[Congressional Record (Bound Edition), Volume 157 (2011), Part 8]
[Senate]
[Pages 11632-11633]
[From the U.S. 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 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.

[[Page 11633]]


  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.

       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.''.

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