December 20, 2018
Reviewing Oversight by the Judiciary Committee
the Senate Record by Senator Chuck Grassley of Iowa
Senate Judiciary Committee
Oversight by the Judiciary Committee
December 20, 2018
is one of the most important responsibilities of this Legislative Branch. The
Constitution requires it. Without oversight, the Members of this body cannot
legislate in the best interests of their constituents. Nor can they ensure the
government is accountable to the taxpayers.
whatever capacity I have served my own fellow citizens of Iowa over the years,
I have always strived to faithfully carry out my duty to conduct oversight. The
same is true of these last four years that I have been honored to serve as the
Chairman of the Judiciary Committee.
agencies under the Committee’s jurisdiction are some of the most powerful, and
most consequential, in the Executive Branch. Our nation’s law enforcement
agencies have the authority to seek to search and seize our property and review
our communications. When warranted, they may bring charges that can
result in disgorgement of financial resources or loss of personal
liberty. That’s because these agencies have the equally weighty responsibility
to protect us from criminal and intelligence threats of all stripes.
agencies help protect the taxpayer from fraud, hunt down violent offenders and
fugitives, protect our senior leaders and judges, and dismantle illicit
networks that traffic in illegal drugs, endangered wildlife, and worst of all,
human beings. They safeguard our borders, secure our transportation and
cyber networks, and return kidnapped children to their families.
just a fraction of the many responsibilities of the Departments of Justice and
Homeland Security. I am grateful for the faithful public service of
thousands of law enforcement agents, analysts, lawyers, engineers, scientists,
officers, managers, and other employees who make up these agencies. And
that includes, especially, those individuals who have not only done their jobs,
but have truly gone above and beyond.
lot of times they don’t like being called whistleblowers, because they never
meant to be whistleblowers. But these employees—hundreds of them in the
last four years—have courageously raised their hands and disclosed waste,
fraud, abuse, mismanagement, and all sorts of misconduct. I could not
have fulfilled my oversight responsibilities without them.
of whistleblowers, the Committee uncovered a pattern of wasteful spending at
the U.S. Marshals Service. It turns out, the Marshals Service spent
$22,000 on a conference table for the Asset Forfeiture Division’s headquarters
in Arlington, Virginia, and $50,000 a month on a lavishly furnished training
facility in Houston, Texas that was used for only a few weeks out of the
year. Thanks to the whistleblowers and the work done by this Committee,
I’m happy to report that the Marshals Service closed that facility earlier this
have also highlighted examples of gross mismanagement within the agency.
For example, we know that last year roughly 2,000 deputy marshals were using
expired or soon to be expired body armor. We also uncovered instances of
unfair hiring practices and other serious ethical violations. In total,
over 100 whistleblowers from the U.S. Marshals Service courageously came
forward. I thank them for their bravery and commitment to government
supervisors ignored their warnings, whistleblowers at the Department of
Homeland Security came forward to raise awareness on how smugglers prey on
unaccompanied minors and migrants. A courageous whistleblower told my
office that Health and Human services were not conducting thorough background
checks on sponsors before they took custody of the children. Now, all
sponsors, and those living with sponsors, are fingerprinted before they can
bring a child home. This whistleblower also reported a dangerous tactic used by
smugglers to pair kids with unrelated adults to create the appearance of family
units. Smugglers would use kids like pawns in an effort to help adults
avoid detention when coming across our border. Now, United States government
officials are working with their counterparts in Mexico to investigate and
crack down on the smuggling that occurs on the lengthy journey to the United
also contacted my office during the Obama Administration about criminals who
should be ineligible for DACA, but due to an oversight by the Department, were
still receiving benefits, like work authorization. Scrutiny of the program led
to more thorough recurrent vetting by the U.S. Citizenship and Immigration
to more than 10 whistleblowers at the Bureau of Alcohol, Tobacco, and Firearms
who courageously reported that their sexual harassment claims were being buried
internally, then-Attorney General Lynch updated the sexual harassment policy
and a problematic official in internal affairs was replaced. The GAO is
currently assessing how reports of abuse are reviewed and adjudicated at ATF.
