[Congressional Record Volume 157, Number 74 (Thursday, May 26, 2011)]
[Senate]
[Pages S3437-S3438]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Grassley, Mrs. Feinstein, and Mr. 
        Chambliss):
  S. 1103. A bill to extend the term of the incumbent Director of the 
Federal Bureau of Investigation; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, earlier this month, the President requested 
that Congress provide a limited exception to the statutory limit on the 
service of the FBI Director in order to allow Robert Mueller to 
continue his service for up to two additional years, until September 
2013. I spoke with the President about his request, and understand his 
desire for continuity and stability in our national security leadership 
team at a time of great challenge and heightened threat concerns.
  On May 12, the President explained in a statement: ``Given the 
ongoing threats facing the United States, as well as the leadership 
transitions at other agencies like the Defense Department and Central 
Intelligence Agency, I believe continuity and stability at the FBI is 
critical at this time.'' It is for that reason, along with his 
confidence in Director Mueller, that the President has made this 
request of us. The President has asked us ``to join together in 
extending that leadership for the sake of our nation's safety and 
security.''
  Since the attack on September 11, 2001, I have spoken often of the 
need for us all to join together. When I spoke to the Senate about the 
successful operation against Osama bin Laden, I urged all Americans to 
support our President in his continuing efforts to protect our Nation 
and keep Americans safe. I reiterated my hope that Americans would 
stand shoulder-to-shoulder, as we did in the weeks and months 
immediately following the September 11 attacks, unified in our resolve 
to keep our Nation secure. And I urged Congress to join together for 
the good of the country and all Americans. This is one of those times 
that we must join together.
  We face a time of heightened threats, particularly when experts are 
so concerned about possible reprisal attacks by al Qaeda. Indeed, most 
Americans share a concern that al Qaeda will try to strike back. So now 
is not a time for obstruction or delay in considering the President's 
request to maintain continuity and stability in his national security 
team.
  We have an opportunity now to set aside partisanship and come 
together to work with our President to keep America safe. While the 
threat from al Qaeda continues, and as the President makes necessary 
shifts in his national security team, I appreciate why President Obama 
has proposed that we continue the service of President Bush's appointee 
to the important leadership position of Director of the FBI. I 
appreciate Director Mueller's willingness to continue in service to the 
Nation. This was not Bob Mueller's idea or request. This is the 
President's request and, as a patriotic American, Director Mueller is 
willing to give another two years in service to a grateful Nation.
  The Bureau has seen significant transformation since September 11, 
2001. Director Mueller has handled this evolution with professionalism 
and focus. The FBI plays a critical role in our efforts to protect 
national security. Attorney General Holder said recently: ``The United 
States faces ongoing threats from terrorist intent on attacking us both 
at home and abroad, and it is crucial that the FBI have sustained, 
strong leadership to confront that threat.'' He is right.
  I was encouraged to see the reports that Senator McConnell, the 
Senate Republican leader, supports the President's request. I 
appreciate the comments by Chairman Lamar Smith of the House Judiciary 
Committee, supporting the President's decision, and stating his 
agreement that ``it is important to maintain continuity for our 
intelligence community during this transition period.''
  I am pleased that Senator Grassley, our ranking Republican on the 
Senate Judiciary Committee, has joined as a cosponsor of a bill to 
extend the service of Director Mueller, who Senator Grassley said has 
``proven his ability to run the FBI'' in these ``extraordinary times.'' 
I am also pleased that Senators Feinstein and Chambliss, the Chairman 
and Vice Chairman of the Senate Intelligence Committee, are joining as 
cosponsors of the bill. We recognize the extraordinary circumstances 
confronting the President, and support his request for a short 
extension of Director Mueller's service. But we also all agree that 
this needs to be a one-time exception and this measure we join together 
to introduce today is intended to be a one-time exception and not a 
permanent extension.
  I chaired the Senate Judiciary Committee in the summer of 2001 when 
President Bush nominated Bob Mueller. The President nominated him on 
July 18; the Judiciary Committee received his paperwork on July 24; and 
we held two days of hearings on July 30 and July 31. The Judiciary 
Committee voted on his nomination on August 2 and the Senate confirmed 
him that same day. It is already as long from the day that President 
Obama made his request for the short extension of his term of service 
as it took us in 2001 to hold hearings and for the Senate to confirm 
Bob Mueller to a 10-year term as FBI Director. We must not delay action 
any longer.
  Bob Mueller served for three years in the United States Marine Corps; 
led a rifle platoon in Vietnam; and earned a Bronze Star, two Navy 
Commendation Medals, the Purple Heart, and the Vietnamese Cross of 
Gallantry. This is a man who served as the United States Attorney in 
both Massachusetts and Northern California, as the Assistant Attorney 
General for the Criminal Division at the Justice Department, and the 
acting Deputy Attorney General at the beginning of the George W. Bush 
administration. This is a man who left a lucrative position in private 
practice to return to law enforcement after he had served in higher 
positions, by joining the U.S. Attorney's office in the District of 
Columbia as a line prosecutor in the homicide section.
  The President could have nominated the next director of the FBI, 
someone who could serve for the next 10 years, until 2021. That is 
someone who would serve through the presidential elections in 2012, 
2016 and 2020, and into the period long after his own presidency. 
Instead, he has chosen to ask Congress to extend the term of service of 
a proven leader for a brief period, given the extenuating circumstances 
facing our country.
  I emphasize that this is not Bob Mueller's request, it is the 
President's. Bob Mueller has served tirelessly and selflessly for 10 
years, and is undoubtedly ready to begin the next phase of his life. 
But Bob has characteristically answered duty's call and indicated his 
willingness to continue his service. We should fulfill our duty, as 
well, and join together without delay to secure the continuity and 
stability that is demanded at this time, and that is needed to keep our 
country safe. It is time for us to join together and act on the 
President's request.
  Mr. President, I ask unanimous consent the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1103

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF THE TERM OF THE INCUMBENT DIRECTOR OF 
                   THE FEDERAL BUREAU OF INVESTIGATION.

