28 U.S. Code § 532 - Director of the Federal Bureau of Investigation

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 .

The 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.

Limitation on Procurement by Federal Bureau of Investigation of People’s Republic of China Products and Services

“(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—

the Federal Bureau of Investigation conducts a security assessment of such product or service, including with respect to any physical, counterintelligence, or cyber vulnerabilities;

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

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.

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.

the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate .

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.]

The Director of the Federal Bureau of Investigation shall establish counterintelligence units in the departments and agencies described in subsection (b). Such units shall be composed of officers of the Counterintelligence Division of the Federal Bureau of Investigation .

“(b) Departments and Agencies Described.— The departments and agencies described in this subsection are the following departments and agencies of the United States Government:

Any other department or agency that the Director, in coordination with the Director of National Intelligence, determines appropriate.

“(c) Duties.— The Director of the Federal Bureau of Investigation shall ensure that each counterintelligence unit established under subsection (a) in a department or agency described in subsection (b) carries out the following duties:

Conducts assessments, in coordination with the leadership of the department or agency, to determine the counterintelligence posture of the department or agency, including any components thereof.

Informs and consults with the leadership of the department or agency, including any components thereof, and provides recommendations with respect to any counterintelligence threats identified by the intelligence community.

Provides such administrative and technical support as is necessary to develop, in coordination with the leadership of the department or agency, a plan to eliminate or reduce the threats described in paragraph (2).

Serves as the primary point of contact for the department or agency with respect to counterintelligence for the intelligence community.

The heads of the elements of the intelligence community shall ensure that relevant counterintelligence information is provided to counterintelligence units established under subsection (a) in a manner that is consistent with the need to protect sources and methods.

Not later than 120 days after the date of the enactment of this Act [ Mar. 15, 2022 ], the Director of National Intelligence, in consultation with the heads of such other departments and agencies of the Federal Government as the Director determines appropriate, shall submit to the appropriate congressional committees a report detailing options for the intelligence community to improve intelligence support to the Department of Agriculture and the Department of Commerce . The report shall be submitted in unclassified form, but may include a classified annex.

“(f) Appropriate Congressional Committees Defined.— In this section, the term ‘appropriate congressional committees’ means—

the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate .”

[For definitions of “congressional intelligence committees” and “intelligence community” as used in section 415 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.]

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;

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

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.”

The National Commission on Terrorist Attacks Upon the United States in its final report stated that, under Director Robert Mueller, the Federal Bureau of Investigation has made significant progress in improving its intelligence capabilities.

In the report, the members of the Commission also urged that the Federal Bureau of Investigation fully institutionalize the shift of the Bureau to a preventive counterterrorism posture.

The Director of the Federal Bureau of Investigation shall continue efforts to improve the intelligence capabilities of the Federal Bureau of Investigation and to develop and maintain within the Bureau a national intelligence workforce.

In developing and maintaining a national intelligence workforce under subsection (b), the Director of the Federal Bureau of Investigation shall develop and maintain a specialized and integrated national intelligence workforce consisting of agents, analysts, linguists, and surveillance specialists who are recruited, trained, and rewarded in a manner which ensures the existence within the Federal Bureau of Investigation of an institutional culture with substantial expertise in, and commitment to, the intelligence mission of the Bureau.

Each agent employed by the Bureau after the date of the enactment of this Act [ Dec. 17, 2004 ] shall receive basic training in both criminal justice matters and national intelligence matters.

Each agent employed by the Bureau after the date of the enactment of this Act shall, to the maximum extent practicable, be given the opportunity to undergo, during such agent’s early service with the Bureau, meaningful assignments in criminal justice matters and in national intelligence matters.

establish career positions in national intelligence matters for agents, analysts, and related personnel of the Bureau; and

in furtherance of the requirement under subparagraph (A) and to the maximum extent practicable, afford agents, analysts, and related personnel of the Bureau the opportunity to work in the career specialty selected by such agents, analysts, and related personnel over their entire career with the Bureau.

The Director shall carry out a program to enhance the capacity of the Bureau to recruit and retain individuals with backgrounds in intelligence, international relations, language, technology, and other skills relevant to the intelligence mission of the Bureau.

The Director shall, to the maximum extent practicable, afford the analysts of the Bureau training and career opportunities commensurate with the training and career opportunities afforded analysts in other elements of the intelligence community.

