July 13, 2000 CONGRESSIONAL RECORD — SENATE S6591 it also repeals the estate tax for huge The PRESIDING OFFICER. Without [Rollcall Vote No. 177 Leg.] estates—$100 million estates, $1 billion objection, it is so ordered. YEAS—81 estates, $5 billion estates. It totally re- Mr. REID. The first vote will be 15 Abraham Dodd Lugar peals any tax whatsoever on estates of minutes and thereafter 10 minutes. We Akaka Domenici Mack that size. agree. Allard Edwards McCain Ashcroft Enzi McConnell Yesterday, I spoke in opposition to The PRESIDING OFFICER. Without Baucus Feinstein Moynihan the House bill, and Senators THOMAS objection, it is so ordered. Bayh Fitzgerald Murkowski and INHOFE expressed a little surprise. The clerk will report. Bennett Frist Nickles They said when they talk to ordinary The assistant legislative clerk read Biden Gorton Reed Bingaman Graham Robb folks in their home States, they hear a as follows: Bond Gramm Roberts lot about the estate tax, and people A bill (S. 2549) to authorize appropriations Breaux Grams Roth want reform. They wondered whether I for fiscal year 2001 for military activities of Brownback Gregg Santorum the Department of Defense, for military con- Bryan Hagel Sarbanes was hearing the same in my State of Bunning Hatch Schumer Montana. I sure am, all the time—in struction, and for defense activities of the Department of Energy, to prescribe per- Burns Helms Sessions coffee shops, in grocery stores, lots of Byrd Hollings Shelby sonnel strengths for such fiscal year for the Campbell Hutchinson Smith (NH) people talk to me. They think it hits Armed Forces, and for other purposes. too hard on farms, ranches, and small Chafee, L. Hutchison Smith (OR) Pending: Cleland Inhofe Snowe businesses. That is precisely the point. Cochran Inouye Specter The House bill responds to these with Feingold pending amendment No. 3759, to Collins Kennedy Stevens terminate production under the D5 sub- an abstraction—repeal, 10 years from Conrad Kerry Thomas marine-launched ballistic missile program. Coverdell Kyl Thompson now. Durbin Amendment No. 3732, to provide for Craig Landrieu Thurmond The Democratic alternative says, no, operationally realistic testing of National Crapo Levin Torricelli we are not going to wait 10 years; we Missile Defense systems against counter- Daschle Lieberman Voinovich are going to do it now. We respond with measures; and to establish an independent DeWine Lott Warner honest-to-goodness relief. I am sure panel to review the testing. NAYS—18 there is somebody in Montana with an The PRESIDING OFFICER. The Sen- Boxer Jeffords Lincoln estate worth more than $8 million who ator from Virginia. Dorgan Johnson Murray will still have to pay some estate tax Mr. WARNER. Mr. President, it is my Durbin Kerrey Reid Feingold Kohl Rockefeller under the Democratic alternative. But understanding that under the order we Grassley Lautenberg Wellstone there sure aren’t many of them. will now proceed to two votes. I rec- Harkin Leahy Wyden Remember, the vast majority of the ommend to the Senate that we proceed NOT VOTING—1 estates are either not affected by the to the Feingold vote first. Mikulski tax now or, if they are, would be com- The PRESIDING OFFICER. The Sen- pletely exempt under the Democratic ator is correct. The motion was agreed to. alternative. One other virtue of the Mr. WARNER. Second, to the vote on Mr. WARNER. Mr. President, I move Democratic alternative is it costs the amendment of the distinguished to reconsider the vote. Mr. MOYNIHAN. I move to lay that much less than the House bill, $40 bil- Senator from Illinois. lion less over 10 years. After that, the At this time, I believe we have 2 min- motion on the table. The motion to lay on the table was savings are even greater. utes for those in opposition. But in def- agreed to. As a result, the Democratic alter- erence to the proponents, we are will- native allows us not only to reform the ing to hear from the proponents first. AMENDMENT NO. 3732 estate tax in a way that helps where it They are not going to use it. Mr. WARNER. Mr. President, under is needed the