       Section 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) With respect 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--
       ``(1) subsection (b) shall be applied --
       ``(A) in the first sentence, by substituting `12 years' for 
     `ten years'; and
       ``(B) in the second sentence, by substituting `12-year 
     term' for `10-year' term; and
       ``(2) the third sentence of subsection (b) shall not 
     apply.''.

  Mr. GRASSLEY. Mr. President, the Federal Bureau of Investigation is 
on the front line in defending our country from terrorists, spies, and 
criminals. The FBI has a long history dating back over 100 years. The 
FBI started as an agency formed during President Theodore Roosevelt's 
administration when seven Secret Service agents were sent to the 
Justice Department to create a new investigative bureau. Since that 
start, the FBI has developed into a

[[Page S3438]]

cadre of talented agents who have pioneered new investigative tools 
advancing law enforcement across the country.
  For example, the Bureau agents developed advancements in forensic 
science, such as fingerprint technology and DNA analysis, now utilized 
to build investigations from the smallest of clues obtained at crime 
scenes. Such advancements have allowed the FBI to combat organized 
crime and international terrorists across the country and around the 
globe.
  Despite these successes, the FBI has also had its share of failures. 
These include maintaining secret files on elected officials, the 
investigation of civil rights leaders, the tragedies at Ruby Ridge and 
Waco, missing internal spy Robert Hanssen, the corruption and misuse of 
mob informants in the Boston field office, and the failure to connect 
the dots leading up to the 9/11 attacks. The FBI has also had problems 
in failing to manage high-profile projects, such as the procurement of 
information technology upgrades. They have failed to address personnel 
problems, such as the double standard for discipline that the Justice 
Department inspector general found agents believe exists. And there 
were the serious issues that required reform at the FBI crime lab. 
These are black marks on the history of the FBI.
  I have been an outspoken critic of the FBI's culture for many years 
because of its unwillingness to own up to mistakes. Too often, 
officials sought to protect the agency's reputation at the expense of 
the truth. My concerns are magnified by the way the FBI treats internal 
whistleblowers who come forward and report fraud and abuse. All too 
often, instead of owning up to problems and fixing them, they circle 
the wagons and shoot the messenger. The FBI is all too often the exact 
opposite of an agency that can accept constructive criticism, from both 
those inside and out.
  That said, I must give credit to the FBI when it is due. Following 
the tragedy of 9/11, the FBI has worked to fix the problems that have 
occurred. There has been a top-to-bottom transformation at the FBI 
moving it from a pure law enforcement agency to a national security 
agency. Chief among those lending this transformation has been FBI 
Director Robert Mueller. Sworn in as Director just 1 week prior to 9/
11, Director Mueller has led the charge to ensure that the FBI is 
updated into a modern national security agency. This transformation 
includes upgrading the workforce from an agent-driven model to one that 
includes an ever-increasing number of intelligence analysts. Director 
Mueller has taken the transformation head-on and has done an admirable 
job. I applaud the hard work that has been done, but more work remains. 
That is why we are here today introducing legislation that will extend 
the term of FBI Director Mueller for 2 additional years. I join my 
colleagues from the Judiciary and Select Intelligence Committees in 
introducing a one-time statutory exemption that will extend the term of 
FBI Director Mueller's term by 2 years. I do this recognizing the good 
work of Director Mueller and against a backdrop of heightened alert to 
terrorist attack following the death of Osama bin Laden. However, I do 
this with a heavy heart because I believe the 10-year term is a good 
thing for both the FBI and the country.
  Currently, the law requires that the FBI Director be limited to one 
single 10-year term. This limitation was put in place in 1976 following 
a 1968 change in the law making the Director a Presidential 
appointment. Congress included this term for two main reasons: one, to 
ensure that the Director was insulated from political influence of the 
President; two, to ensure that no one individual serves as FBI Director 
for such a long period of time to amass too much power. The inclusion 
of a term was part of a series of reforms to government agencies 
following the Watergate scandal and following the death of former 
Director J. Edgar Hoover, who had served a 48-year term.
  The current term limit has been in place for 35 years. In that time, 
no Director of the FBI has ever served an entire 10-year term and no 
President has ever suggested the term limit should be extended. 
However, on September 4, 2011, FBI Director Mueller would be the first 
to reach the 10-year mark. President Obama has indicated it is his 
desire to have Director Mueller stay on for an additional 2 years and 
has asked us to extend the term.
  While I join my colleagues in introducing this extension, I have also 
asked that we have a hearing in the Senate Judiciary Committee to 
address this extension. There are significant constitutional concerns 
that must be addressed, such as whether Congress has the authority to 
extend the term of a sitting appointee. A concern of this magnitude 
needs to be discussed in a formal hearing. Additionally, this would be 
the first time the Congress will be extending the term of the Director 
in over 35 years and nearly 37 years since a hearing was held on the 
term of the Director in the Judiciary Committee.
  Director Mueller has done an admirable job of reforming an agency 
under difficult circumstances. While I have my concerns with the 
precedent that this will set for future Directors--namely, that the 
term can be extended--I do think that making a one-time exception is 
warranted in this limited case and with the current existing threats. 
But I do not want this to become a regular occurrence. This legislation 
is narrowly tailored to ensure that the intent of Congress is to create 
only a one-time exception. Further, we will be holding a Judiciary 
Committee hearing in the near future to address this important, 
limited, one-time extension. Against that backdrop, I support this 
extension and look forward to an open debate and discussion surrounding 
this legislation.
                                 ______