[Congressional Record (Bound Edition), Volume 157 (2011), Part 8]
[House]
[Pages 11945-11947]
[From the U.S. 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

[[Page 11946]]

     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 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

[[Page 11947]]

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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