most, but it also allows Then I yield 2 minutes to the distin- the previous order, we will now proceed us to address other priorities that, guished chairman of the Subcommittee to the amendment by the Senator from frankly, are more important than total on Strategic Forces. Illinois. At such time as he concludes repeal of the estate tax, particularly The PRESIDING OFFICER. The Sen- his portion of the 2 minutes, I yield my for huge estates. ator from Colorado. time to the senior Senator from Mis- For example, what about the na- Mr. ALLARD. Mr. President, the sissippi, Mr. COCHRAN. tional debt? The Democratic alter- Feingold amendment would undermine The PRESIDING OFFICER (Mr. native leaves an additional $40 billion the U.S. sea-based deterrent force by BUNNING). The Senator from Illinois. available to pay down the national killing the Trident D–5 missile pro- The time is 2 minutes, equally divided. debt. Or we could use the savings to gram. Such a decision would cut the The Senator from Illinois is recog- provide tax cuts to meet other impor- Navy’s requirement short by 53 mis- nized. tant needs; help average families save siles resulting in the deployment of Mr. DURBIN. Mr. President, can I for retirement or their kids’ college three fewer submarines that DOD cur- have order in the Chamber? The PRESIDING OFFICER. The Sen- education, or help people meet long- rently believes are required. term medical care costs; protect Social I move to table the amendment. ate will come to order. Security and Medicare. I ask for the yeas and nays. Mr. DURBIN. Mr. President, this Believe me, these are good things The PRESIDING OFFICER. Is there a amendment which we offer is one that that we hear about at home all the sufficient second? was debated last night on the floor of time. I believe that more people are There is a sufficient second. the Senate. It is very straightforward. more concerned about these matters The question is on agreeing to the If we are to go forward with a national than they are about total repeal of the motion. The clerk will call the roll. missile defense system, we should have estate tax, particularly for large es- Mr. BYRD. Mr. President, will the honest, realistic testing, including tates. Chair kindly tap the gavel a little bit testing for countermeasures so we can f to clear the well? say to the American people: Your The PRESIDING OFFICER. Senators money is being well spent; so we can NATIONAL DEFENSE AUTHORIZA- will clear the well. The Senate will be say to them: If this is a source of secu- TION ACT FOR FISCAL YEAR in order. The clerk will not proceed rity and defense for America, it is one 2001—Resumed until Senators clear the well. that will work and function. The PRESIDING OFFICER. Under Mr. BYRD. Mr. President, I thank Some have looked at my amendment the previous order, the time has ar- the Chair. and said it must be critical of the sys- rived to proceed to the next order of The assistant legislative clerk called tem because DURBIN has questioned the business. the roll. system in the past. I presented, during The Senator from Delaware. Mr. REID. I announce that the Sen- the course of the debate last night, a Mr. ROTH. Mr. President, I ask unan- ator from Maryland (Ms. MIKULSKI) is letter from the Director of Testing and imous consent that the next votes in necessarily absent. Evaluation in the Department of De- the series be limited to 10 minutes The result was announced—yeas 81, fense, Mr. Philip Coyle, in which he each. nays 18, as follows: writes to me and says:

