Mr. Reid i ask that the call of the quorum be terminated. The presiding officer without objection. Mr. Reid i ask unanimous consent the senate proceed to a period of morning business with senators permitted to speak therein for ten minutes each. The presiding officer without objection. Mr. Reid i ask unanimous consent the senate proceed to executive session to consider calendar numbers 393 through 402 and 419. And that all nominations on the secretarys desk in the air force, army, navy, the nominations be con nirmd en bloc and no further motions be in order to any of the nominations and any related statements be printed in the record and that president obama be immediately notified of the senates action and the senate resume legislative session. The presiding officer without objection. Mr. Reid i ask consent we proceed to calendar number 231. The presiding officer the clerk will report. The clerk calendar number 231, h. R. 2747, an act to amend title 40, United States code to transfer certain functions from the Government Accountability office to the department of labor and so forth. The presiding officer without objection, the senate will proceed to the measure. Mr. Reid i ask further that the bill be read a third time, passed the motion to reconsider made and laid on the table and that there be no intervening action or debate. The presiding officer without objection. Mr. Reid i ask unanimous consent the senate proceed to s. Res. 286. The presiding officer the clerk will report. The clerk s. Res. 286 congratulating oracle team u. S. A. For winning the 34th americas cup. The presiding officer without objection the senate will proceed to the measure. Mr. Reid i ask unanimous consent the resolution be agreed to, the preamble be agreed to, the motion to reconsider be considered and laid on the table with no intervening action or debate. The presiding officer without objection. Mr. Reid i ask unanimous consent the senate proceed to s. Res. 287. The presiding officer the clerk will report. The clerk s. Res. 287 congratulating the Boston Red Sox on winning the 2013 world series. The presiding officer without objection the senate will proceed to the motion. Mr. Reid i scurt furt ask resolution the be agreed to, the preamble be agreed to, the motion to reconsider made and laid on the table, there be no intervening action or debate. The presiding officer without objection. Mr. Reid madam president , if it were in order which its not i would ask that the record be spread, this resolution just passed with the same tim mitchell on it. Ive followed baseball from the time i was a little boy and i consider myself a fan of payable baseball, love baseball. But i have never known a more rabid fan than tim mitchell who as we depend on so very, very much to help us work through all the things we do here in the senate. He is a fan bordering on illness, supporting this team. He has has a red sox tie, pin, i expect next to see if he lifted up his shirt hed have a tattoo of the red sox. I ask unanimous consent when the senate completes its Business Today it adjourn until 10 30 a. M. On wednesday, november 6 and following the prayer and 34re7b8g, the morning business deemed expired, the time for the two leaders reserved for use later in the day, following any leader remarks the motion to proceed to s. 815 the employee nondiscrimination act be agreed to and the senate begin consideration of the bill. The presiding officer without objection. Mr. Reid if there is no further business to come before the senate, i ask that it adjourn under the previous order. The presiding officer the Senate Stands adjourned a senator mr. President . The presiding officer the the presiding officer the who has argued so well that the time has come to take a bold aro step in favor of equality, in favor of fairness, and pass the employment nondiscrimination act. I, too, rise to speak to the importance of this action. E the decoration of independence in the second paragraph says in words that are famous and wellknown to all americans. Among these are life, liberty, and the pursuit of happiness. Certainly that vision of life, liberty, and pursuit of happiness is infused in to everything we pursue in this nation, the success of individuals and success of our families and the success of our communities and the success of our nation. And the debate in which were about to embark is deeply connected to the debate. Because certainly the ability to be free from discrimination in the pursuit of a job and to be free from discrimination in the court of employment is central to that pursuit of happiness. It is central to the issue of liberty. I rise today to say how important and vital this is to millions of americans which discrimination blocked and comprise the vision laid out in the declaration of independence. And this bill, this framework for any discrimination employment, senate bill 815 is born with a lot of bipartisan partners who might like to thank at this moment. It was back in 2009, my first year in the u. S. Senate, that senator kennedy and his team asked me to take leadership of this bill he had held near and dear to his heart. To carry the torch forward in fighting for fairness and employment. Fight areing for an end to discrimination. Since that time, many stepped forward to be partners. Senator colins was the first chief sponsor from the republican sidestepping forward and taking her voice, energy, experience and insight to bear. After two years she passed the baton to senator mark kirk. Its been a long time champion of a vision of fairness and equality for all americans. Both of them have done an outstanding and extraordinary job in forwarding this dialogue. And on the democratic side, we have first and foremost senator kennedy who carried this leadership for many years including back in 1996 when we had this on the floor of the senate. Im return to that in due course. The champion for civil rights in many, many different parts of our world, including race discrimination and gender discrimination and discrimination against the lgbt community. And senator harkins