of corporate respect for this planet and for its wondrous ecological systems. One would expect business-people to know that there is a relationship between nature and the economy, even if, sadly, their knowledge is based solely on pragmatism. The overfishing of our oceans, for example, isn't just a crime against Mother Earth; it puts thousands of people out of work. I come now to my third set of concerns, namely problems which are traceable to, or at least best addressed by, governments around the world. Our federal government, and other national governments, face both inward and outward as they strive, we hope, to promote the general welfare, insure domestic tranquility, provide for the common defense and help secure, for any one who hungers for them, the same blessings of liberty and justice that we ourselves seek and sometimes enjoy. Even if some Americans don't think so, there still are some things that our federal government, and national governments in developed and developing countries ought to be doing, or doing better, to improve conditions in their own societies. Several things come to mind. First, government can do a much better job of educating young people. No nation that fails to educate its children will have much of a present or a future. Second, government can do a much better job of insuring that as many people as possible, especially children, have the best health care that a society can reasonably provide. Third, government can do a much better job of insuring employment and decent and affordable housing for low and moderate income people. Fourth, government can do a much better job of making our streets, neighborhoods and commercial districts safe for everyone, not just the wealthy and the politically influential. Fifth, government can do a much better job of taking responsibility for protecting our natural environment and preserving it for future generations as a cultural and economic resource. Let me elaborate just a bit. When I say environment I don't mean just protecting the ecology from destructive people; I also mean protecting people from environments that are unhealthy because the air is dirty, toxic wastes have been dumped there, or the water is unsafe for human consumption. Sixth, governments can do a much better job of governing. Too often, governments and the people who run them conduct themselves in ways that a are highly deficient when it comes to honor, morality and integrity. They should be on notice that their people's patience has its limits and that they should either conform, reform or perform, or else expect to be informed that their time in office has expired. Now, as I said earlier, governments face not only inward but outward, toward other government. And there are some things that outward-looking and forward-looking governments ought to be doing or doing better. I label these Ten Expressions of Love for Humankind. One is to take effective steps to head off interstate and intrastate armed conflict. A second is to take effective steps to stop any fighting or killing if prevention should fail. A third is to prohibit, in law and in fact, ethnic cleansing, or anything that resembles it. A fourth is to come to the aid of people displaced by conflict or natural disasters. A fifth is to find ways to make war--if it is inevitable,and I pray that it isn't--less lethal, especially for innocent civilians during and after violent episodes. One of the great tragedies of our time is the killing and maiming of unsuspecting children, mothers an fathers by landmines encountered in their perfectly legitimate and innocent daily life. A sixth thing that government ought to be doing better is coming to the aid of people and nations who have overthrown, or want to overthrow, tyranny and are likely to choose the path of democracy, freedom and tolerance. A seventh is to treat the international AIDS epidemic more seriously. No person of any ethnicity should be indifferent to the fact that African American men have been harder hit by the virus than other groups of Americans, or that HIV and AIDS infection rates in Africa, where some 14 million men, women and children have contracted the virus, are the highest in the world and still rising. Nor should anyone fail to be greatly concerned that the AIDS epidemic has become established in the Caribbean and especially in Asia, where its explosive infection rate will soon overtake Africa's. An eighth is to work harder to insure that the world economy operates fairly and justly for all nations, not just a fortunate few. As we race ahead toward the high-tech information economy of the twenty-first century, let us consider how we might bring up to 20th century living standards the three billion or so of the world's people left behind in 18th and 19th century conditions. A ninth is to build on the work begun four summers ago at the United Nations Conference on Environment and Development by following though on national and international commitments and agreements to address critical environmental problems. And the tenth is to work harder to make the United Nations the place where all nations meet not just to talk--which is valuable, of course--but also to resolve conflicts peacefully and work together to elimiante the problems which threaten all, many or some of our fellow human beings. 5. Conclusion Brothers, three years ago, when I spoke to many of you here in New Orleans at the 87th Anniversary General Convention, I said: ``We have, and will always have, a further contribution to make, a place to fill, a work to perform.'' I suspect that the litany of concerns which I have just sumamrized--most of them not only serious but painfully complex as well--will serve to confirm the continuing truth of that statement. And although this reality is in many ways a said commentary on the state of the nation and the world, it should also serve as a reminder of why we as men of Alpha Phi Alpha are needed more and more in the community, in the nation, and in the world. My Brothers, I call on each of you--as Americans, as Americans of African Heritage, and as children of God, sent by Him to dwell temporarily on this Earth--to do whatever you can to improve the quality of life on this planet. You don't have to be a politician; you don't have to be a diplomat; you don't have to be a general or an admiral; nor a scholar or a preacher. All you have to be is someone who cares abut his family, his community, his environment and his fellow human beings, wherever they may be, whatever their language, whatever their religion, and whatever the color of their skin. I think the great 19th Century American philosopher and poet, Ralph Waldo Emerson, put it best: So near is grandeur to our dust So near is God to man When duty whispers low ``thou must'' The Youth replies, ``I can!'' My dear Brothers in Alpha, that is the message I bring to you today. That is the message I thank you for listening to. And that is the message in the spirit of Charles Harris Wesley that I ask you to accept an respond to as men worth of being Alphas. Good luck and godspeed.

