Defense and national security

Executive Order 13470: Further Amendments to Executive Order 12333, United States Intelligence Activities

President: George W. Bush

Rewrote major portions of EO 12333 on intelligence roles, sharing and rights protections.

Status: In effect. Is Executive Order 13470 still in effect? Yes. Executive Order 13470 remains in effect. See Federal Register record.

What does Executive Order 13470 do?

The order revised agency and DNI roles, analytic standards, information sharing, intelligence collection procedures and safeguards for U.S. persons. ODNI’s 2024 legal reference prints EO 12333 as amended by EO 13470 alongside earlier amendments.

Administration position: Rewrote major portions of EO 12333 on intelligence roles, sharing and rights protections.
SignedJuly 30, 2008
Earlier frameworkEO 12333 assigned intelligence-community responsibilities; 2004 law created the Director of National Intelligence.
Responsible bodyDNI and intelligence agencies
Follow-up evidence2024: ODNI’s 2024 legal reference prints EO 12333 as amended by EO 13470 alongside earlier amendments.

Before and after

Before the order

EO 12333 assigned intelligence-community responsibilities; 2004 law created the Director of National Intelligence.

After the order

The order revised agency and DNI roles, analytic standards, information sharing, intelligence collection procedures and safeguards for U.S. persons.

ODNI’s 2024 legal reference prints EO 12333 as amended by EO 13470 alongside earlier amendments.

What did the signed order change?

EO 12333 assigned intelligence-community responsibilities; 2004 law created the Director of National Intelligence. The order revised agency and DNI roles, analytic standards, information sharing, intelligence collection procedures and safeguards for U.S. persons.

What happened later?

ODNI — Intelligence Community legal reference book: ODNI’s 2024 legal reference prints EO 12333 as amended by EO 13470 alongside earlier amendments.

What does that evidence establish?

The text requires compliance with federal law and protection of U.S. persons; it does not itself override FISA or constitutional limits. An operative framework is not evidence that a specific intelligence activity was lawful. The signed order states the original requirements.

