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Week Ending July 29, 2011

S.1103 A bill to extend the term of the incumbent Director of the Federal Bureau of Investigation.

The bill first authorizes the current FBI Director (Robert Mueller) to stay in office until August 3, 2013 should the President request the extension.

The bill then would amend current law to extend the term of the current Director from 10 to 12 years.

The bill was amended when Senators agreed by unanimous consent to create a new 2-year term of service for the FBI Director position.

Robert Mueller was nominated by President George W. Bush on July 18, 2001. The Judiciary Committee received Mr. Mueller's paperwork on July 24, 2001. The Committee held a hearing and favorably reported the nomination to the Senate on August 2, 2001. The Senate confirmed him that same day by a vote of 98-0. President Bush signed his appointment to a 10-year term on August 4, 2001.

The President has requested only a one-time exception to the 10-year term limit, and that such an extension is based upon the exceptional circumstances facing the Nation at this time. The findings state explicitly that the bill is not intended to create a precedent. That intent has also been stated by the bill's sponsors. By allowing the term of the Director to be extended this once, from 10 years to 12, the bill would have no effect on the nature of the fixed term appointment. In this bill, Congress asserts no authority to appoint officials in violation of the President's appointment authority.

Sponsor:  Senator Patrick Leahy (D-VT)

Vote: Senate agreed with an amendment by voice vote. House agreed by voice vote under suspension of the rules.

Cost to the taxpayers: CBO estimates that implementing this bill would have no significant cost to the federal government.

Pay-as-you-go requirements: Enacting S. 1103 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply

Cut-as-you-go requirements:   

Regulatory impact:  In compliance with rule XXVI of the Standing Rules of the Senate, the Committee finds that under S. 1103, as reported, no substantial regulatory impact will be incurred by implementing the provisions of this legislation.

Earmark Certification:   Not applicable.

Constitutional Authority:  Senate bills have not provided this conclusion.

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MORE INFORMATION

III. SECTION-BY-SECTION SUMMARY OF THE BILL

Section 1. Findings

This section finds that the President requested that Congress extend the term of the FBI Director to maintain continuity of leadership at the FBI during a time of extraordinary threat to the United States. This section also finds that Congress intends the extension to be a one-time exception to the 10-year statutory limit on the term of his position.

Section 2. Extension of the Term of the Incumbent Director of the Federal Bureau of Investigation

This section modifies the Omnibus Crime Control and Safe Streets Act of 1968 (28 U.S.C. 532 note) to allow a one-time statutory extension of the 10-year term of the current Director of the FBI at the date of enactment at the request of the President. The change would allow the incumbent Director of the FBI to serve an additional two years until August 3, 2013.

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