VerDate 11-MAY-2000 00:42 Jul 14, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JY6.010 pfrm01 PsN: S13PT1 S6592 CONGRESSIONAL RECORD — SENATE July 13, 2000 This letter is to support your effort to re- Missle defense deployment requires A missile defense system that under- inforce the need for realistic testing of the enormous public commitment—not un- mines our Nation politically, economi- National Missile Defense System. like our effort to put a man on the cally, and strategically—without It is very clear to the Pentagon, as it Moon. strengthening our defense—is no de- is to those who listened to the debate While success can never be guaran- fense at all. last night, that this is not a friendly teed, American people have a right to The American people have a right to amendment nor an amendment that know that success is possible—before know that—if we deploy a national sets out to end the national missile de- we commit $60 billion, or more, to it. missile defense system—it will work. fense system. This is an amendment The President must have confidence The Durban amendment will take a big which asks for the facts and asks for the system will work. Also, critically step toward providing them with that the reality. I hope Senators will sup- important, our adversaries must know assurance. We should adopt it. port it. a national defense system will work. Mr. MOYNIHAN. Mr. President, 50 Mr. DASCHLE. Mr. President, I come A deterrent is not effective if en- Nobel laureates signed an open letter to the floor this morning to voice my emies can be confident it may not, or to President Clinton on July 6, 2000, support for perhaps the most impor- will not, work. If tests demonstrate for urging him to reject a proposed $60 bil- tant amendment—on one of the most the world that the United States has a lion missile defense system. I ask that important bills—the Senate will con- strong missile defense system, our ad- the letter may be printed in the sider this year. versaries are much less likely to want RECORD. National missile defense is one of the to test our defenses. There being no objection, the letter most critical defense issue facing this Another reason assurances are need- was ordered to be printed in the nation. ed: Increasing number of studies that RECORD, as follows: It is probably one of the more politi- raise questions about whether current cally charged issues as well. missile defense testing program can JULY 6, 2000. Despite political sensitivity and, PRESIDENT WILLIAM JEFFERSON CLINTON, provide future leaders with adequate The White House, Washington, DC. frankly, political risk, Senator DURBIN level of confidence. DEAR MR. PRESIDENT: We urge you not to has looked carefully at the facts, and Philip Coyle III, the Pentagon’s Di- make the decision to deploy an anti-ballistic at the arguments on all sides of this rector of Operational Testing and Eval- missile system during the remaining months issue. His amendment reflects a bal- uation, issued a report to Congress ear- of your administration. The system would anced measured approach that I believe lier this year. The report concluded the offer little protection and would do grave should be endorsed by both supporters pre-deployment tests will not be con- harm to this nation’s core security interests. and opponents of a missile defense sys- ducted ‘‘in a realistic enough manner We and other independent scientists have tem. to support acquisition decisions.’’ long argued that anti-ballistic missile sys- The Senate should adopt the Durbin A recent report by MIT found that tems, particularly those attempting to inter- cept reentry vehicles in space, will inevi- amendment for two reasons: What it relatively simple countermeasures tably lose in an arms race of improvements doesn’t say. And what it does say. could defeat the planned NMD sys- to offensive missiles. What the amendment doesn’t say is tem—and that current testing is not North Korea has taken dramatic steps to- whether a missile defense system is a capable of evaluating the operational ward reconciliation with South Korea. Other good idea, or a bad idea. effectiveness of the system against dangerous states will arise. But what would Frankly, I believe we do not have likely countermeasures. This is a crit- such a state gain by attacking the United enough information yet to make that ical deficiency. States except its own destruction? call. The Durbin amendment actually Technical experts warn that any While the benefits of the proposed anti-bal- presumes a NMD system will be de- emerging ‘‘missile state’’ that is capa- listic missile system are dubious, the dan- gers created by