who chairs the health education, and Labor Committee that carried this bill forward through two hearings in 2009 and 2012 who carried it forward in to the markup this last year and who prepared to send to the floor. Thank you, senator harkin, for your leadership. And senator tammy baldwin, who came to us with her personal story, who came to her with her experience of leadership from the house to extend the conversation here in the senate and carried on so many individual meanings. To speak to these core issues of equality and fairness and opportunity. So thank you to this bipartisan set of sponsors, and thank you to everyone who last night said yes, we should debate this issue. We should debate this issue of discrimination blocking full opportunity for millions of americans. And so shortly well be engaged in that debate. After the declaration of independence, we have the preamble to the constitution. This, also, is wellknown to americans across the land. We the people of the United States in order to form a more perfect union, establish justice, ensure domestic tranquil ifity, for most the general welfare and secure the blessings of liberty to our ourselves and our process territorialtypety ordain the constitution of the United States of america. Here we have the Core Concepts of justice and the blessings of liberty for that generation, the generations that would follow. What exactly is liberty . What is freedom . Senator kennedy, in 1965 in a commencement address to Howard University said freedom is the right to share, share fully and equality in american society. To vote, to hold a job, to enter a public place, to go a school. Senator johnson continued, it is the right to be treated in president johnson continued its treat equal, dignity, and promise to all others. Ic its a pretty good description what liberty and freedom means. A right to participate fully in american society. In every respect at the voting boothe, in the job place, and in the Public Square as you would choose to participate. The employment nondiscrimination act which ends discrimination against the lgbt is rooted in the best american values. Liberty and freedom in the founding documents and vision. Its rooted in the concept of fundamental fairness. How unfair is it if an individual who is seeking to apply to a job cannot have the full opportunity for that job . A full opportunity to thrive because of discrimination . How fair is it because who you are outside the workplace that you are fired from the workplace. Let us think of the golden rule. We all learn this early in life that we should treat others according to how we would want to be treated. We all want to be treated with respect and dignity that president johnson referred to. It is a vision of equality, it was in the declaration of independence. And its the vision of opportunity rooted so deeply in the american dream. The idea that an america, if you work and study hard you can do whatever you want to be. Thats something my father taught me. But discrimination takes away from that vision of opportunity. It says, if so you study hard, here in america you can do just about anything unless jew u have a certain color of skin. Unless you have a certain gender. Unless you can have a certain gender identity or Sexual Orientation. We have struck down many of the barriers. We have advanced on the vision of equality. We have further to go. Thats what this debate is about. In 29 states, you can still be fired from a job. You can still be told not to apply in the beginning because of your Sexual Orientation. Or your gender identity. In 29 states. It should not be the case that the vision of equality and fair pes and opportunity fairness and opportunity happens to occur on one side of a state but destroyed if you cross the state line. Because the vision of opportunity and fairness and equal any the declaration of independence didnt say if its only live in particular states only if you live in the 21 states that have protection for our lesbian, gay, and bisexual community. Only live in you 17 states that have protections of employment for our transgender community. The journey of this legislation began in 1974, it was a year after stone wall. 39 years ago, introduced in the house of representatives legislation that ban job discrimination. It took another nineteen years before such legislation was introduced here in the u. S. Senate. And hearings held in the labor and Human Resources committee in 1994. It was two years later that the bill was debated on this chamber. Right here in this very room and the outcome was 494 50 against with Vice President gore sitting right now in the presiding chair with the senator from hawaii sits. Vice president gore already clarified where he stood. We were missing one senator and one vote. As a result its been 17 years since the conversation was held in the chamber. 17 years of discrimination in america. Its time to end the discrimination and enhance the vision of equality and fairness. Today we have a bill that has before us 55 cosponsors. When we think about that 4950 seventeen years ago we might say isnt it a done deal . There are 55 cosponsors, you only need 51 or 50 plus the Vice President to pass a bill in the u. S. Senate. Its not a done deal. In the last decade and a half the senate has gone from being a simple majority chamber as envisioned in the constitution to being a chamber where every action takes a super majority vote. We needed a supermajority of 60 to get on to the bill last night. And everyone anticipates well need 60 votes to get off the bill to close the bill and have a final vote. Its no the the senate that has been with us for 200 years. Its the senate of the last 10 years. The courtesy of extended debate has been turned to the veto of a supermajority. Thats where we stand right now; therefore, we need 60 votes. We had 61 votes last night to get on the debate. I thank every one of the 61 senators who said yes. After seventeen years, its time to debate this issue. Yes, its right to consider issue ever core fairness to millions of americans. Yes, it is