Mrs. KASSEBAUM

Mrs. KASSEBAUM. Mr. President, this summer, the eyes of the world are turned toward Atlanta, the host of the centennial Olympic games. But a careful look reveals another anniversary taking place in Atlanta--an anniversary that we should herald as well. On July 1, 1996, the Centers for Disease Control and Prevention [CDC] reached a milestone: The agency turned 50 years old. What began during World War II as a program to stop the spread of malaria among U.S. military personnel has become a world-renowned scientific agency the mission of which is to prevent and control disease, disability, and injury. With time-tested expertise in communicable disease control, the agency has led efforts in developing a strategy to address the newly emerging infectious diseases of today. The Senate Committee on Labor and Human Resources, which I am honored to chair, has held hearings on this major global public health issue and the role which the United States plays in fighting the spread of communicable diseases, and I am personally committed to this battle. Recently, President Clinton, recognizing the threat that infectious diseases present, issued a Presidential Decision Directive on Emerging Infectious Diseases. In recognition of CDC's golden anniversary, I would like to summarize the problem, along with the prevention strategy that CDC has developed. addressing emerging infectious disease threats: a prevention strategy for the united states Two to three decades ago, many scientists believed that infectious diseases could and would be eliminated as a public health problem in their lifetimes. Today, those very same diseases remain the leading cause of death worldwide, and a major cause of illness, death, and escalating medical costs in the United States. More and more Americans recognize the threat that emerging and re- emerging infectious diseases pose to domestic and global health. Accordingly, they understand the need to improve surveillance and response capacity inside and outside our borders--infectious microbes know no borders and disregard immigration laws. Several dramatic changes in our behavior and environment have contributed to the resurgence of infectious diseases. Across the globe, explosive population growth has led to unprecedented migration of people across borders. These population shifts are aggravated by rapidly changing technology and increasing international travel. The widespread misuse of anti-microbial drugs has accelerated the emergence of new drug-resistant microorganisms. In addition, scientists are identifying, with remarkable frequency, a growing number of new infectious diseases along with microorganisms that cause previously unexplained chronic diseases. In response to the threat of emerging infectious diseases, CDC developed a plan designed to safeguard our Nation's health. Entitled ``Addressing Emerging Infectious Disease Threats: A Prevention Strategy for the United States'', 1994, the plan was developed in cooperation with local and State public health officials, various Federal agencies, medical and public health professional associations, infectious disease experts from academia and clinical practice, and international and public service organization. The plan lays down CDC's domestic and international strategy for addressing emerging and reemerging infectious disease threats. The plan has four goals: First, surveillance and response. The first goal is to improve the detection, investigation, and monitoring of emerging pathogens, the diseases they cause, and the factors influencing their emergence. Essential to this goal is an adequate laboratory capacity that assures accurate diagnosis of infectious diseases. Second, research. The second goal is to integrate laboratory science with surveillance to optimize public health practice. CDC, in partnership with pubic agencies, universities, and private industry, will support research programs to address a number of pressing issues. They include: development and application of modern and rapid laboratory techniques for identification of new pathogens and drug- resistant organisms; determination of how behavioral factors influence emerging infections; and evaluation of the economic benefit of prevention and control strategies. Third, prevention and control. The third goal is to enhance communication of public health information about emerging diseases. This would ensure prompt implementation of prevention strategies. Fourth, infrastructure. The fourth goal is to strengthen infrastructure at local, State, and Federal public health levels. This includes plans for addressing the diminished capacity of health agencies to respond to infectious diseases. Critical losses in personnel over the past years have resulted in dangerous limitations in laboratory expertise. To respond to these losses, CDC has placed a top priority on building and maintaining expertise in rare or unusual diseases through the establishment of appropriate training programs for young health professionals. CDC's initial efforts have focused resources on improving the capacity of the United States to address emerging infectious diseases through collaborations among State and local health departments and academic institutions. Thus far, CDC has provided funds through cooperative agreements to 14 States and two large local health departments to enhance their ability to monitor and respond to infectious diseases, including foodborne disease, drug-resistant infections, and a variety of other infectious disease public health programs. Health departments have used these funds to improve State health laboratories, build epidemiologic capacity to investigate out- breaks, and develop electronic technology for disease reporting and tracking. CDC has also begun developing a national network of emerging infections programs. This network will conduct special surveillance projects and develop and improve surveillance methods. Emerging infections programs [EIP] address a variety of infectious disease problems, including food- and water-borne disease caused by E. coli and cyptosporidium, tickborne diseases such as Lyme disease, and the newly recognized ehrlichiosis, and antibiotic resistance. Through cooperative agreements with State health departments and their collaborators in local health departments and academic institutions, CDC has provided funds to establish the first four such programs in health departments in California, Connecticut, Minnesota, and Oregon; a fifth EIP will be initiated this year. As resources permit, CDC will institute three additional EIPs in fiscal year 1997 in other State health departments. With new microbe threats confronting us daily, CDC had developed a public health microbiology fellowship program in partnership with the Association of State and Territorial Pubic Health Laboratory Directors. CDC has also reinstituted an extramural research program that is focusing initially on tickborne disease and antibiotic resistance. Although extensive work to address emerging infections has begun, substantial further effort is needed to strengthen defenses against potential disasters caused by infectious microorganisms. Long-term cooperation and partnerships are needed with clinicians, microbiologists, public agencies, universities, private industry, and communities. It is indeed critical that we all work together to ensure rapid, comprehensive responses to the microbial risks challenging the health of the world's population. I commend CDC on their 50th anniversary and on their outstanding effort to control and eliminate emerging infectious diseases.

