S2222 CONGRESSIONAL RECORD — SENATE March 13, 1997 agreed to seek the authorization for 12 MORNING BUSINESS unit had misrepresented Weaver’s new appellate judgeships, 26 trial court The PRESIDING OFFICER. Under record. They said he had a prior record judgeships, and 18 bankruptcy court the previous order, there will now be a of convictions, which was false. They judgeships, over and above the 93 va- period for the transaction of morning said he was a suspect in a bank robbery cancies that exist today. This is going business for not to extend beyond the case, which was false. That brought the to become an increasingly important hour of 12:30 p.m., with Senators per- hostage rescue team from the FBI and matter for the Senate. the killing of a U.S. Marshal, William mitted to speak therein for not to ex- I intend to work closely with the ma- Deacon, the killing of Mrs. Randy Wea- ceed 5 minutes each. jority leader to see if we can’t resolve ver and their son, Sam Weaver, age 14. the question of nominations and con- Under the previous order, there will To the credit of FBI Director Freeh, firmations relating to judges. I appre- be 1 hour under the control of the Sen- he was willing to concede the errors. ciate very much his leadership and co- ator from New Mexico. He changed the rules of engagement, he operation that he has demonstrated in Mr. FRIST addressed the Chair. changed the FBI standards on use of working through the Cabinet-level ap- The PRESIDING OFFICER. The Sen- deadly force, and he changed the use of pointments that we have been able to ator from Tennessee. the hostage rescue team. This was in address so far this year. Mr. FRIST. Mr. President, I ask stark contrast to what the Alcohol, To- Mr. President, I will also say, in talk- unanimous consent 10 minutes be bacco, and Firearms did. They would ing with a number of my colleagues yielded to me from the time of the Sen- not concede their errors. The Depart- who want the opportunity to express ator from New Mexico. I request about ment of the Treasury, which managed themselves on the constitutional 8 minutes. Alcohol, Tobacco, and Firearms, stood amendment, I am not sure that our The PRESIDING OFFICER. Without by their conduct, even though it was side will be prepared to agree to a time objection, it is so ordered. palpably wrong, as disclosed in the ex- certain for a vote today, but I will cer- (The remarks of Mr. FRIST, Mr. DO- tensive hearings the subcommittee had tainly work with the distinguished ma- MENICI, Mr. BENNETT and Mr. SPECTER over the course of 2 months, 16 hear- jority leader to see if we can’t find a pertaining to the submission of Senate ings, and a long report in excess of 150 mutually convenient time with which Resolution 63 are located in today’s pages. to begin bringing this debate to a close. RECORD under ‘‘Submission of Concur- I have seen what Director Freeh has Mr. LOTT. Will the distinguished rent and Senate Resolutions.’’) done in combating domestic violence in Senator yield? Mr. SPECTER. Mr. President, in the the Oklahoma City bombing, and I Mr. DASCHLE. Yes, I will yield. absence of any other Senators on the have seen what the FBI has done in the Mr. LOTT. Mr. President, if we need floor seeking recognition, I ask unani- Unabomber case. Where the FBI has additional time, we can have time to- mous consent to proceed as in morning made mistakes, Director Freeh has morrow and could even have some time business for a period of up to 10 min- come forward and conceded that. on Monday for debate. I am not trying utes. Where there was unwarranted publicity to push it to an early conclusion. I just The PRESIDING OFFICER. Without on the Atlanta Olympics pipe bomb want to make sure Members are aware objection, it is so ordered. case, for example, when someone un- that when everybody feels like they f fairly leaked information, Director have had their say, we will be prepared Freeh conceded that a mistake was to set the vote, whether it is this after- SUPPORT FOR THE FBI made. noon or Tuesday. Mr. SPECTER. Mr. President, I have While I applaud his concessions on Mr. DASCHLE. Mr. President, if I the unfair publicity, I have problems sought recognition to voice support for can regain the floor for a moment to with our inability to properly conduct FBI Director Louis Freeh, who has say, given the accommodation of the oversight on that Atlanta pipe bomb- been subject to some criticism in a va- majority leader, I think it is impera- ing case. We have not been able to riety of quarters, including on the floor tive that we use this time. I was move that ahead. So that when I evalu- pleased yesterday. I don’t think there of the U.S. Senate. I do so as someone ate Director Freeh, I do so in the con- was a quorum call, and I think it was who is thoroughly familiar with the text of someone who sees problems and indicative of the kind of interest there work of FBI Director Freeh and of his has been critical, as well as someone is on the issue and the kind of debate organization. I have worked with the who praises the Bureau’s overall per- that it generated. I hope we don’t see Federal Bureau of Investigation for formance. quorum calls today. I hope we can many, many years, going back to my Director Freeh has been criticized on maximize the use of the time. I think days as an assistant district attorney the so-called VANPAC case, which in- we all know the outcome of this de- of Philadelphia, when I prosecuted the volved the murder of a Federal judge bate, so it isn’t necessarily