The Attorney General may appoint a Director of the Federal Bureau of Investigation. The Director of the Federal Bureau of Investigation is the head of the Federal Bureau of Investigation.
(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 616.)
Historical and Revision NotesThe section is supplied for convenience and clarification and is based on section 3 of Executive Order No. 6166 of June 10, 1933, which provided for the transfer of the functions of the Bureau of Investigation together with the investigative functions of the Bureau of Prohibition to a “Division of Investigation in the Department of Justice, at the head of which shall be a Director of Investigation”. The Division of Investigation was first designated as the “Federal Bureau of Investigation” by the Act of Mar. 22, 1935, ch. 39, title II, 49 Stat. 77, and has been so designated in statutes since that date. The title of “Director of the Federal Bureau of Investigation” was recognized by statute in the Act of June 5, 1936, ch. 529, 49 Stat. 1484, and has been used in statutes since that date.
Statutory Notes and Related Subsidiaries
Notification of Material Changes to Policies or Procedures Governing Terrorist Watchlist and Transnational Organized Crime WatchlistPub. L. 119–60, div. F, title LXV, § 6522, Dec. 18, 2025, 139 Stat. 1631, provided that:
“(a) Notification of Material Changes.—“(1) Notification required.—The Director of the Federal Bureau of Investigation shall submit to the appropriate congressional committees notice of any material change to a policy or procedure relating to the terrorist watchlist or the transnational organized crime watchlist, including any change to the policy or procedure for adding or removing a person from either watchlist. Each notification under this subsection shall include a summary of the material changes to such policy or procedure.
“(2) Timing of notification.—Each notification required under paragraph (1) shall be submitted not later than 30 days after the date on which a material change described in paragraph (1) takes effect.
“(b) Requests by Appropriate Committees.—Not later than 30 days after receiving a request from an appropriate congressional committee, the Director of the Federal Bureau of Investigation shall submit to such committee all guidance in effect as of the date of the request that applies to or governs the use of the terrorist watchlist or the transnational organized crime watchlist.
“(c) Definitions.—In this section:“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the congressional intelligence committees;
“(B) the Committees on Appropriations of the Senate and the House of Representatives;
“(C) the Committees on the Judiciary of the Senate and the House of Representatives; and
“(D) the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.
“(2) Terrorist watchlist.—The term ‘terrorist watchlist’ means the Terrorist Screening Dataset or any successor or similar watchlist.
“(3) Transnational organized crime watchlist.—The term ‘transnational organized crime watchlist’ means the watchlist maintained under the Transnational Organized Crime Actor Detection Program or any successor or similar watchlist.”
[For definition of “congressional intelligence committees” as used in section 6522 of Pub. L. 119–60, set out above, see section 6002 of Pub. L. 119–60, set out as a note under section 3003 of Title 50, War and National Defense.]
Review of Information Relating to Actions by Foreign Governments To Assist Persons Evading JusticePub. L. 119–60, div. F, title LXVII, § 6715, Dec. 18, 2025, 139 Stat. 1650, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Director of the Federal Bureau of Investigation shall, in coordination with the Director of National Intelligence, complete a review for declassification of any information in the possession of the Federal Bureau of Investigation collected on or after January 1, 2020, relating to whether any foreign government official has assisted or facilitated any citizen or national of their country in departing the United States while the citizen or national was under investigation or awaiting trial or sentencing for a criminal offense committed in the United States to determine what information, if any, can be appropriately declassified and made available to the public. Upon completion of the review, the Director of the Federal Bureau of Investigation shall make such information, if any, available to the public in a manner consistent with provisions of Federal law related to privacy.”
Limitation on Procurement by Federal Bureau of Investigation of People’s Republic of China Products and ServicesPub. L. 117–103, div. X, title IV, § 414, Mar. 15, 2022, 136 Stat. 977, provided that:
“(a) Security Assessment.—The Director of the Federal Bureau of Investigation may not procure a People’s Republic of China product or service unless, before such procurement—“(1) the Federal Bureau of Investigation conducts a security assessment of such product or service, including with respect to any physical, counterintelligence, or cyber vulnerabilities;
“(2) there is included in the process of conducting such security assessment a formal mechanism through which input shall be submitted by the Counterintelligence Division and Cyber Division of the Federal Bureau of Investigation regarding such security assessment, including with respect to any such vulnerabilities; and
“(3) the Director (or a designee of the Director) approves a recommendation, based on the results of such security assessment, to procure such product or service.
“(b) Submission.—Not later than 30 days after the date on which the Director (or a designee of the Director, as applicable) approves a recommendation pursuant to subsection (a)(3), the Director shall submit to the appropriate congressional committees the recommendation and a copy of the security assessment upon which the recommendation was based.
“(c) Definitions.—In this section:“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the congressional intelligence committees; and
“(B) the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate.
“(2) People’s republic of china product or service.—The term ‘People’s Republic of China product or service’ means an information or communication technology product manufactured in China, Hong Kong, or Macau, or a product or service provided by an entity that is fully or partially owned or controlled by, or otherwise connected to, the government of China.”
[For definition of “congressional intelligence committees” as used in section 414 of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of Title 50, War and National Defense.]
