[Congressional Record Volume 157, Number 112 (Monday, July 25, 2011)]
[House]
[Pages H5470-H5471]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FBI DIRECTOR EXTENSION ACT, 2011
Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (S. 1103) to extend the term of the incumbent Director of the
Federal Bureau of Investigation.
The Clerk read the title of the bill.
The text of the bill is 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.
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. 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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Smith) and the gentleman from Michigan (Mr. Conyers) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on S. 1103, currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SMITH of Texas. I yield myself such time as I may consume.
Mr. Speaker, this September 11 marks the 10-year anniversary of the
worst terrorist attack in U.S. history. America is fortunate not to
have suffered another attack of such magnitude and devastation in the
past decade. America has remained safe but not because those who are
determined to deny us our freedoms and destroy our way of life have
given up. We are safe because of the men and women who serve our
country with devotion and distinction--those who serve in our Armed
Forces, our intelligence community, and our law enforcement agencies.
These public servants and their families make tremendous sacrifices
to keep us safe and to keep terrorists on the run. Their work is often
unrecognized and underappreciated. In addition to ensuring that
terrorists are denied victory, some of our public servants also protect
us from crime and ensure that justice is served.
The agency that is charged with this unique duty is the Federal
Bureau of Investigation. The FBI director is limited to a 10-year
nonrenewable term. Congress imposed this restriction to ensure
political independence and to act as a restraint on unbridled power and
the potential for misuse of that power.
In just a few weeks, the current FBI director, Robert S. Mueller,
III, will conclude his 10-year term. The President has asked for a one-
time 2-year extension for Mr. Mueller to ensure continuity in America's
national security team. The killing of Osama bin Laden and personnel
changes in key national security posts make these unusual times that
justify a short-term extension.
Director Mueller has shown himself a dedicated public servant who has
kept terrorists at bay and reduced crime.
Mr. Mueller assumed leadership of the FBI on September 4, 2001, just
1 week prior to the attacks of September 11, 2001. During his tenure,
he has reformed the FBI to ensure that it is able to address not only
terrorist threats, but also threats posed by traditional criminals.
This request for an extension was made not by Mr. Mueller but by the
President of the United States.
Mr. Mueller has agreed to accept this extension if it is approved by
Congress. It's not every day that the House, the Senate, and the White
House can agree, but this is something we all can agree is essential.
This bill creates a new, one time only 2-year term of service for the
director of the Federal Bureau of Investigation. Mr. Mueller will be
eligible to be appointed to this new term of service with the advice
and consent of the Senate. The Senate will hold a confirmation vote
after the President signs this bill.
This new term would expire on September 4, 2013, after which, Mr.
Mueller would no longer serve as director. This bill does not prevent
the President from appointing a different individual to a new tenured
term by and with the advice and consent of the Senate.
If the President wants to continue the services of the incumbent,
this bill allows that to happen for a limited time and in a
constitutional manner. I urge my colleagues to support this bill to
continue the service of FBI Director Robert S. Mueller, III, for an
additional 2 years.
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
{time} 1910
I am pleased to join with the chairman of the committee in support of
the
[[Page H5471]]
Senate bill that would allow for the extension of the term of FBI
Director Robert Mueller whose 10-year term expires on August 2.
On May 12 of this year, President Obama announced his desire to
extend that term by 2 years. At the time, the President said, ``In his
10 years at the FBI, Bob Mueller has set the gold standard for leading
the bureau. 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.''
I agree with the President's remarks, and I am confident that
Director Mueller will continue to work with integrity and respect for
Americans' rights as he ensures the safety of the American people. The
Nation needs, now as much as at any time in our history, an FBI that is
capable of a multifaceted mission to best protect us from a variety of
criminal threats, which has been proven under Mueller's leadership. I
congratulate him on his noteworthy 10-year term and look forward to
continuing to work with him and with the Committee on the Judiciary.
The job of the Federal Bureau of Investigation is critical, and that
agency must have experienced and capable leadership. There are many
threats which the FBI must concentrate its limited resources on,
ranging from interstate violent crime, organized crime, human
trafficking, exploitation of children, corporate fraud, mortgage fraud,
cybercrime, and domestic terrorism.
As time advances, so do the demands we place on the FBI and its
agents across the country. We appreciate the difficulty the Director
must face when determining how to allocate resources. As these demands
grow and the nature of the threats evolve, I hope the FBI will maintain
an appropriate degree of focus on the types of crime that impact
average Americans every day, whether it be fraud against seniors,
corporate officers defrauding investors, civil rights violations by
those who abuse power, theft of individual identities, or electronic
intrusions into people's privacy.
Director Mueller is the right person to continue to lead the Federal
Bureau of Investigation in confronting these challenges at this time.