right to recognize that we should have a debate about the impact of discrimination on the ability of the individual to have full opportunity in our nation. So thank you to the 61 senators who stood up last night. Have no doubt, discrimination is alive and well. I share with you a story of laura from portland, oregon. Before oregon had nondiscrimination clauses which we developed in 2007. And she notes from 1980 to 1996 she worked for the Sheriff Office in oregon. She had the rank of sergeant. She was promoted often. She worked as a variety of capacities including as a s. W. A. T. Team commander, a detective in the major crimes unit, and the Narcotics Task force. During her 16 years she notes, she said i received numerous common dedications including for removing an Automobile Accident victim from a burning vehicle, disarming an armed man intent on harming himself. She was awarded for her expertise. She was named deputy of the year in 1994. She taught Law Enforcement classes at the Community College and the Oregon Police academy. She had a distinguished employment record on labor day of 1995 she was in a remote area when a police dog attacked her and did some damage to her leg. She was awarded administrative leave. During the month that followed her storage unit was broken in to. Out of the storage unit came information that she was a transgender individual. Because of that she was fired. Stellar career. In every aspect. But a break in to her storage unit plus discrimination ended that career. She ends her commentary by saying had employment nondiscrimination laws have been in effect. I likely would continue to serve the citizens of the county to this day. We know from her employment record she would have been well served. That was before oregon adopted antidiscrimination legislation. Many people have written to share their stories. Terri wrote, thank you for continuing the fight against discrimination. I am retired now, but i did lose a job when i was young for being a lesbian. Until later in life i stayed deep in the closet to keep from losing another job. All of the nondiscrimination bills help us define who we are as a people, she continues, and underscores our belief in life, liberty, and the pursuit of happiness for every american. By one survey, far more than a third of individuals, lgbt individuals have experienced some form of harassment or discrimination in the workplace. Thats a tremendous impact on the pursuit of happiness. Thats a tremendous shrinking of freedom and liberty as envisioned in our founding documents. Our vision for this nation. Now, there are a number of issues that have been raised as colleagues have talked about the bill before it comes to the floor here. I wanted to address some of them. First, this bill is fully inclusive. It includes the lesbian, the gay, the bisexual, and the trans. Transgender community. It should be fully inclusive because discrimination is wrong. Discrimination shrinks opportunity. Discrimination is an offense against liberty and freedom in our nation the full participation in society. So of course this bill should be fully inclusive. As it is in 17 of the 21 states that have laws in their books right now. A second issue has been concern about lawsuits. We heard this yesterday from the speaker of the house. We have all of these pilots, if you will, 21 states with major than the book, all kinds of experience i asked the general accounting officer to do an update on the lawsuits. Theres been no abuse, theres been no extraordinary stream of unfounded lawsuits against businesses. No damage to business. None at all. In oregon, lgbt discrimination claims are less than 2 of the total number of employment discrimination claims. Thats less than 1 out of 50. The United States has ranged from 2 to 6 . Thats a small number. Its why the Business Community has remained so supportive far more than half, in fact, close to 90 of the fortune 500 companies have nondiscrimination practices they have adopted on their own. They have adopted it because its good business. Nike, in my home state of oregon says, quote, its good for business. For employees, and for our communities. Continues nike statement to say, inclusive nondiscrimination policy, quote, enable us to attract and retain the best and brightest people around the world. Thats why fortune 500 companies have lined up to adopt nondiscrimination provisions. Because what is good for liberty, what is good for opportunity is good for business. And the study is simply false. A third concern is about the religious exemption. The religious exemption in this bill is deeply found on tight title vii of the civil rights act. Theres a whole history of interpretation and understanding exactly where the boundaries are. This is the same religious exemption that was voted in favor of in the u. S. House of representatives by a major of 420 to 25. 420 to 25. This is the right foundation to make sure that we create the balance for religious organization. There are others who are concerned that simply the American People are not ready not ready for this discussion. Despite the fact its been adopted in 21 states. Despite the fact weve had many related issues before the American Public up from discussion including hate crimes, the Matthew Shepard hate crimes act. Dont ask, dont tell, the Supreme Court discussion about marriage equality. Certainly the americans are well familiar with this. In fact, 80 of americans think were already done this. I was explaining to my daughter about this bill. This bill, this fight against descrimghts and discrimination on terrible impact on liberty, fund but dad people cant fire others because they are lesbian or gay; right . She said thats not possible. And i said, sweety, it was possible right here in oregon until a couple of years ago when in 2007 we adopted nondiscrimination policies. Nondiscrimination statutes for our state. And she just shook her head. And it took me back to when i was in high school and i was here hearing about jim crow systems of descrimghts discrimination those with dark skin instead of lighter.