	Introduction

This report provides an overview of the development of the process for appointing the Director of the Federal Bureau of Investigation (FBI), briefly discusses the history of nominations to this position, and identifies related congressional hearing records and reports. Overview

Federal statute provides that the Director of the FBI is to be appointed by the President by and with the advice and consent of the Senate. Since 1972, seven nominations for FBI Director have been confirmed, and two other nominations have been withdrawn. On the day after the death of long-time Director J. Edgar Hoover, L. Patrick Gray was appointed acting Director. Clarence M. Kelley was the first individual to become FBI Director through the nomination and confirmation process. P.L. 112-24 , enacted on July 26, 2011, allowed the incumbent Director to be nominated for, and appointed to, an additional two-year term. After the bill was signed, Mueller was nominated for this second term by President Barack Obama, and he was confirmed the following day by vote of 100-0. Mueller's two-year term expired on September 4, 2013. The legislative circumstances surrounding Mueller's reappointment are further detailed in Appendix A . James B. Comey Jr. As Mueller's unique two-year term drew to a close, President Obama nominated James B. Comey Jr. to succeed him. The President submitted Comey's nomination on June 21, 2013. Comey began his 10-year term of office on September 4, 2013. The Senate also agreed that, if the bill were passed by the House and signed into law, a subsequent nomination would receive expedited consideration
[I]f Robert S. Mueller, III, is nominated to be Director of the Federal Bureau of Investigation, the nomination be placed directly on the Executive Calendar; that at a time to be determined by the majority leader, in consultation with the Republican leader, the Senate proceed to executive session to consider the nomination; that there will be 2 hours for debate equally divided in the usual form; that upon the use or yielding back of time, the Senate proceed to vote without intervening action or debate on the nomination; the motion to reconsider be considered made and laid upon the table with no intervening action or debate; that no further motions be in order to the nomination; that any statements related to the nomination be printed in the Record; that the President be immediately notified of the Senate's action, and the Senate resume legislative session. 112-24 ). President Obama immediately nominated Mueller to a second, two-year term. On July 27, 2011, Mueller was confirmed by a vote of 100-0. Appendix B. Constitutionality of Extending the FBI Director's Term of Office 
The constitutionality of extending an officer's fixed term of office, specifically the Director of the FBI, depends on how a proposed extension reads and whether the President will be able to retain plenary authority to remove such officer.
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, seven 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, and the officeholder cannot be reappointed, unless Congress acts to allow a second appointment of the incumbent. There are no statutory conditions on the President's authority to remove the FBI Director. Since 1972, one Director has been removed by the President.
Robert S. Mueller III was the first FBI Director to be appointed to a second term, and this was done under special statutory arrangements. He was first confirmed by the Senate on August 2, 2001, with a term of office that expired in September 2011. In May 2011, President Barack Obama announced his intention to seek legislation that would extend Mueller's term of office for two years. Legislation that would allow Mueller to be nominated to an additional, two-year term was considered and passed in the Senate and the House, and President Obama signed the bill into law (P.L. 112-24) on July 26, 2011. Mueller subsequently was nominated and confirmed to the two-year term, and he served until September 4, 2013.
On June 21, 2013, President Obama nominated James B. Comey Jr., a former Deputy Attorney General, to succeed Mueller. Comey was confirmed by the Senate on July 29, 2013, and he took office on September 4, 2013.
This report provides an overview of the development of the process for appointing the FBI Director, briefly discusses the history of nominations to this position, and identifies related congressional hearing records and reports.
Two appendixes to the report provide information and analysis concerning the 2011 extension of the Director's tenure. Appendix A documents the successive developments that enabled this extension, including the enactment of P.L. 112-24 and Mueller's nomination and confirmation. Appendix B provides a legal overview and analysis of extending a term of office.
This report will be updated as developments warrant.