Counterintelligence Units at Non-Intelligence Community Federal Departments and AgenciesPub. L. 117–103, div. X, title IV, § 415, Mar. 15, 2022, 136 Stat. 978, which related to the establishment of counterintelligence units at non-intelligence community Federal departments and agencies, was repealed by Pub. L. 118–31, div. G, title III, § 7318(b), Dec. 22, 2023, 137 Stat. 1033.
FindingsPub. L. 112–24, § 1, July 26, 2011, 125 Stat. 238, provided that:
“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 [amending provisions set out as a note under this section] 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.”
Improvement of Intelligence Capabilities; Directorate of Intelligence; Intelligence Career ServicePub. L. 108–458, title II, §§ 2001–2003, Dec. 17, 2004, 118 Stat. 3700, 3702, as amended by Pub. L. 111–259, title VIII, § 806(b)(1), Oct. 7, 2010, 124 Stat. 2748; Pub. L. 114–113, div. M, title VII, § 701(b), Dec. 18, 2015, 129 Stat. 2929, provided that:
Webster Commission Implementation ReportPub. L. 107–273, div. C, title I, § 11023, Nov. 2, 2002, 116 Stat. 1830, provided that:
“(a) Implementation Plan.—Not later than 6 months after the date of enactment of this Act [Nov. 2, 2002], the Director of the Federal Bureau of Investigation shall submit to the appropriate Committees of Congress a plan for implementation of the recommendations of the Commission for Review of FBI Security Programs, dated March 31, 2002, including the costs of such implementation.
“(b) Annual Reports.—On the date that is 1 year after the submission of the plan described in subsection (a), and for 2 years thereafter, the Director of the Federal Bureau of Investigation shall submit to the appropriate Committees of Congress a report on the implementation of such plan.
“(c) Appropriate Committees of Congress.—For purposes of this section, the term ‘appropriate Committees of Congress’ means—“(1) the Committees on the Judiciary of the Senate and the House of Representatives;
“(2) the Committees on Appropriations of the Senate and the House of Representatives;
“(3) the Select Committee on Intelligence of the Senate; and
“(4) the Permanent Select Committee on Intelligence of the House of Representatives.”
Employment of Translators by the Federal Bureau of InvestigationPub. L. 107–56, title II, § 205, Oct. 26, 2001, 115 Stat. 281, provided that:
“(a) Authority.—The Director of the Federal Bureau of Investigation is authorized to expedite the employment of personnel as translators to support counterterrorism investigations and operations without regard to applicable Federal personnel requirements and limitations.
“(b) Security Requirements.—The Director of the Federal Bureau of Investigation shall establish such security requirements as are necessary for the personnel employed as translators under subsection (a).
“(c) Report.—The Attorney General shall report to the Committees on the Judiciary of the House of Representatives and the Senate on—“(1) the number of translators employed by the FBI and other components of the Department of Justice;
“(2) any legal or practical impediments to using translators employed by other Federal, State, or local agencies, on a full, part-time, or shared basis; and
“(3) the needs of the FBI for specific translation services in certain languages, and recommendations for meeting those needs.”
FBI Critical Skills Scholarship ProgramPub. L. 102–183, title V, § 501, Dec. 4, 1991, 105 Stat. 1268, provided that:
“(a) Study.—The Director of the Federal Bureau of Investigation shall conduct a study relative to the establishment of an undergraduate training program with respect to employees of the Federal Bureau of Investigation that is similar in purpose, conditions, content, and administration to undergraduate training programs administered by the Central Intelligence Agency (under section 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j) [now 50 U.S.C. 3510]), the National Security Agency (under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402 (note)) [now 50 U.S.C. 3614][)], and the Defense Intelligence Agency (under section 1608 [now 1623] of title 10, United States Code).
“(b) Implementation.—Any program proposed under subsection (a) may be implemented only after the Department of Justice and the Office of Management and Budget review and approve the implementation of such program.
“(c) Availability of Funds.—Any payment made by the Director of the Federal Bureau of Investigation to carry out any program proposed to be established under subsection (a) may be made in any fiscal year only to the extent that appropriated funds are available for that purpose.”
Confirmation and Compensation of Director; Term of ServicePub. L. 90–351, title VI, § 1101, June 19, 1968, 82 Stat. 236, as amended by Pub. L. 94–503, title II, § 203, Oct. 15, 1976, 90 Stat. 2427; Pub. L. 112–24, § 2, July 26, 2011, 125 Stat. 238, provided that:
“(a) Effective as of the day following the date on which the present incumbent in the office of Director ceases to serve as such, the Director of the Federal Bureau of Investigation shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate prescribed for level II of the Federal Executive Salary Schedule [section 5313 of Title 5, Government Organization and Employees].
“(b) Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after June 1, 1973, the term of service of the Director of the Federal Bureau of Investigation shall be ten years. A Director may not serve more than one ten-year term. The provisions of subsections (a) through (c) of section 8335 of title 5, United States Code, shall apply to any individual appointed under this section.
“(c)(1) Effective on the date of enactment of this subsection [July 26, 2011], 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.”