1
28 USC 532 note.
2
See also CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee
and Floor Procedure, by Elizabeth Rybicki.
Congressional Research Service ˜ The Library of Congress
CRS Report for Congress
Received through the CRS Web
Order Code RS20963
Updated March 17, 2005
Nomination and Confirmation of the FBI
Director: Process and Recent History
Henry B. Hogue
Analyst in American National Government
Government and Finance Division
Summary
The Director of the Federal Bureau of Investigation (FBI) is appointed by the
President by and with the advice and consent of the Senate. The statutory basis for the
present nomination and confirmation process was developed in 1968 and 1976 and has
been used since the death of J. Edgar Hoover in 1972. Over this time, five nominations
have been confirmed and two have been withdrawn by the President before
confirmation. The position of FBI director has a fixed 10-year term; the officeholder
may not be reappointed. There are no statutory restrictions on the authority of the
President to remove the FBI director. One director has been removed by the President
since 1972. The current FBI director, Robert S. Mueller III, was confirmed by the
Senate on August 2, 2001. This report will not be updated.
Federal statute provides that the FBI director is appointed by the President by and
with the advice and consent of the Senate.
1
When there is a vacancy or an anticipated
vacancy, the President begins the appointment process by selecting and vetting his
preferred candidate for the position. The vetting process for presidential appointments
includes an FBI background check and financial disclosure. The President then submits
the nomination to the Senate, where it is referred to the Judiciary Committee. The
Judiciary Committee usually holds hearings regarding nominations to FBI director. The
committee may then vote to report the nomination back to the Senate favorably,
unfavorably, or without recommendation. Once reported, the nomination is available for
Senate consideration. If the Senate confirms the nomination, the individual is formally
appointed to the position by the President.
2
Prior to the implementation of the current nomination and confirmation process, J.
Edgar Hoover was director of the FBI for nearly 48 years. He held the position from May