the out- Local 107 Teamsters and got the first and a civil rights leader. Director come that is driving the interest as conviction of teamsters resulting from Freeh prosecuted this case—he has had much as just the philosophical ap- the McClellan committee investiga- a very remarkable career as an assist- proach we take to a very important tion. I worked with the FBI as an as- ant U.S. Attorney, a Federal judge, and issue. sistant counsel on the Warren Commis- he left the Federal bench to become Di- But, nonetheless, I appreciate very sion. I have seen a great deal of the rector of the FBI. He was recently much the majority leader’s interest in FBI’s work since being in the Senate criticized because there were alleged accommodating Senators to allow for and working as a member of the Judici- errors made by the FBI laboratory in the debate and we maximize the use of ary Committee. connection with the VANPAC case. the time. I yield the floor. I think the FBI does a good job—not The FBI laboratory has admittedly had Mr. LOTT. Mr. President, I suggest a perfect job, not a job without sub- the absence of a quorum. serious problems. That was one of the stantial problems, and not a job where, aspects that was investigated by the The PRESIDING OFFICER. The on some occasions, they don’t make clerk will call the roll. Senate subcommittee on Ruby Ridge, mistakes, but a good job. I have seen The legislative clerk proceeded to because there were problems with their Director Freeh’s work in some detail, call the roll. work there, as well. Mr. FRIST. Mr. President, I ask specifically, on the oversight hearings As the prosecuting attorney in that unanimous consent that the order for that the Senate Subcommittee on Ter- criminal prosecution, Director Freeh the quorum call be rescinded. rorism conducted on Ruby Ridge, relied on evidence from the FBI labora- The PRESIDING OFFICER. Without where I served as chairman. tory, some of which may have been objection, it is so ordered. Ruby Ridge was a national tragedy. faulty. But when Director Freeh found f Randy Weaver did some things he out that that was an area of concern in should not have done, but he didn’t de- September of 1995, he recused himself RESERVATION OF LEADER TIME serve the armada of law enforcement from the investigation of the FBI lab- The PRESIDING OFFICER. Under that descended on his mountain in oratory. That means he took himself the previous order, the leadership time Idaho. That was a sad story, because out of the case and did not pass judg- is reserved. the Alcohol, Tobacco, and Firearms ment on it. March 13, 1997 CONGRESSIONAL RECORD — SENATE S2223 The inspector general, who is about been trying to get an oversight hearing vouchers to States for families which as independent as you can be within since October-November. I am not de- earn up to 235 percent of the poverty the Federal branch—has been looking lighted with what the FBI has done on level to purchase health insurance in into the FBI laboratory. We have these that in terms of not being as respon- the marketplace. inspector generals in a variety of de- sive as I think they might be. They Later today I am going to have a partments. My legislation brought the have internal investigations which are news conference with the Brandt fam- inspector general to the CIA, the only really very difficult and which delay ily from Pennsylvania, because they reform legislation coming out of the congressional oversight. But overall are illustrative of this issue. I would Iran-Contra affair. Inspectors general my view is that Director Freeh has now like to discuss the key elements of are not perfect because it is hard to be done a good job. And when you pick up my proposal and why I have asked the totally independent. But to the extent some of these matters on the FBI lab- Brandts to travel to Washington today. you can have independence, the IGs are oratory, I think he has provided appro- Mr. President, it is no less true for independent. They report directly to priate management and appropriate being a commonplace that nothing Congress. They are as good a mecha- oversight. could be more important to our Nation nism as you can have for that sort of Mr. President, I think my time has than our children. I am introducing an investigation, unless you have con- probably lapsed. But in the absence of today legislation aimed at beginning to gressional oversight. There ought to be any other Senator on the floor, I ask fill an enormous and unacceptable gap more of that. unanimous consent for an additional 10 in our country’s support for the health But, at any rate, Director Freeh did minutes to proceed as if in morning and well-being of our children. what was possible by recusing himself business. Mr. President, as President Clinton and referring the matter to the inspec- The PRESIDING OFFICER. Without discussed during the State of the Union tor general, who brought in five inde- objection, it is so ordered. Address last month, there are today pendent scientists. He has been out of The Senator from Pennsylvania is approximately 10 million American the case, and he is prepared to make recognized. children who have no health insurance whatever changes are necessary within Mr. SPECTER. I thank the Chair. coverage from any source—private or the FBI laboratory. f public—and who therefore lack access The FBI is currently conducting a to the kinds of preventive and primary HEALTHY CHILDREN’S PILOT very sensitive investigation on cam- care services which can be the