Mrs. KASSEBAUM

Mrs. KASSEBAUM. Mr. President, I was going to speak, after the chairman and ranking member finish speaking, on a component I believe was important to consider along with the minimum wage and the welfare reform legislation.

Mrs. KASSEBAUM. Mr. President, I certainly thank the chairman of the Finance Committee, Senator Roth. I appreciate his help and leadership on health insurance reform, and certainly as he worked with small business tax relief as a part of the minimum wage package. I supported the conference report, Mr. President, on small business tax relief which includes, of course, an increase in the minimum wage. However, I have strong reservations about raising the minimum wage because I have believed that in many instances with small businesses, particularly the mom and pop operations, it will mean some loss of jobs or, indeed, reduced hours. But we will have to see. I supported the conference report overall because I believe the detrimental effects of the minimum wage increase will be offset by many of the small business tax relief provisions. However, as this minimum wage increase moves closer to becoming law, along with health care and welfare reform, I believe it is important to point out that there is still a gaping hole in our efforts to assist workers and improve their economic security. Congress has yet to act on the legislation to reform our job training system, which is, I would suggest, in drastic need of repair. I listened with great interest to the debate that took place yesterday on welfare reform where Senator after Senator pointed out the importance of training to bring welfare recipients into the work force. As we debated the minimum wage bill through its passage and briefly the conference report, we heard the argument that this increase is needed to raise the living standards of those who are at the bottom of the economic ladder. Yet we all know that the only way to improve the long- term prospects of those at the bottom of the pay scale is to equip them with the skills and education that will allow them to compete and move upward in today's changing workplace. It is ever more competitive, ever more demanding of new skills and, unfortunately, the training infrastructure that we have now in place is woefully inadequate. In fact, it is nothing less, I would suggest, than a national disgrace. I will not take up the time of the Senate at this point to discuss the scores of reports documenting with overwhelming evidence why the current system is broken and must be fixed. I would just like to mention one of the latest GAO reports outlining the failure of current Federal programs. The General Accounting Office compared control groups with participants in JTPA titles II-A and II-C, both programs for the economically disadvantaged, the very people we are trying to help with the minimum wage. Amazingly, the report found that there were no statistically significant differences over time between the earnings of both groups. This was one in which they were assisting the economically disadvantaged and others where there had been no program offered. In other words, the Federal training these disadvantaged participants received did nothing to improve their income. It had no effect. This is nothing short of a fraud on the American taxpayer and, more importantly, a cruel hoax on the disadvantaged who think they are getting help but end up no better off. I remain astounded that we should want to continue funding these ineffective programs. I am particularly disappointed with the Secretary of Labor, who supports this increase in the minimum wage but is also responsible for these job training programs which he knows are in a state of disarray. He has done little to advance legislation to reform job training even though bills passed both Houses with wide bipartisan margins. For 3\1/ 2\ years now, the Secretary has stressed the critical importance of training for the closing of the wage gap for those at the bottom. We have talked often about this. He has been supportive of early efforts. Yet he has done nothing to really try to improve our Federal job training system. Even before the ink was dry, the Secretary recommended that the President veto the job training conference report. Secretary Reich's main concern with the job training reform bill seems to be lack of accountability. But, according to the National Journal article: When pressed, (Secretary) Reich acknowledged that his real problem with accountability concerns the legislation's failure to require participation of mayors in local boards and federal approval of state workforce development plans. In other words, his concerns are largely political. He wants to preserve the Federal Government's control, the status quo, and business as usual. This is not going to solve the problem. We have such an opportunity to really try to be more innovative and try to bring to the fore something that will reinforce what we are seeking to do with welfare reform and the minimum wage legislation. When it comes to job training, I suggest the status quo is unacceptable. We must move forward this year with comprehensive job training reform. After months and months of negotiations, and compromises made on all sides, we now have a conference agreement that will bring real reform to a broken system, consolidating duplicative programs over some 80 programs. They will be combined and much duplication removed, giving the States the flexibility needed to design the programs that fit their States, whether it be Kansas, Iowa, New Hampshire, New York or California, and focus the resources there where there is the greatest need--whether it would be in vocational education or a job services initiative. The job training conference report will encourage real partnership between educators, job trainers and the business community. And it will focus accountability on real results. If we are truly concerned about raising living standards, raising the minimum wage is only half the answer. Proponents of the minimum wage have argued that you cannot support a family on $4.25 an hour, and that is certainly correct. You cannot support a family on $5.15 an hour either. Education and training are also needed to improve one's living standards, and right now we are wasting billions of dollars on dozens of ineffective programs that are just not delivering to those who need help the most. I personally cannot believe there is anything more important we could do to really enhance those who, we have argued for months, most need assistance, than by being willing to address this issue. I want to put my colleagues on notice that I will do everything I can to ensure the job training conference report comes to a vote this year and goes to the President. The Senator from Nebraska, Senator Kerrey, and I have asked Senator Lott and Senator Daschle to bring this conference report up the week that we return from recess. I tend to believe most of us are now asking the majority leader to consider legislation the week we return. But I am hopeful our request will be met. I will continue to push this conference report because I believe it is too important--and the status quo is unacceptable--not only to the American taxpayer but, more important, to those who desperately need and want training education as well. I yield the floor. Mr. GRASSLEY addressed the Chair.

Mrs. KASSEBAUM

Mrs. KASSEBAUM. Without the dedicated efforts of our staff, it would not have been possible. I mention Dean Rosen, Susan Hattan of my staff, and David Nexon and Lauren Ewers of Senator Kennedy's staff, and many others who have spent countless time and effort. It is an important piece of legislation. I am very proud we have accomplished it in a bipartisan fashion. It could not have been done without them. Senator Kennedy mentioned the minimum wage legislation which we will be voting on as well, in back-to-back votes. I will speak after those votes on something I regard very important to the success of both welfare reform and the minimum wage, and that is job training programs. Without our willingness to be more innovative and skillful in how we handle job training problems, we will not succeed with the type of welfare reform or minimum wage that enables us to have skilled young people and retrained older people entering our job markets. I think that is an important component of the success of those bills. I yield any remaining time, but say again how proud and grateful I am to all who have had a hand in the passage of this legislation.