have also had the pleasure of working with a number of whistleblowers at the
Department of Veterans Affairs that have had the courage to stand up and do
what’s right. Most recently, my office worked with Brandon Coleman after
he was put on administrative leave for more than a year and kept from running
an addiction treatment program for veterans. Brandon’s only “mistake” was
to point out poor treatment of suicidal veterans. Eventually, after a
concerted effort by my office, Senator Johnson, and the Office of Special
Counsel, Brandon was provided a new position within the VA’s Office of
Accountability and Whistleblower Protection. That’s how it should be
the False Claims Act isn’t new, I want to point out that is still working hard
for the taxpayers. Because of the 1986 amendments to the Act, and all of
our efforts to strengthen it, whistleblowers were empowered to help the
government fight fraud. In the last four years, thanks largely to
whistleblowers, the government has recovered $17 billion under the False Claims
makes $56 billion since the 1986 amendments.
are only a few examples of what has been achieved because of whistleblowers.
They’ve saved our money, made us safer, and held our government
leading to better legislation
oversight efforts have also helped us write better laws.
my investigations, I learned about problems with how the Department of Veterans
Affairs reports veterans to the national gun ban list, called the NICS
list. Once you’re on the list you can no longer own and possess a
firearm. And there’s an unfair double standard at work here. The VA never
determines a veteran to be dangerous before taking away firearms. But to
get their firearms back, the veteran is required to prove that they are not
Obama Social Security Administration created a rule that would allow it to
report beneficiaries to the NICS list without ever finding the beneficiaries to
be mentally ill or dangerous. Just like what the VA does to
veterans. If the federal government is going to attempt to take away a
citizen’s fundamental constitutional right, it better have one heck of a
compelling reason to do so. If a person isn’t mentally ill, dangerous, or
subject to some other federal restriction, then the government is on shaky
Obama Social Security regulation was a pure and simple unconstitutional
gun-grab. So, I worked to pass legislation with bipartisan support to
terminate the regulation, 57-43.
also worked to pass strong legislation to support the critical work done by
inspectors general. In 2016, a broad bipartisan coalition of legislators
passed the Inspector General Empowerment Act that reiterated Congress’s intent
that IGs be able to access ALL agency records.
also gave IGs better tools that enable them to do their jobs more effectively,
including the ability to conduct investigations without getting agency
approval. It also strengthened public reporting requirements to ensure as
much transparency as possible.
have also introduced legislation to create an IG for the federal judiciary to
offer those employees the same rights offered to their co-equal executive
branch counterparts. After holding a full Committee hearing on problems
with rampant sexual harassment in the judiciary, and raising awareness on a
lack of an effective reporting mechanism, the Administrative Office of the U.S.
Courts took a step in the right direction by creating the Judicial Integrity
hope through the establishment of this office, the AO will recognize the
importance of transparency and accountability.
example of where oversight led to a legislative solution is the Public Safety
Officers Benefit program. Enacted in 1976, this program provides survivor
benefits to the spouses and children of public safety officers who died in the
line of duty. Despite the Department’s own 1-year deadline to resolve all
claims, we found that over half of all death benefit claims were pending past
the 1-year mark. As a result, I introduced, and passed bi-partisan
legislation aimed at creating more transparency and accountability in the
administration of this program.
of the Justice Department also uncovered gross mismanagement by the Office of
Juvenile Justice and Delinquency Prevention or OJJDP for short. That office
provides millions of dollars in grants to states to assist them in addressing
juvenile delinquency. Thanks to several whistleblowers, we discovered
that OJJDP was issuing millions of dollars to noncompliant states.
introduced bipartisan legislation which would require the Justice Department to
hold states more accountable for fulfilling these grant requirements. A
few days ago, this bill unanimously passed both chambers of Congress.
leading to accountability
is a critical tool Congress must use to help hold the federal government
accountable to We the People. It is the job of Congress, which represents
the People, to ensure the government is operating above board, transparently,
and as a good steward of taxpayer resources.
course, as Chairman of the Judiciary Committee, over the last four years I have
focused extensively on the Justice Department proper and FBI. Some of
that focus has been on how the Department handled the Clinton investigation and
respect to the Clinton investigation, some of the most problematic material
discovered thus far is classified. However, as many now know, the
Department had personnel on the Clinton investigation that exhibited extreme
political bias against then-candidate Trump.
