Congressional Record, Volume 157 Issue 110 (Thursday, July 21, 2011)

[Congressional Record Volume 157, Number 110 (Thursday, July 21, 2011)]
[Senate]
[Pages S4779-S4781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FBI DIRECTOR EXTENSION ACT, 2011

Mr. REID. Mr. President, I ask unanimous consent the Senate proceed
to consideration of Calendar No. 76, S. 1103, the bill to extend the
term of the incumbent Director of the FBI; that the committee
substitute amendment

[[Page S4780]]

be considered; that a Coburn amendment which is at the desk be agreed
to; the committee substitute amendment, as amended, be agreed to; the
bill, as amended, be read a third time, and the Senate proceed to vote
on passage of the bill, as amended; the motions to reconsider be laid
upon the table with no intervening action or debate; and any statements
related to the bill be printed in the Record at the appropriate place
as if read; further, that if Robert S. Mueller, III, is nominated to be
Director of the Federal Bureau of Investigation, the nomination be
placed directly on the Executive Calendar; that at a time to be
determined by the majority leader, in consultation with the Republican
leader, the Senate proceed to executive session to consider the
nomination; that there will be 2 hours for debate equally divided in
the usual form; that upon the use or yielding back of time, the Senate
proceed to vote without intervening action or debate on the nomination;
the motion to reconsider be considered made and laid upon the table
with no intervening action or debate; that no further motions be in
order to the nomination; that any statements related to the nomination
be printed in the Record; that the President be immediately notified of
the Senate's action, and the Senate resume legislative session.
The PRESIDING OFFICER (Mr. Franken). Is there objection? Without no
objection, it is so ordered.
The Senate proceeded to consider the bill (S. 1103) to extend the
term of the incumbent Director of the Federal Bureau of Investigation,
which had been reported from the Committee on the Judiciary with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:

S. 1103

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

SECTION 1. FINDINGS.

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.

SEC. 2. EXTENSION OF THE TERM OF THE INCUMBENT DIRECTOR OF
THE FEDERAL BUREAU OF INVESTIGATION.

(a) In General.--At the request of the President, the
incumbent in the office of the Director of the Federal Bureau
of Investigation on the date of the enactment of this Act may
continue in office until August 3, 2013, in accordance with
the amendment made by subsection (b).
(b) Extension of the Term.--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,
subsection (b) shall be applied--
``(1) in the first sentence, by substituting `12 years' for
`ten years'; and
``(2) in the second sentence, by substituting `12-year
term' for `ten-year term'.''.

The amendment (No. 579) was agreed to, as follows:

(Purpose: To create a new 2-year term of service for the Director of
the Federal Bureau of Investigation)

On page 3, line 17, strike all through page 4, line 12, and
insert the following:

SEC. 2. CREATION OF NEW TERM OF SERVICE FOR THE OFFICE OF
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)(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.''.

The committee amendment in the nature of a substitute, as amended,
was agreed to.
Mr. LEAHY. Madam President, on Monday I, again, set forth the history
of our efforts to extend the term of Robert Mueller as the FBI Director
in response to the President's request. I am glad that the Senate is
now being permitted to proceed to pass the bill. The holds have finally
been lifted.
I worked with Senator Grassley to respond to the President's May 12
request, and the Judiciary Committee reported a bill to do that more
than one month ago. I am pleased that a bill finally passed the Senate
today. I hope the House will take up and pass the bill so that it can
be signed by the President, and the Senate can confirm Director
Mueller's renomination prior to August 3, 2011.
This important legislation, S. 1103, would fulfill the President's
request that Congress create a one-time exception to the statutory 10-
year term of the FBI Director, in order to extend the term of the
incumbent FBI Director for 2 additional years. Given the continuing
threat to our Nation, especially with the 10th anniversary of the
September 11, 2001, attacks approaching, and the need to provide
continuity and stability on the President's national security team, it
is important that we respond to the President's request and enact this
necessary legislation swiftly. The incumbent FBI Director's term
otherwise expires on August 3, 2011.
Mr. PAUL. Madam President, I am voting no on S. 1103, a bill to
create a second 2 year term for the FBI Director. I am opposed to
changing the term limits on this important position, which serve as a
safeguard and check against the significant power of the position. I am
not opposed to Director Mueller and will not oppose his renomination,
but I do oppose the idea that term limits should be changed when it is
convenient. I thank him and the Bureau for their cooperation and
answers to my questions over the last few weeks.
Mr. REID. I want to extend my appreciation to Senators Leahy and
Grassley for together getting this matter done.
He has done a wonderful job for 10 years, and the country believes
they need him for 2 more years, and he has agreed to take that, and I
appreciate that very much.
The PRESIDING OFFICER. Under the previous order the foregoing actions
with respect to the bill are accomplished.
The bill (S. 1103), as amended, was ordered to be engrossed for a
third reading and was read the third time.
The PRESIDING OFFICER. The question is on the passage of the bill, as
amended.
The bill (S. 1103), as amended, was passed, 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. FINDINGS.

[[Page S4781]]

(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.

SEC. 2. CREATION OF NEW TERM OF SERVICE FOR THE OFFICE OF
DIRECTOR OF THE FEDERAL BUREAU OF
INVESTIGATION.

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