“This is an extraordinary step that the Senate has taken. Thirty-five years ago Congress limited the FBI director’s term to one, 10-year appointment as an important safeguard against improper political influence and abuses of the past. Director Mueller has proven his ability to run the FBI over the last 10 years and he has given assurances that he will remain available to Congress and our constitutional responsibilities of oversight. I am glad the Senate was able to reach an agreement that provides a one-time, short term extension of the FBI Director’s term in a manner that is consistent with the Constitution. We live in extraordinary times which make this move unfortunate, but necessary.”
Here is Grassley’s statement during Judiciary Committee consideration.
Prepared Statement of Ranking Member Chuck Grassley
Senate Committee on the Judiciary
Executive Committee Meeting
“Bill to Extend the Tenure of the FBI Director”
Thursday, June 16, 2011
Mr. Chairman, I was pleased to be co-sponsor of S. 1103, as it was introduced. I will vote to support the substitute amendment. I believe that each of us wants Director Mueller to serve in his position for another two years but no longer.
We will need to work together to bridge our differences before that result can occur on the Senate floor. I want to pass this legislation and ensure an orderly extension of the FBI Director’s term. But judging from the concerns I’ve heard from other members, passing the bill out of Committee in its current form does not guarantee that we are in a position to extend Director Mueller’s term.
We will need to continue to work together to make sure that member concerns are satisfied. I am willing to commit to working with any member who has concerns about this approach. In the meantime, in light of the flux that now characterizes the process, I will work to resolve these issues before a floor vote.
In 1976, following the excesses of J. Edgar Hoover, Congress limited the term of the Director of the FBI to one non-renewable ten-year term. Congress did so to prevent the accumulation of excess power by the Director as well as to provide some political independence for the FBI.
Despite knowing about Director Mueller’s impending term limit and initiating a search for a successor led by the Attorney General and Vice President Biden, President Obama chose not to send the Senate a nomination for the Director of the FBI. Instead, the President has decided that notwithstanding those statutory provisions, Director Mueller should continue to serve in this position for another two years.
Although I do not think that legislation to extend the term should depend on personalities, Director Mueller has performed admirably as FBI Director. With the recent death of Usama Bin Laden, and the approaching ten year anniversary of the September 11 attacks, however, unique circumstances may warrant support of the President’s request that there be a one-time, limited extension of the term of this particular Director.
Presidential decisions to make transitions in other national security positions are not a special circumstance supporting extension of the Director’s term, since unlike the unusual current national security threats, those personnel changes were entirely within the control of the President.
With some reluctance, I joined as a co-sponsor of the original S. 1103. Given that this bill will set a substantial precedent for extending the FBI Director’s term, I have insisted that the regular order is followed for the consideration of this bill.
The 10-year limit has achieved its intended purposes. Until Director Mueller, no Director subject to the limit has served the full 10-year term. The limit has been successful in reducing the power of the Director and in preserving the vital civil liberties of all Americans.
It has provided important political independence for the FBI Director. Only one Director has been fired in this period, and this did not occur for political reasons. The prohibition on reappointment has also preserved the Director’s independence by eliminating any potential that the Director will attempt to curry favor with the President to be reappointed.
Mr. Chairman, I appreciate that we have proceeded cautiously with the bill. We are establishing a precedent that extending the term will be difficult and that an extension is warranted here only because of the unique circumstances that exist as this time. We are amending the current statute, we held a hearing at which the FBI Director appeared and at which we heard testimony on constitutional issues associated with the bill.
Now we are marking the bill up in Committee. I appreciate your conscientiousness in proceeding in this way.
I look forward to working with my colleagues to ensure that a satisfactory process is found to enable Director Mueller to continue to serve until 2013 in light of the current terrorist threat.
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