inquiry also found that the Department and FBI oddly limited the scope of
review to the time Secretary Clinton was Secretary of State, even though
evidence of obstruction would have occurred after she left the State
Department. Perhaps defying all sense of legal logic, the Department and
FBI decided to write in the element of “intent” into 18 U.S.C 793(f), which
covers the mishandling of classified information. By the FBI’s own
admission, highly classified information transited Secretary Clinton’s
unclassified non-government server that she used for government business.
any one of us did that to classified information, we’d have the book thrown at
Department and FBI also used immunity agreements at an alarming rate and
then-Director Comey began writing an exoneration statement before interviewing
Secretary Clinton and 16 other witnesses. That same exoneration statement
labeled Secretary Clinton’s actions as “grossly negligent,” a criminal standard,
which was later changed to “extremely careless,” a non-criminal standard.
told, the Clinton investigation was mismanaged to the detriment of our
country’s faith in the FBI.
the most breath taking hypocrisy we identified in the Clinton investigation is
that Comey and other FBI officials were using private email to conduct
government business while they investigated Secretary Clinton for doing the
has an obligation to shine a light on wrongdoing, and I certainly hope the
Department and FBI has learned their lesson. If not, eventually, Congress
will find out. And let me say this, our patience is wearing thin.
from the Clinton investigation, in 2015 I began looking into the Foreign Agents
Registration Act before it was made popular by Robert Mueller. FARA is a
very important law. It requires agents of foreign governments or
enterprises to register with the Justice Department so we know who they are and
who they truly work for.
is the best disinfectant. We ought to know where someone’s loyalty
held a hearing in July 2017 about the law and potential fixes to it. As a
result, I introduced the Disclosing Foreign Influence Act. That bill does
two important things: (1) it provides the Attorney General with civil
investigative demand authority; and (2) it creates oversight checks and
balances on the use of that authority.
must do whatever we can do identify foreign agents spreading propaganda and
lobbying on behalf of foreign governments. During the course of my
investigation into violations of FARA I became aware of a group of unregistered
foreign agents lobbying for the repeal of the Magnitsky Act. That law,
passed by Congress in 2012, authorized sanctions against a group of Russians
responsible for a particularly egregious case of human rights abuse.
discovered that those involved in the anti-Magnitsky lobbying effort were the
same cast of characters who organized the now infamous Trump Tower meeting in
2016. This prompted a full-scale investigation into the meeting and the reasons
May 16 of this year, I’m proud to say that the Committee released approximately
2,500 pages of transcripts, written statements, and exhibits collected during
the course of this investigation, as well as records produced by meeting
attendees who were not interviewed. Taken in their entirety, these
materials provided the public with the most complete picture of events
surrounding that meeting to date. And in the end, the evidence supported what
we had suspected all along—that the meeting was just another attempt by this
group of unregistered foreign agents trying to overturn a law that they didn’t
also conducted oversight into the FBI’s handling of its investigation into
Russian interference in the 2016 election. As a result of our and other
Committees’ investigative efforts, we now know that one of the documents used
by the FBI to establish and broaden its early investigation of President Trump
was an unsubstantiated political opposition research dossier, prepared by
Christopher Steele for the opposition research firm Fusion GPS and paid for by
the Hillary Clinton Campaign and Democratic National Committee.
Senator Graham and I described in our criminal referral of Christopher Steele
earlier this year, this dossier was used by the FBI to help justify a FISA
warrant to surveil a Trump Campaign volunteer.
am proud of the role that the Committee has played in bringing additional
details about these events into public view, both through the criminal referral
of Steele and through the official release of the Committee’s interview of
Fusion GPS founder Glenn Simpson, which took place last August.
oversight work on this Committee has also been bi-partisan. Ranking
Member Feinstein and I shared equally in the questioning of witnesses involved
in the Trump Tower meeting, and we worked together to release the results of
the Committee’s investigation in May of this year.
though I’m Chairman of Judiciary, my oversight focus extended to health care
related matters. Non-profit hospitals have been a particular
concern. One non-profit chain, called Mosaic Life-Care, had been suing
low-income patients for debts that should have been covered by the
hospital. Tax-exempt hospitals cannot be in the business of profiting off
poor people. After a 16-month inquiry, Mosaic finally changed its ways
and approved debt forgiveness for over 3,000 patients. That debt
forgiveness was worth approximately $16.9 million.