Who had to do what

Source: Signed Federal Register text.
Agency / officeActionTiming / position
PresidentApprove covert action and issue necessary implementation directives, procedures and guidance, supported by the NSC and DNI.Implementation as necessary; new procedures as expeditiously as possible.
National Security CouncilSupport presidential direction of intelligence; recommend on each proposed covert action, include dissents, review ongoing covert action and other sensitive-operation proposals, and resolve specified disputes referred under the order.Each proposed covert action; periodic ongoing reviews; disputes when referred.
Director of National IntelligenceLead the intelligence community and national intelligence budget; set priorities, task collection and analysis, direct production and sharing, protect sources and coordinate foreign relationships and acquisitions. Issue Attorney General-approved sharing guidelines, align activities, advise on covert action, obtain State foreign-policy advice and perform specified appointment and removal consultations. May establish common services, centers, managers and advisory groups, and declassify specified intelligence after consultation.Ongoing; disseminate exploited national-collection intelligence immediately to appropriate agencies; new implementing procedures as expeditiously as possible.
Heads of executive branch departments and agenciesGive the DNI required intelligence, management and budget information; coordinate systems, support requests and advisory tasking within legal limits, and ensure Part 2 compliance. Coordinate activities and notify the DNI, FBI or CIA of specified uncoordinated clandestine collection and Defense of collection in designated combat or contingency regions. Follow DNI concurrence or consultation requirements for specified appointments and removals.During intelligence operations and relevant personnel decisions; no fixed deadline.
Heads of intelligence-community elementsProvide DNI access; report possible federal crimes to the Attorney General under agreed procedures and potentially unlawful intelligence activities to the IOB, copying the DNI. Protect sources, facilitate lawful information sharing and foreign exchanges, give oversight and privacy officials needed access, and issue implementing procedures approved by the Attorney General where required.When reportable matters arise; new procedures as expeditiously as possible and available to congressional intelligence committees.
Director of the Central Intelligence AgencyCollect, analyze and disseminate foreign intelligence and counterintelligence; conduct counterintelligence without domestic internal-security functions, presidentially approved covert action and necessary support. Coordinate clandestine human-source collection and counterintelligence abroad, foreign intelligence relationships and human intelligence as designated functional manager.Ongoing under DNI policies; covert action only when approved; no fixed deadline.
Director of the Defense Intelligence AgencyCollect and disseminate foreign and defense intelligence, conduct counterintelligence and support, maintain foreign defense-intelligence relationships, manage the Defense Attaché system and provide Defense-directed staff support.Ongoing national and departmental missions; no fixed deadline.
Director of the National Security AgencyManage signals intelligence, collect and process it, control collection resources, support military operations, prescribe security rules and maintain cryptologic liaison. Act as national security systems manager and signals-intelligence functional manager.Ongoing; resource assignments for required military periods and tasks; no fixed deadline.
Director of the National Reconnaissance OfficeResearch, acquire, launch, deploy and operate overhead collection systems and associated processing facilities; maintain foreign liaison for those missions.Ongoing national and departmental missions; no fixed deadline.
Director of the National Geospatial-Intelligence AgencyCollect, process and disseminate geospatial intelligence, support military and departmental requirements, conduct necessary cover support and foreign liaison, and act as geospatial-intelligence functional manager.Ongoing; no fixed deadline.
Commanders and heads of Army intelligence and counterintelligence elementsCollect and disseminate defense intelligence and counterintelligence; conduct counterintelligence, monitor tactical intelligence systems and related research and testing, and maintain military intelligence liaison and exchanges.Ongoing departmental and, as appropriate, national requirements; no fixed deadline.
Commanders and heads of Navy intelligence and counterintelligence elementsCollect and disseminate defense intelligence and counterintelligence; conduct counterintelligence, monitor tactical intelligence systems and related research and testing, and maintain military intelligence liaison and exchanges.Ongoing departmental and, as appropriate, national requirements; no fixed deadline.
Commanders and heads of Air Force intelligence and counterintelligence elementsCollect and disseminate defense intelligence and counterintelligence; conduct counterintelligence, monitor tactical intelligence systems and related research and testing, and maintain military intelligence liaison and exchanges.Ongoing departmental and, as appropriate, national requirements; no fixed deadline.
Commanders and heads of Marine Corps intelligence and counterintelligence elementsCollect and disseminate defense intelligence and counterintelligence; conduct counterintelligence, monitor tactical intelligence systems and related research and testing, and maintain military intelligence liaison and exchanges.Ongoing departmental and, as appropriate, national requirements; no fixed deadline.
FBI intelligence elementsCollect and disseminate foreign intelligence and counterintelligence under Attorney General supervision and approved guidelines; conduct counterintelligence and foreign intelligence liaison.Ongoing; guidelines approved after consultation with the DNI; no fixed deadline.
Commandant of the Coast GuardCollect and disseminate foreign and defense intelligence and counterintelligence, conduct counterintelligence, monitor tactical systems and related research and testing, and maintain foreign intelligence liaison.Ongoing; Defense coordination provisions also apply when operating within Defense; no fixed deadline.
Head of the State Department Bureau of Intelligence and ResearchCollect overtly or from public sources, analyze and disseminate information, intelligence and counterintelligence for national and departmental missions; conduct analytic or information exchanges with foreign partners and international organizations under the coordination rules.Ongoing; no fixed deadline.
Head of the Treasury Office of Intelligence and AnalysisCollect overtly or from public sources, analyze and disseminate information, intelligence and counterintelligence for national and departmental missions; conduct analytic or information exchanges with foreign partners and international organizations under the coordination rules.Ongoing; no fixed deadline.
Head of the DEA Office of National Security IntelligenceCollect overtly or from public sources, analyze and disseminate information, intelligence and counterintelligence for national and departmental missions; conduct analytic or information exchanges with foreign partners and international organizations under the coordination rules.Ongoing; no fixed deadline.
Head of the Homeland Security Office of Intelligence and AnalysisCollect overtly or from public sources, analyze and disseminate information, intelligence and counterintelligence for national and departmental missions; conduct analytic or information exchanges with foreign partners and international organizations under the coordination rules.Ongoing; no fixed deadline.
Head of the Energy Office of Intelligence and CounterintelligenceCollect overtly or from public sources, analyze and disseminate information, intelligence and counterintelligence for national and departmental missions; conduct analytic or information exchanges with foreign partners and international organizations under the coordination rules.Ongoing; no fixed deadline.
Office of the Director of National IntelligenceCollect overtly or from public sources, analyze and disseminate information, intelligence and counterintelligence for ODNI, the National Counterterrorism Center and other national missions.Ongoing; no fixed deadline.
Secretary of StateCollect overt foreign-policy and national-security information, disseminate diplomatic and consular reporting, transmit intelligence requirements to mission chiefs and support their responsibilities. Advise the DNI on foreign-policy implications of proposed intelligence activities.Ongoing; advice sought for proposed activities; no fixed deadline.
Secretary of the TreasuryCollect overt foreign financial information and, in consultation with State, foreign economic information.Ongoing; no fixed deadline.
Secretary of DefenseConduct and support defense intelligence and counterintelligence, respond to DNI tasking, manage signals-intelligence responsibilities with the DNI, transmit critical intelligence promptly, procure systems, protect personnel and facilities and coordinate foreign defense-intelligence exchanges and cover support.Critical intelligence transmitted in a timely manner; other work ongoing; no fixed deadline.
Secretary of Homeland Security / U.S. Secret ServiceDetermine through the Secret Service whether surveillance equipment is being used against specified protectees and officials, acquiring information intentionally only to protect against that equipment, under procedures agreed with the Attorney General.During protective operations; no fixed deadline.
Secretary of EnergyProvide scientific and technical expertise to intelligence agencies, help formulate collection and analysis requirements, and collect overt foreign-energy information with State.Ongoing; no fixed deadline.
Director of the Federal Bureau of InvestigationCoordinate clandestine human-source foreign intelligence and counterintelligence inside the United States; provide necessary technical assistance to foreign intelligence and law-enforcement services under Attorney General supervision and regulations.During relevant activities; no fixed deadline.
Attorney GeneralApprove specified intelligence sharing, domestic coordination and Part 2 procedures after DNI consultation where required; agree criminal-reporting procedures and Secret Service surveillance-protection procedures. Explain refusals to approve non-FBI procedures and refer specified unresolved nonlegal disputes to the NSC.Before covered procedures issue; disputes when unresolved; delegated electronic-surveillance approval must comply with FISA.
DNI-designated functional and mission managersFunctional managers report to the DNI and may receive duties for discipline guidance, training standards and coordination; mission managers advise on their designated substantive country, regional, topic or functional issues.When designated and assigned; no fixed deadline.

What happened next

EO 13470 signed.