Executive Order 13475: Further Amendments to EO12139 and EO12949 In Light of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008

President: George W. Bush

Added the FBI Deputy Director to specified surveillance and physical-search certification lists.

Status: In effect. Is Executive Order 13475 still in effect? Yes. Executive Order 13475 remains in effect. See Federal Register record.

What does Executive Order 13475 do?

The order added the FBI Deputy Director in both lists and excepted that office from the Senate-confirmation condition applying to other designated officials. The current U.S. Code notes accompanying FISA reproduce the amended designation language.

Administration position: Added the FBI Deputy Director to specified surveillance and physical-search certification lists.
SignedOctober 7, 2008
Earlier frameworkEOs 12139 and 12949 designated officials for certifications under FISA; EO 13383 had updated them after creation of the DNI.
Responsible bodyNamed certifying officials and Attorney General
Follow-up evidence2026 code edition: The current U.S. Code notes accompanying FISA reproduce the amended designation language.

Before and after

Before the order

EOs 12139 and 12949 designated officials for certifications under FISA; EO 13383 had updated them after creation of the DNI.

After the order

The order added the FBI Deputy Director in both lists and excepted that office from the Senate-confirmation condition applying to other designated officials.

The current U.S. Code notes accompanying FISA reproduce the amended designation language.

What did the signed order change?

EOs 12139 and 12949 designated officials for certifications under FISA; EO 13383 had updated them after creation of the DNI. The order added the FBI Deputy Director in both lists and excepted that office from the Senate-confirmation condition applying to other designated officials.

What happened later?

U.S. Code — FISA electronic-surveillance order note: The current U.S. Code notes accompanying FISA reproduce the amended designation language.

What does that evidence establish?

A listed certifier does not dispense with FISA’s substantive standards, approvals or court process where required. The list is not evidence that the Deputy Director certified any particular application. The signed order states the original requirements.

Who had to do what

Source: Signed Federal Register text.
Agency / officeActionTiming / position
Deputy Director of the Federal Bureau of InvestigationAdded to the official lists in section 1–103 of Executive Order 12139 and section 3 of Executive Order 12949; exempted from those sections' presidential-appointment and Senate-confirmation requirement.When applying the amended official-designation provisions; no new deadline.

What happened next

EO 13475 signed.