He has proven himself to be honest, frank, and committed to the rule of
law.
While this extension is unusual, it is important that we grant it so
that we have continuity in the leadership of the FBI at this critical
time. I urge support of this important measure.
I yield 2 minutes to our distinguished Member from Texas (Ms. Jackson
Lee).
Ms. JACKSON LEE of Texas. As a member of the Homeland Security
Committee, I want to join my colleagues on the Judiciary Committee, on
which I also serve, to note the uniqueness of our times. There's a
point that I think is very important about the continuity of existing
FBI Director Mueller; and that is that we live not only in dangerous
times, but we also live in times where resources are being strained.
Questions are being raised about the resources necessary for law
enforcement; and certainly a leader who understands the broad needs of
the American public and the collaborative needs, collaborating with
other law enforcement because of past experiences, is very important.
Mr. Mueller, in his 10 years, has had collaborative efforts with all
of the Federal law enforcement agencies and has opened up a dialogue
between local and State law enforcement agencies. Just ask New York to
tell you how important that is; ask Texas or a number of our other
large States with assets that are in the eye of the storm of potential
terrorist acts.
So I join with my colleagues and acknowledge the leadership of the
President for asking the FBI Director to stay for 2 extra years and
that this does not undermine the 10-year term that is by law. I ask
colleagues to support this legislation.
Mr. Speaker, I rise today in support of S. 1103, a bill to extend the
term of the incumbent Director of the Federal Bureau of Investigation
(FBI). Director Robert Mueller has shown extraordinary leadership, and
made fundamental changes to the FBI for the better protection of the
American people.
Director Mueller has a long and distinguished history of public
service. After completing college, he joined the United States Marine
Corps, and is a decorated Vietnam veteran. Director Mueller served as
the Chief of the Criminal Division in the U.S. Attorney's office in San
Francisco, and prosecuted cases of financial fraud, corruption and
terrorism as the Assistant U.S. Attorney in Boston, before being named
U.S. Attorney in San Francisco.
President Bush nominated Mr. Mueller as the sixth FBI Director on
September 4, 2001, just one week prior to the attacks of September 11.
Director Mueller has since led the Bureau in modernizing its approach
to law enforcement, and developed an intelligence driven organization
with a focus on prevention. By centralizing intelligence management,
and coordinating intelligence and counterterrorism efforts, Director
Mueller has improved the effectiveness of his agency.
Over the last ten years, Director Mueller has overseen the
transformation of the FBI, from a reactive investigatory agency, to a
far more proactive bureau that uses intelligence to seek out threats
before they materialize. His visionary leadership has increased
collaboration between the FBI and other intelligence gathering
agencies, including foreign partners, established partnerships between
the bureau, businesses, private industry stakeholders, and the general
public, and greatly increased communication between FBI field offices
and state and local law enforcement bodies.
During his tenure leading the agency, Director Mueller has increased
resources to combat the threat of terrorism, without neglecting its
other duties. Just last week, the FBI arrested 16 individuals for
engaging in cyber attacks. Last Thursday, the FBI, along with the Drug
Enforcement Agency, and other Federal law enforcement bodies, arrested
over 70 individuals connected with La Familia Michoacana, one of the
most violent drug trafficking organizations in Mexico. Additionally, in
the past week, FBI efforts led to indictments on charges of drug
trafficking, international kidnapping and coercion, and human
trafficking.
Under Director Mueller's leadership, the FBI has made unprecedented
improvements to face the challenges of hatred and global terrorism; the
agency has thwarted a plot to detonate a bomb in the Sears Tower,
arrested individuals engaged in a massive recruiting effort to attract
young people to jihadist groups, and stopped an attack on Fort Dix.
Director Mueller and his agency have achieved these, and a litany of
other accomplishments, without asking for applause or recognition.
The FBI is America's primary federal agency responsible for
investigating and preventing acts of terrorism. Now, more than ever,
when we are faced with aggression from an enemy intent on destroying
our way of life, the leader of the FBI must be able to meet the
challenges ahead. The future of our nation is not entirely of our
choosing; we are faced with an assault on our principles and freedoms
we did not seek to galvanize, and a confrontation with intolerance and
evil we did not expect. With strategic and forward looking leaders like
Director Mueller, we will overcome these challenges.
As a senior Member of the Committee on Homeland Security, I agree
with the President's recommendation that extending Director Mueller's
term for two additional years will greatly benefit our national
security. I am pleased at the bipartisan support that this legislation
has received.
Mr. CONYERS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I have no requests for time, and I
yield back the balance of my time as well.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Smith) that the House suspend the rules and
pass the bill, S. 1103.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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