a decision to deploy are ployed. But it does not address the ble of deploying a long-range ballistic clear. It would be difficult to persuade Rus- issue of whether it should be deployed. missile is also capable of building sia or China that the United States is wast- What the Durbin amendment does countermeasures that could defeat a ing tens of billions of dollars on an ineffec- say, it says well. Simply put, this NMD system. tive missile system against small states that amendment says that before we com- The intelligence community released are unlikely to launch a missile attack on mit $60 billion—or more—to deploy a a report last year on ‘‘Foreign Missile the U.S. The Russians and Chinese must national missile defense system, we Development and the Ballistic Missile therefore conclude that the presently must be confident the system will Threat to the United States through planned system is a stage in developing a work. Nothing more, nothing less. 2015.’’ The report warned that emerging bigger system directed against them. They may respond by restarting an arms race in Americans have a right to know that ‘‘missile states’’ could develop counter- ballistic missiles and having missiles in a their tax dollars aren’t being wasted on measures such as decoy balloons by the dangerous ‘‘launch-on-warning’’ mode. a system that cannot work. And we time they flight test their first long- Even if the next planned test of the pro- have a responsibility to provide them range missiles. posed anti-ballistic missile system works as with that assurance. They could also acquire counter- planned, any movement toward deployment The Durbin amendment says that be- measure technologies from Russia and would be premature, wasteful and dangerous. fore a national missile defense system China—both of whom possess such Respectfully, can be declared operational, the sys- technologies, and both of whom strong- Sidney Altman, Yale University, 1989 Nobel Prize in chemistry. tem must be tested against measures ly oppose a U.S. NMD system. Philip W. Anderson, Princeton University, our enemies can be expected to take to Reasons to oppose amendment? I can 1977 Nobel Prize in physics. defeat it, and the Secretary of Defense think of only one reason to oppose this Kenneth J. Arrow, Stanford University, must prepare a report for Congress on amendment: Belief that we should de- 1972 Nobel Prize in economics. the ability of the NMD system to de- ploy an NMD system at any cost. Re- Julia Axelrod, NIH, 1970 Nobel Prize in feat these countermeasures. gardless of whether the system can medicine. The amendment also reconvenes the work. Regardless of the cost to Amer- Baruj Benacerraf, Dana Farber Cancer ican taxpayers. Regardless of the ef- Inst., 1980 Nobel Prize in medicine. Welch panel, an independent review Hans A. Bethe, Cornell University, 1967 panel chaired by General Welch, to as- fects deployment could have on our re- Nobel Prize in physics. sess countermeasure issues and deliver lationships with our allies. Regardless J. Michael Bishop, University of Calif., San a report on findings to both the De- of how it might escalate an inter- Francisco, 1989 Nobel Prize in medicine. fense Department and the Congress. national nuclear arms race. Regardless Nicolaas Bloembergen, Harvard University, Why are such assurances needed? of everything. 1981 Nobel Prize in physics. Deployment of a national missile de- I understand that there are some who Paul D. Boyer, UCLA, 1997 Nobel Prize in fense system would signal a dramatic feel this way. Frankly, I cannot under- chemistry. change in the deterrent strategy this stand this sort of thinking. They Steven Chu, Stanford University, 1997 Nobel Prize in physics. Nation has followed successfully for wouldn’t buy a car before test-driving Stanley Cohen, Vanderbilt University, 1986 over 40 years. Moving to new strategy it. Why in the world would they buy a Nobel Prize in medicine. dependent on defenses is not without $60 billion defense system before know- Leon N. Cooper, Brown University, 1972 risks. ing that it can work? Nobel Prize in physics.

