Executive Order 13383: Amending Executive Orders 12139 and 12949 in Light of Establishment of the Office of Director of National Intelligence

President: George W. Bush

Replaced obsolete intelligence leadership titles on two foreign-intelligence surveillance certification lists.

Status: In effect. Is Executive Order 13383 still in effect? Yes. Executive Order 13383 remains in effect. See Federal Register record.

What does Executive Order 13383 do?

EO 13383 substituted the Director of National Intelligence for the Director of Central Intelligence, named the CIA Director in place of the former deputy, and added the Principal Deputy Director of National Intelligence in both orders. EO 13475 further amended the same two orders in 2008, including adding the FBI Deputy Director to their certification lists.

Administration position: The 2005 order updated who could make specified FISA certifications after creation of the DNI.
SignedJuly 15, 2005
Earlier frameworkEOs 12139 and 12949 designated officials eligible to make statutory certifications for electronic surveillance and physical-search applications.
Responsible bodyNamed intelligence and national-security officials
Later primary evidenceOctober 7, 2008: EO 13475 further amended the same two orders in 2008, including adding the FBI Deputy Director to their certification lists.

Before and after

Before the order

EOs 12139 and 12949 designated officials eligible to make statutory certifications for electronic surveillance and physical-search applications.

After the order

EO 13383 substituted the Director of National Intelligence for the Director of Central Intelligence, named the CIA Director in place of the former deputy, and added the Principal Deputy Director of National Intelligence in both orders.

EO 13475 further amended the same two orders in 2008, including adding the FBI Deputy Director to their certification lists.

What did the signed order change?

EOs 12139 and 12949 designated officials eligible to make statutory certifications for electronic surveillance and physical-search applications. EO 13383 substituted the Director of National Intelligence for the Director of Central Intelligence, named the CIA Director in place of the former deputy, and added the Principal Deputy Director of National Intelligence in both orders.

What happened later?

EO 13475 — further amendments to surveillance orders documents this later development: EO 13475 further amended the same two orders in 2008, including adding the FBI Deputy Director to their certification lists.

What does that evidence establish?

EO 13383 changes certification designations in EOs 12139 and 12949; it does not itself authorize surveillance without the safeguards in FISA. EO 13475 later changed both lists further. A listed official is not proof of an application, approval or search in a particular case. The signed order controls its original terms.

Who had to do what

Agency / officeActionTiming / position
Named intelligence and national-security officialsMade certifications only under applicable statutory and executive conditionsUnder the signed order and governing law

What happened next

EO 13383 signed.

EO 13475 further amended the same two orders in 2008, including adding the FBI Deputy Director to their certification lists.