1.Congress finds that—
(1)on May 12, 2011, the President requested
that Congress extend the term of Robert S. Mueller III as Director of the
Federal Bureau of Investigation by 2 years, citing the critical need for
continuity and stability at the Federal Bureau of Investigation in the face of
ongoing threats to the United States and leadership transitions at the Federal
agencies charged with protecting national security;
(2)in light of the May 1, 2011, successful
operation against Osama bin Laden, the continuing threat to national security,
and the approaching 10th anniversary of the attacks of September 11, 2001, the
President’s request for a limited, 1-time exception to the term limit of the
Director of the Federal Bureau of Investigation, in these exceptional
circumstances, is appropriate; and
(3)this Act is intended to provide a 1-time
exception to the 10-year statutory limit on the term of the Director of the
Federal Bureau of Investigation in light of the President’s request and
existing exceptional circumstances, and is not intended to create a
precedent.
2.Creation of new
term of service for the office of Director of the Federal Bureau of
InvestigationSection 1101 of
the Omnibus Crime Control and Safe Streets Act of 1968 (28 U.S.C. 532 note) is
amended by adding at the end the following:
(c)(1)Effective on the date
of enactment of this subsection, a new term of service for the office of
Director of the Federal Bureau of Investigation shall be created, which shall
begin on or after August 3, 2011, and continue until September 4, 2013.
Notwithstanding the second sentence of subsection (b) of this section, the
incumbent Director of the Federal Bureau of Investigation on the date of
enactment of this subsection shall be eligible to be appointed to the new term
of service provided for by this subsection, by and with the advice and consent
of the Senate, and only for that new term of service. Nothing in this
subsection shall prevent the President, by and with the advice of the Senate,
from appointing an individual, other than the incumbent Director of the Federal
Bureau of Investigation, to a 10-year term of service subject to the provisions
of subsection (b) after the date of enactment of this subsection.
(2)The individual who is the incumbent
in the office of the Director of the Federal Bureau of Investigation on the
date of enactment of this subsection may not serve as Director after September
4, 2013.
(3)With regard to the individual who is
the incumbent in the office of the Director of the Federal Bureau of
Investigation on the date of enactment of this subsection, the second sentence
of subsection (b) shall not
apply.
.
Passed the Senate
July 21, 2011.
Secretary