when Iowans began contacting me about the rising cost of EpiPen, I began to
investigate. In 2007 a pack of two EpiPen cost $100. By 2016 the cost
exploded to $600. In a nutshell, Mylan had classified the EpiPen as a
generic under the Medicaid Drug Rebate Program rather than a brand name
drug. Because of this incorrect classification, Mylan only had to pay a
13 percent rebate instead of a 23.1 percent rebate.
asked the Health and Human Services Inspector General to look into these
practices. The Inspector General found that the taxpayers may have
overpaid for the EpiPen by as much as $1.27 billion over 10 years because of
the incorrect classification.
Mylan settled a False Claims Act case with the Justice Department for $465
million. Upon learning of that settlement, I expressed my disappointment
that it didn’t seem the taxpayers had been made whole. On August 16,
2018, the FDA finally approved a generic EpiPen, which gives consumers more
also investigated, with Senator Wyden, Gilead’s pricing decisions for its
Hepatitis C drugs – Sovaldi and Harvoni. Our joint report was a
ground-level view of how a drug is priced and what steps some drug companies
will take to maximize profit possibly to the detriment of patients in
home social media abuse has also been a focus of mine. New technologies
offer new ways for bad conduct to occur. Steps ought to be taken to stop
that. After extensive communication with CMS about these issues, the
government issued a guideline that made clear that compromising photos and
recordings of residents is a form of abuse.
we didn’t stop there.
reading reports about spending and management problems at the Wounded Warrior
Project, I looked into that too. Reports had shown Wounded Warrior was
not spending 80.6 percent of their programs expenses on veterans in FY 2014.
My investigation found that Wounded Warrior had been incorporating
donated media and millions of dollars in fundraising to get to that 80.6
percent. A more accurate figure is about 68 percent. Americans want
the Wounded Warrior Project to be successful. And if its current leaders
are listening to this, I want to reiterate my best wishes that it help as many
veterans as possible.
also taken a keen interest in the Red Cross over the years. Most
recently, after reports of mismanaged spending after the earthquake in Haiti, I
decided it was time to look under the hood. What I found was troubling,
to say the least. My inquiry found that the Red Cross did not track costs
on a project by project basis; instead it used a complex and inaccurate process
to track spending. The Red Cross was simply unable to provide the exact
cost of each project and program in Haiti. Worst yet, my inquiry found
that the head of the Red Cross attempted to terminate a review by the
Government Accountability Office, and lied about it. I will continue to keep my
eye on the Red Cross.
my time as Chairman of Judiciary, I’ve also conducted extensive oversight of
our broken immigration system. For every major terror attack on American
soil by a foreign national, I reviewed just how the perpetrators entered the
country in the first place. What I found was that often these terrorists, and
other criminals, would lie or conceal information on their visa applications to
enter the country. They often knew which visas to exploit to commit their
crimes, which ranged from espionage, to theft of trade secrets, to trafficking.
Committee has also looked into how Homeland Security and State vet refugees,
monitored the mass migration caravans, reviewed hundreds of pages of visa and
immigration documents, and repeatedly raised concerns with the controversial
EB-5 investor visa program.
Congress created the program, the goal was to spur growth for rural and
underserved areas. Now, the EB-5 program has become an often illicit funding
source for big moneyed interests in some of the largest cities around the
country. It is no surprise that the Fraud Detection and National Security
Directorate also raised national security concerns about the program.
2016, I have written 8 letters, held 3 hearings, and introduced legislation to
remedy the glaring problems that plague this program. I wait with
anticipation on the EB-5 modernization and reform regulations the Department of
Homeland Security promises to publish very soon.
are but a few examples of what I’ve tried to do right by the people of Iowa and
the taxpaying public. Being Chairman of the Judiciary Committee has been
a rewarding experience, one that I will cherish as some of the most productive
years of my career representing the great people and state of Iowa.
look forward to continuing my oversight work both as Chairman of Finance and as
a senior member of the Judiciary Committee in the next Congress. After
all, as experience has shown, oversight works, and I will continue to fight the
good fight on behalf of We the People.