VerDate 11-MAY-2000 04:20 Jul 14, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G13JY6.013 pfrm01 PsN: S13PT1 July 13, 2000 CONGRESSIONAL RECORD — SENATE S6593 E. J. Corey, Harvard University, 1990 Nobel The PRESIDING OFFICER. The Sen- AMENDMENT NO. 3753 Prize in chemistry. ator from Mississippi. Mr. ROCKEFELLER. Mr. President, I James W. Cronin, University of Chicago, Mr. COCHRAN. Mr. President, the am pleased that the Senate has taken 1980 Nobel Prize in physics. an important step toward protecting Renato Dulbecco, The Salk Institute, 1975 Durbin amendment is unnecessary. It Nobel Prize in medicine. purports to direct the manner and de- the lives and property of all Americans Edmond H. Fischer, Univ. of Washington, tails of a missile testing program that with the passage of the Firefighter In- 1992 Nobel Prize in medicine. the Secretary of Defense is committed vestment and Response Enhancement Val L. Fitch, Princeton University, 1980 to conduct already. Act. I am proud today to join with Sen- Nobel Prize in physics. This amendment is an unprecedented ators DODD and DEWINE as a cosponsor Robert F. Furchgott, Suny Health Science effort by the Senate to micromanage a of this legislation. I wish to thank Sen- Ctr., 1998 Nobel Prize in medicine. ator DODD and Senator DEWINE for the Murray Gell-Mann, Santa Fe Institute, weapons system testing program. In no 1969 Nobel Prize in physics. other program has the Senate tried to leadership and effort they have shown Ivar Giaever, Rensselaer Polytechnic Insti- legislate in this way to dictate to DOD on behalf of the men and women serv- tute, 1973 Nobel Prize in physics. how a classified national security test- ing as firefighters across the nation. I Walter Gilbert, Biological Laboratories, ing program should be conducted. would also like to commend the many Cambridge, Mass., 1980 Nobel Prize in chem- The directions to DOD in this amend- other Senators who already have istry. ment are vague. They would inevitably signed on as cosponsors of this impor- Sheldon L. Glashow, Boston University tant legislation. 1999 Nobel Prize in physics. lead to confusion and unnecessary Roger C. L. Guillemin, The Salk Institute, delays in the development of this com- The Firefighter Investment and Re- 1977 Nobel Prize in medicine. plex, but very important, capability to sponse Enhancement Act seeks to ad- Herbert A. Hauptman, The Medical Foun- defend our Nation against a serious dress the enormous amount of fiscal dation of Buffalo, 1985 Nobel Prize in chem- threat. I urge the Senate to reject this need faced by our nation’s fire depart- istry. amendment. ments, both paid and volunteer, and Dudley R. Herschbach, Harvard University, I move to table the amendment and does so with an eye to the human costs 1986 Nobel Prize in chemistry. incurred by both firefighters and the Roald Hoffman, Cornell University, 1981 ask for the yeas and nays. Nobel Prize in chemistry. The PRESIDING OFFICER. Is there a general public these brave men and David H. Hubel, Harvard University, 1981 sufficient second? women protect every day. Every year, Nobel Prize in medicine. There appears to be a sufficient sec- more than 4,000 people are killed and Jerome Karle, Naval Research Laboratory, ond. 24,000 are injured by fire in the United 1985 Nobel Prize in chemistry. The question is on agreeing to the States. Sadly, about 660 of those killed Arthur Kornberg, Stanford University, 1959 motion. The clerk will call the roll. each year are children. One hundred of Nobel Prize in medicine. Edwin G. Krebs, University of Washington, The legislative clerk called the roll. the individuals who lose their lives to 1992 Nobel Prize in medicine. The result was announced—yeas 52, fire each year are firefighters, the very Leon M. Lederman, Illinois Institute of nays 48, as follows: men and women who are fighting to Technology, 1988 Nobel Prize in physics. [Rollcall Vote No. 178 Leg.] protect others. Many of these deaths Edward B. Lewis, Caltech, 1995 Nobel Prize YEAS—52 and injuries could be avoided by simply in medicine. using the technology and equipment Rudolph A. Marcus, Caltech, 1992 Nobel Abraham Frist Murkowski Allard Gorton Nickles