Wray, a Trump appointee who has been head of the Bureau since 2017, was grilled by Missouri Senator Josh Hawley, who questioned whether it was practice for the FBI chief to have also used a government airline for his vacation, instead of a commercial flight.

Hawley appeared unconvinced by Wray’s defense that it was a requirement for FBI directors to use the planes for travel, a claim that Newsweek has explored in further detail.

The Claim

Footage of Christopher Wray appearing at the Senate Homeland Security Committee hearing, on Thursday, November 18, 2022, which was posted on Twitter, shows Senator Josh Hawley asking for more information about the FBI director’s recent flight to “Saranac Lake,” a village in New York state.

Senator Hawley asked: “You, you left an oversight hearing before the Senate Judiciary Committee required by statute so you could vacation with your family. I find that absolutely unbelievable and frankly, indefensible. Now, is it your practice to use government planes?”

He later probed whether Wray paid for the flight. Wray admitted to going on vacation but insisted that he had reimbursed the government.

When the senator asked for receipts, Wray replied: “Senator, we will be happy to comply with oversight requests.”

“I am required, not just permitted, required even for personal travel to use the FBI plane,” Wray added.

The Facts

A study by the U.S. Government Accountability Office (GAO), published in 2013 on the Department of Justice’s “Executives’ Use of Aircraft for Nonmission purposes” details the travel arrangements for DOJ bosses.

This detailed the circumstances and requirements for how top-level executives, including the FBI director, are meant to travel.

According to the GAO, both the attorney general and the FBI director are “required use” travelers, who are obliged by executive brand policy to use government planes for all travel, including personal flights “because of security and communications needs.”

The report adds that while Wray, as FBI director, must use a government plane for personal travel, he must nevertheless also provide reimbursements for these kinds of trips. It states that the reimbursement amount is equivalent to the cost of a commercial fare and is “generally less than the cost of operating a government aircraft.”

According to the GAO, Robert Mueller, the FBI director at the time, took a total of 10 trips aboard FBI aircraft between 2007-2011 that required reimbursement, totaling $4,556 in commercial costs.

The returned payment is then transferred to the Department of Treasury.

The GAO report states that FBI directors previously had the discretion to choose whether to use a non-government plane for personal travel. That changed in 2011.

“FBI officials told us that in 2011, for reasons related to the Director’s need to access secure communication systems while traveling, DOJ made a policy change requiring the Director to use government aircraft for all of his travel, including personal travel,” it stated.

“As a result, both the FBI Director and the Attorney General must now use government aircraft for all travel regardless of its purpose.

“FBI officials told us this explains the differences in the use of FBI aircraft for personal reasons between the Attorneys General and the FBI Director.”

A statement from the FBI, made to Fox News, said that Wray had followed regulations.

“The FBI Director travels by government aircraft due to the FBI’s national security mission, which necessitates specific communications capabilities and security considerations,” an FBI spokesman said.

“Director Wray has adhered to the federal regulations governing the use of the aircraft to include reimbursement for personal use.

“The Bureau’s national security and law enforcement operations, including transporting investigators and critical evidence, has been and remains the first priority for all FBI aircraft.”

Wray, who was once overwhelmingly approved by Republicans, continues to face criticism from some GOP members. Earlier in November, the Republican wing of the House Judiciary Committee released a report alleging that it found evidence of politicization within the FBI and Department of Justice (DOJ).

Newsweek has contacted the FBI, the U.S. Government Accountability Office and Senator Josh Hawley for comment.

The Ruling

True

FBI directors are required to fly in government planes under executive branch policy directives, including for personal travel. The arrangement is made to accommodate security and communication requirements.

While FBI directors have previously been permitted to use non-governmental planes for personal travel, the rules changed in 2011.

Personal travel (such as that described by Senator Hawley) must be reimbursed at a rate equivalent to a commercial fare, which Wray testified that he had done.

FACT CHECK BY Newsweek’s Fact Check team