Commencing as soon as practicable after the date of the enactment of this Act, each direct supervisor of a Field Intelligence Group, and each Bureau Operational Manager at the Section Chief and Assistant Special Agent in Charge (ASAC) level and above, shall be a certified intelligence officer.

The Director shall, to the maximum extent practicable, ensure that the successful discharge of advanced training courses, and of one or more assignments to another element of the intelligence community, is a precondition to advancement to higher level intelligence assignments within the Bureau.

In improving the intelligence capabilities of the Federal Bureau of Investigation under subsection (b), the Director of the Federal Bureau of Investigation shall ensure that each Field Intelligence Group reports directly to a field office senior manager responsible for intelligence matters.

The Director shall provide for such expansion of the secure facilities in the field offices of the Bureau as is necessary to ensure the discharge by the field offices of the intelligence mission of the Bureau.

The Director shall require that each Field Intelligence Group manager ensures the integration of analysts, agents, linguists, and surveillance personnel in the field.

The Director of the Federal Bureau of Investigation shall carry out subsections (b) through (d) through the head of the Directorate of Intelligence of the Federal Bureau of Investigation .

The Director of the Federal Bureau of Investigation shall carry out subsections (b) through (d) under the joint guidance of the Attorney General and the Director of National Intelligence in a manner consistent with applicable law.

“(f) Budget Matters.— The Director of the Federal Bureau of Investigation shall establish a budget structure of the Federal Bureau of Investigation to reflect the four principal missions of the Bureau as follows:

Not later than 180 days after the date of the enactment of this Act [ Dec. 17, 2004 ], the Director of the Federal Bureau of Investigation shall submit to Congress a report on the progress made as of the date of such report in carrying out the requirements of this section.

The Director shall include in each annual program review of the Federal Bureau of Investigation that is submitted to Congress a report on the progress made by each field office of the Bureau during the period covered by such review in addressing Bureau and national program priorities.

Not later than 180 days after the date of the enactment of this Act, and every 12 months thereafter, the Director shall submit to Congress a report on the progress of the Bureau in implementing information-sharing principles.

The element of the Federal Bureau of Investigation known as of the date of the enactment of this Act [ Dec. 17, 2004 ] as the Office of Intelligence is hereby redesignated as the Directorate of Intelligence of the Federal Bureau of Investigation .

The head of the Directorate of Intelligence shall be the Executive Assistant Director for Intelligence of the Federal Bureau of Investigation .

The discharge by the Bureau of the requirements in section 105B of the National Security Act of 1947 ([former] 50 U.S.C. 403–5b) [now 50 U.S.C. 3040].

Any other responsibilities specified by the Director of the Federal Bureau of Investigation or specified by law.

The Directorate of Intelligence shall consist of such staff as the Director of the Federal Bureau of Investigation considers appropriate for the activities of the Directorate.

“(a) Establishment of Federal Bureau of Investigation Intelligence Career Service.— The Director of the Federal Bureau of Investigation may—

establish positions for intelligence analysts, and prescribe standards and procedures for establishing and classifying such positions, without regard to chapter 51 of title 5, United States Code; and

fix the rate of basic pay for such positions, without regard to subchapter III of chapter 53 of title 5, United States Code, if the rate of pay is not greater than the rate of basic pay payable for level IV of the Executive Schedule [5 U.S.C. 5315];

establish a performance management system for such individuals with at least one level of performance above a retention standard.

Not less than 60 days before the date of the implementation of authorities authorized under this section, the Director of the Federal Bureau of Investigation shall submit an operating plan describing the Director’s intended use of the authorities under this section to the appropriate committees of Congress .

Not later than December 31, 2005 , and annually thereafter for 4 years, the Director of the Federal Bureau of Investigation shall submit an annual report of the use of the permanent authorities provided under this section during the preceding fiscal year to the appropriate committees of Congress .

“(d) Appropriate Committees of Congress Defined.— In this section, the term ‘appropriate committees of Congress [’] means’ [sic]—

the Committees on Appropriations, Homeland Security and Governmental Affairs, and the Judiciary and the Select Committee on Intelligence of the Senate ; and

the Committees on Appropriations, Government Reform [now Oversight and Reform], and the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives .”

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.

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—

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.

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—

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

the needs of the FBI for specific translation services in certain languages, and recommendations for meeting those needs.”

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).

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.

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.”

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].

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.

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.

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 .

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.”