Mrs. KASSEBAUM. Mr. President, I say how very grateful I am to so many for all of the efforts that have gone into making the passage of the House insurance reform possible tonight. It is not possible to name all the names, and I ask unanimous consent they be printed in the Record.

Mrs. KASSEBAUM. The Senator is correct. This legislation will clarify the intent of Congress that health risk pools should not be subject to taxation.

Mrs. KASSEBAUM. I would agree with the Senator.

Mrs. KASSEBAUM. I would agree with the Senator.

Mrs. KASSEBAUM. Mr. President, I very much appreciate the thoughtful comments of the Senator from Connecticut who has been a very dedicated member of the Labor Committee, who has worked to get this accomplished from the very beginning. I appreciate his valuable support and efforts. I now yield 3 minutes to the Senator from Wyoming, Senator Simpson.

Mrs. KASSEBAUM. I would agree with the Senator.

Mrs. KASSEBAUM. Mr. President, I know the Senator from Iowa, [Mr. Grassley] had wished to speak, because the State of Iowa has done some very innovative things regarding the question of health care insurance, but we are running out of time. He is going to address his full statement and make it a part of the Record at some point as we find time at the close of this debate. I would like to right now, though, yield 15 minutes to the Senator from New Mexico [Mr. Domenici].

Mrs. KASSEBAUM. I anticipate, of course, if there is more time allocated to us, that will take us past 6 o'clock. As you know, Senator Domenici and Senator Wellstone want a large share of that time to be equally divided. We will try to do so. But we will have to make sure that time is allocated to them.