that while currently available, is often Prize in chemistry. Ashcroft Gramm Roberts Franco Modigliani, MIT, Sloan School, 1985 so expensive that fire departments are Bennett Grams Roth unable to purchase it. Similarly, many Nobel Prize in economics. Bond Grassley Santorum Mario Molina, MIT, 1995 Nobel Prize in Brownback Gregg Sessions of the deaths and injuries could be chemistry. Bunning Hagel Shelby avoided with increased efforts at fire Marshall Nirenberg, NIH, 1968 Nobel Prize Burns Hatch Smith (NH) prevention and training. Fire depart- in medicine. Campbell Helms Smith (OR) Chafee, L. Hutchinson Specter ments in many of our towns and cities Douglas D. Osheroff, Stanford University, spend the bulk of their entire budgets 1996 Nobel Prize in physics. Cochran Hutchison Stevens Coverdell Inhofe Thomas Arno A. Penzias, Bell Labs, 1978 Nobel on administrative costs and compli- Craig Kyl Thompson ance with existing safety regulations, Prize in physics. Crapo Lott Thurmond Martin L. Perl, Stanford University, 1995 DeWine Lugar Voinovich and can simply not afford the available Nobel Prize in physics. Domenici Mack Warner safety equipment and training. As a Norman F. Ramsey, Harvard University, Enzi McCain consequence, far too many volunteer 1989 Nobel Prize in physics. Fitzgerald McConnell firefighters and EMTs are forced to pay Burton Richter, Stanford University, 1976 NAYS—48 for their own training because their de- Nobel Prize in physics. Richard J. Roberts, New England Biolabs, Akaka Edwards Levin partments simply do not have enough Baucus Feingold Lieberman 1993 Nobel Prize in medicine. money to have them trained. Bayh Feinstein Lincoln West Virginia fire departments share Herbert A. Simon, Carnegie-Mellon Univ., Biden Graham Mikulski 1978 Nobel Prize in economics. Bingaman Harkin Moynihan in this enormous need for additional Richard R. Smalley, Rice University, 1996 Boxer Hollings Murray funding. There are about 16,000 fire- Nobel Prize in chemistry. Breaux Inouye Reed fighters in West Virginia serving in 437 Jack Steinberger, CERN, 1988 Nobel Prize Bryan Jeffords Reid fire departments. Virtually every one in physics. Byrd Johnson Robb James Tobin, Yale University, 1981 Nobel Cleland Kennedy Rockefeller of those departments are underfunded. Collins Kerrey Sarbanes Prize in economics. West Virginians were forced to cope Conrad Kerry Schumer with almost $73 million of property Daniel C. Tsui, Princeton University, 1998 Daschle Kohl Snowe Nobel Prize in physics. Dodd Landrieu Torricelli damage due to fires in 1999. More im- Steven Weinberg, University of Texas, Aus- Dorgan Lautenberg Wellstone portantly, 45 civilians were killed and tin, 1979 Nobel Prize in physics. Durbin Leahy Wyden two firefighters were killed in the line Robert W. Wilson, Harvard-Smithsonian, The motion was agreed to. of duty. Much of the loss of life and Ctr. for Astrophysics, 1978 Nobel Prize in Mr. COCHRAN. I move to reconsider property, and many of these injuries physics. Chen Ning Yang, Suny, Stony Brook, 1957 the vote. could have been avoided if fire depart- Nobel Prize in physics. Mr. WARNER. I move to lay that mo- ments had the funds to deal with emer- Owen Chamberlain*, University of Cali- tion on the table. gencies as effectively as possible and to fornia, Berkeley, 1959 Nobel Prize in physics. The motion to lay on the table was establish prevention programs. Johann Diesenhofer*, University of Texas agreed to. Over the past few months, my state Southwestern Medical Center, 1988 Nobel The PRESIDING OFFICER. S. 2549 is has grieved the tragic loss of two fire- Prize in chemistry. now considered read a third time. fighters whose deaths may well have Willis E. Lamb, Jr.*, Stanford University, 1955 Nobel Prize in physics. The Senate will now proceed to H.R. been prevented if their departments *These laureates signed the letter within 4205. The text of S. 2549 is substituted had access to grants available under S. hours after the letter was delivered to the therefore, and the bill is considered 1941. Angelo ‘‘Wayne’’ Shrader, a fire- White House. read a third time. fighter with the East River Volunteer

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