ExecutiveOrdersEO
EO 13475Executive OrderG.W. Bush · R

Executive Order 13475

Further Amendments To Executive Orders 12139 And 12949 In Light of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

This executive order makes minor technical amendments to two prior executive orders (12139 and 12949) to add the FBI Deputy Director to lists of officials who can authorize certain foreign intelligence surveillance activities, and explicitly exempts that position from Senate confirmation requirements for those purposes. The changes align executive branch procedures with the 2008 FISA Amendments Act.

Federal Register Open PDF 73 FR 60095

Key directives

  • Amend EO 12139 Section 1-103 to add FBI Deputy Director to designated officials list
  • Amend EO 12949 Section 3 to add FBI Deputy Director to designated officials list
  • Specify that FBI Deputy Director need not be Senate-confirmed for these authorization purposes

Timeline

Immediate

  • EO takes effect upon signing; amendments to prior EOs are operative

Near term (90d)

—

Long term

  • Ongoing applicability to FISA-related surveillance authorizations

Risks & tensions

  • Low visibility technical amendment; no substantive expansion of surveillance powers
  • Exemption of FBI Deputy Director from Senate confirmation requirement for these specific authorizations raises minor separation-of-powers considerations, though this reflects existing FBI structure where Deputy Director is not typically Senate-confirmed
  • EO explicitly disclaims creating any enforceable rights, limiting judicial review
Executive Order 13475: Further Amendments To Executive Orders 12139 And 12949 In Light of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 · Executive Orders