Mrs. KASSEBAUM. Mr. President, today, we stand on the threshold of passing long-overdue reforms to our Nation's health insurance system. According to the General Accounting Office, the bipartisan conference agreement before us today will help at least 25 million Americans each year who now face discrimination and live in fear that their health insurance coverage will be canceled if they change jobs, lose their job, or become sick. It was exactly 1 year ago today that the Senate Labor Committee passed the core provisions of this legislation by a unanimous vote. For many months prior to that time, Senator Kennedy and I worked together with insurance companies, consumers, Governors, State regulators, large employers, small employees, and other to forge a bipartisan consensus which would bring us to this day. Mr. President, it has been a long, and sometimes bumpy, road. But the spirit of cooperation and bipartisanship that began this process 1 years ago has allowed us to overcome very difficult obstacles that threatened--but never derailed--our drive to pass common-sense health reforms that would provide real health security. Whilte there has been a great deal of debate and polemics over the last few months about extraneous provisions, Senator Kennedy and I have never lost sight of our primary goal. The heart and soul of the Kassebaum-Kennedy bill that passed the full Senate unanimously are firmly embedded in the conference agreement before us. Mr. President, beginning July 1, 1997, every American who has played by the rules will be able to keep their health insurance coverage even if they change jobs, lose their job, or have a preexisting illness. Last night, the House of Representatives passed the Health Insurance Portability and Accountability Act by an overwhelming vote of 421 to 2. Today, we will have the opportunity to do the same and to send this bill to President Clinton for his signature. This is a dramatic victory for the American people--not only because the bill will help millions of Americans with preexisting illnesses, but also because--I believe--the process of compromise, negotiation, and bipartisanship that was the hallmark of this bill will go a long way toward restoring Americans' faith that their Government can work to address their most pressing concern. Depending on who was speaking yesterday, one would think that health reform was entirely the province of one party. But as Senator Kennedy and I both know, this effort has been bipartisan from the start. Senator Kennedy and Representative Archer worked together to develop a compromise on medical savings accounts that broke a months-long impasse on the bill. The majority and minority leaders, as well as Senator Dole, deserve much credit for breaking the gridlock over this bill. In fact, Mr. President, I would just like to say a special word of appreciation to the majority leader. I think that Senator Lott has devoted a great deal of time and energy to making sure that we could reach this point this evening before we go out on our recess. And there also has been significant bipartisan support in the House from Representatives Thomas, Bliley, Bilirakis, Waxman, Hyde, Dingell, and others. I especially want to recognize Representative Hastert of Illinois for his leadership in bringing together members of both parties to reach agreement on this very important bill. I regret that we could not do more to help small employers. In an effort to avoid controversy that could have derailed the legislation, both the House and Senate small business pooling provisions were dropped from the conference agreement. Representative Fawell from Illinois is perhaps the greatest advocate of this reform, and Senator Jeffords, from Vermont, also has worked very diligently to help small employers enjoy the same economies of scale as large employers. My hope is that those Members and others will continue to show leadership in the future to find constructive bipartisan solutions in this area. I also regret that this legislation does not include malpractice reforms that could significantly lower costs for consumers. Finally, Mr. President, I know many of my colleagues are disappointed that the bill does not do more to help end discrimination against those with mental illnesses. I know that Senator