Hearing of the House Judiciary Committee: FBI Oversight

Statement

REP. BILL DELAHUNT (D-MA): I thank you, Mr. Chairman.

I welcome, Mr. Director. Let me echo the compliments, I think it was Mr. Nadler that sent your way earlier. I was watching his testimony. And let me say that I'm pleased with the report of the inspector general regarding the FBI's behavior in terms of enhanced interrogation techniques at Guantanamo. And I also read the two-part series reviewing the work on The Washington Post. And you are to be commended personally as well as the agency.

REP. DELAHUNT: I'd like to just have a conversation for my limited time about, how do we improve the efficacy of oversight in terms of this committee and the bureau? I would like you to go back to your office and reflect on how together we could accomplish that.

I think you heard the chair of the full committee in his opening remarks. His frustration was palpable. It's clear that the bureau has a significant investment in how it's perceived, not just here in Congress but, more importantly, by the American people. Because if there is a lack of confidence, it's dangerous because the bureau and the Department of Justice are integrated into the judicial branch in some aspects, obviously.

And I share that frustration. And we need timely oversight to reassure the public that the bureau, with its power and its lack of transparency simply because of its mission in many respects, is being conducted. I think we have to address that.

And let me suggest to the chair -- before I get to talking with Mr. Conyers, let me note that, as you're aware, Mr. Lungren and I have had an interest and we've had discussions with you personally on the issue of informant guidelines. I appreciate that. I hope to have further discussions with you on that matter. But the new attorney general's secret guidelines, at this point in time, even if they were adopted, what kind of assurances will the American people have and this committee that they're being fully complied with? That goes to the significance of vigorous, timely oversight. Not that we're questioning the integrity of individuals in the FBI, but we know from our experience as a democracy that checks and balances work. Otherwise, we put our democracy at risk.

But as I was suggesting to you, this format doesn't work -- five minutes, an appearance once or twice a year by yourself or even your designee in an open session. I would ask you to consider designating individuals within the bureau to constantly communicate with members of the staff -- will be vetted and preapproved by the chair and the ranking member -- to maintain a constant flow of and exchange of information.

There are so many issues to attend to. We're busy here. We leave here, and we're on to something else. A five-minute rule doesn't work. We're not going to get the kind of information that's necessary in a short, brief exchange like this.

And I would encourage the chair to consider reviewing the rules of the committee, whether it's extending the time for questioning, whether it's having staff or individual members interview FBI prior to public hearing so that we know what we're getting into, whether it's the creation of a subcommittee, under your direction, to focus in on specific areas of significant concern as is constantly being brought up but it's not working.

And I'm not suggesting that it's the responsibility exclusively of the FBI, the Department of Justice or, clearly, this particular director, whom I've worked with in the past and for whom I have respect. But it isn't working. And I think it's important that we work together to ensure that there's vigorous, timely oversight so that the American people feel confident that a system of checks and balances is working in terms of an agency that, by its very nature, operates with limited transparency.

I for one would be willing -- I chair Oversight on Foreign Affairs. We have different rules there, which basically is we have no rules. We just go on and on and on and Mueller would be there for an hour and a half. But I think it's much more effective. And I really do think that it's time that we reconsider revising our rules and maybe even adding an additional subcommittee that you could appoint a chair to that would report to you directly because it's not working now.

And with that, Mr. Chairman, I yield back.

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