dif- PROGRAM ACT OF 1997 paign irregularities, which may go to ference between staying healthy and the highest levels of Government. Not Mr. SPECTER. Mr. President, today I getting sick or between minor illness a great deal can be said about that in- am introducing legislation directed at and serious, disabling or even mortal vestigation at this time. But from providing health coverage to children illness. what I have observed Director Freeh who lack health insurance in America. Now, let me say at the outset that has been independent, has been forth- This issue has been recognized as one this is not a Republican or Democrat right, and has done his job in a profes- of the leading—if not the leading— issue. Our two parties do have different sional way. In that kind of an inves- problems on incremental health cov- approaches to the roles and the cost of tigation there are inevitable pressures, erage in America today. I am glad that our Federal Government but there is either express or implicit. I have some President Clinton’s health care plan not one party that cares about kids and familiarity with what the Bureau is proposed in 1993 was not adopted. That one party indifferent to our childrens’ doing and what the Director is doing. I was a matter that was fought out on health. Let us work constructively on have confidence in him. I do so with the Senate floor in some great detail in this and actually address the problem some understanding of investigative 1994. I participated in that debate. rather than just trying to wrack up po- work on grand juries and criminal mat- When I read President Clinton’s health litical points. ters and the kind of sensitivity which plan, I was amazed by the number of As with most statistics conjured up is involved. There are matters on agencies, boards, and commissions, and for social policy debates, the Presi- which I consult with him with some asked an assistant to make a list of all dent’s figure of 10 million uninsured frequency in terms of oversight. of them. My assistant made a chart in- children needs further discussion to get As of this moment, I am not yet sat- stead of a list. I had that chart on this to the heart of the matter. Of these 10 isfied with what has been done on Ruby floor and many other places, and I million uninsured, approximately 3 Ridge. The Department of Justice has shall spare you the chart today. Bob million children live in families with conducted an investigation on a num- Woodward of the Washington Post said incomes which make them eligible for ber of the FBI agents, one of whom was that chart was the key factor in defeat- Medicaid. I support outreach efforts by the former Deputy Director, Larry ing the Clinton health care plan be- the States to enroll these children in Potts. It may well be as I said, in those cause it showed on one page in red Medicaid but, because coverage is ac- hearings, that Director Freeh did not more than 100 new agencies, boards, cessible to these families if they avail exercise the best judgment with re- and commissions, and in green about 50 themselves of it, this problem is not spect to Deputy Director Potts. But at existing bureaus giving new jobs. Then the gaping hole in our health care sys- the same time I have said publicly that we proceeded, I think wisely, with the tem of which I spoke a moment ago. Deputy Director Potts and others are Kassebaum-Kennedy bill on incremen- Likewise, of the 10 million uninsured entitled to have the matter resolved, tal health coverage. Now I think we children, another approximately 3 mil- and that the Department of Justice has need to go ahead and provide for cov- lion live in families with incomes been investigating that since the fall of erage for children in America. greater than the median household in- 1995—some 18-month lapse—which is Very briefly, let me summarize my come. There are even uninsured chil- unwarranted. I know that case thor- proposal before going into specifics. It dren in more than a few high income oughly because of the hearings we had. is said that there are 10 million chil- families. I know investigative practice. That dren who lack health insurance. My Those numbers are deeply disturbing, matter should have been concluded. analysis shows that there is a critical but I see them as a clarion call for That is not a matter under Director group, perhaps the most critical group, greater parental responsibility, rather Freeh’s purview. It is in the Depart- of some 4 million children which my than for legislative or governmental ment of Justice. bill addresses in an incremental way; 3 action. I know it is easy for those of us I recently wrote to the Attorney million other children are eligible for with substantial incomes and em- General complaining about the delays Medicaid coverage but not enrolled, ployer-paid health benefits—such as we and got an unresponsive response say- and 3 million other children are in fam- here in the Senate—to preach to fami- ing that the investigation will take ilies which would not be eligible for lies without these protections, but I several more months due to the com- health insurance under my plan be- cannot imagine any higher priority for plicated nature of this matter. It is not cause their family income levels are a family with any more than just all that complicated. We have the At- too high. My legislation will provide a enough income to keep food on the lanta pipe bomber case where I have pilot program which would provide table and a roof over their heads than