Domenici and others will speak to that issue later. But I would just like to express my appreciation to Senator Domenici who has devoted his time and heartfelt efforts to achieving legislation to address parity in insurance coverage for those with mental illness. We did not do enough in this bill, and I certainly can understand those who wish we could have done more. However, the bill does represent significant progress for those with mental illness and other chronic conditions. The bill expressly prohibits employers and insurers from denying coverage to individuals because of preexisting mental illnesses as well as physical illnesses, and people who suffer with mental illnesses will be able to change jobs without the fear of losing their health coverage. I also have received letters in recent days from nearly 30 groups, including the American Association of Retired Persons, the American Medical Association, the American Hospital Association, the American Cancer Society, the Healthcare Leadership Council, the American Lung Association, the American Heart Association, the March of Dimes, and others. Let me read from one of these letters: The American Cancer Society estimates that more than one million people will be diagnosed with cancer this year. Ten million Americans alive today have a history of cancer. Under current insurance practices, many of these people will be denied coverage if they change jobs or lose their job, or they will be squeezed out of their existing plan because of their health status. The health insurance reform bill addresses these critical issues by limiting preexisting condition restrictions and ensuring greater portability of coverage. * * * The modest reforms contained in [this bill] will go a long way toward protecting people with chronic illness and their families. * * * So, Mr. President, let us move forward. Let us cap this bipartisan effort with another strong vote today and send this historic legislation to the President's desk for his immediate signature. There is no controversy about the central elements of the bill. There is no question that the President will sign the legislation. There is no question that--despite its long delay--the President, and members of both parties, in both the House and the Senate, can take credit for passing these sensible reforms. And there is no question that the American people will be the real winners today. This bill will guarantee that those who need coverage the most are not shut out of the system. It is a small step forward, but it is a historic step. And it will mean the world to millions of Americans who will no longer live in fear that they will lose their health coverage when they change jobs or lose their job. I urge my colleagues to support the conference agreement, and to send this important measure to the President today. Mr. President, I think many will be helped by this bill. While it is not a great leap, it is an important, historic step forward in addressing many of the American people's most pressing concerns about health care. I yield the floor.

Mrs. KASSEBAUM. Mr. President, I allocate to myself 5 minutes.

Mrs. KASSEBAUM. I will so yield.

Mrs. KASSEBAUM

Mrs. KASSEBAUM. Yes.

Mrs. KASSEBAUM

Mrs. KASSEBAUM. Mr. President, first I would just like to say, it has been a year ago today that the health insurance reform legislation passed unanimously in the Labor Committee. So, it has been a bumpy road to achieve what has been achieved, and, I think, a very important piece of legislation. One of the reasons it is on the floor today has been the active participation and support of the majority leader. The Senator from Mississippi has been insistent that we achieve the passage of this bill, the conference be successful. I just want to say that I think any differences that may have arisen because of the patent extension provision, which was added late, can be addressed. But certainly the majority leader is one of the reasons we have before us today the health insurance reform bill, and it is my hope that we can bring it up and we can address this and not put it off to the point that we are going to lose an opportunity to pass this, which is a small but historic step for health insurance reform. I yield the floor, Mr. President. Mr. LAUTENBERG addressed the Chair.