National Security Drives Temporary Extension of Term for FBI Director

To help provide stability for U.S. national security efforts at a sensitive time, I’ve introduced bipartisan legislation, with three other senators, to allow a two-year extension of the term of the Director of the Federal Bureau of Investigation (FBI).

The 10-year term of the FBI director was adopted 35 years ago, with good reason.  The term insulates the FBI director from the political process by not corresponding with presidential terms of office.  The term is limited to help make sure no one FBI director amasses too much power.

Today, we live in complex and uncertain times.  FBI Director Robert Mueller has been effective following the 9-11 terrorist attacks, which occurred one week after he started the job.  What happened that day dramatically altered the mission of the FBI from a focus on law enforcement to a major role in preventing terrorist attacks.  Today, there’s a heightened alert to terrorist attacks after the death of Osama bin Laden.  There also are leadership transitions under way both at the Central Intelligence Agency and the Department of Defense.  In May, President Obama asked for a two-year extension of the current FBI director’s term.

All of these factors justify Congress considering the brief one-time extension that would be allowed by the proposed legislation.  The Senate Committee on the Judiciary, where I serve as Ranking Member, will sort through the issues that are involved with a committee hearing about a temporary extension for the FBI director next week.  There are constitutional questions that need to be addressed, and we need to discuss the impact of setting this kind of precedent.  Given the important role that the FBI plays in national security, these issues deserve careful review.

The FBI is a federal agency with tremendous power.  I’ve conducted many years of congressional oversight to hold that power accountable.  It may make sense to temporarily extend the FBI director’s term at this time, but such an extension should be made only with an understanding and even wariness of its impact.

Friday, June 3, 2011