Further Amendments To Executive Orders 12139 And 12949 In Light of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
Signed October 7, 2008·George W. Bush·73 FR 60095
Source
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Plain-language summary
Amends Executive Orders 12139 and 12949, which govern who may approve applications for electronic surveillance and physical searches under the Foreign Intelligence Surveillance Act, to reflect changes made by the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008. It adjusts internal cross-references, adds the Deputy Director of the Federal Bureau of Investigation to the list of officials who may make such certifications, and specifies that, unlike other listed officials, the Deputy Director need not be an official appointed by the President with Senate confirmation to qualify. The order states it creates no enforceable legal rights or benefits for any party against the government or its officers and employees.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 104 and 303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended by the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (Public Law 110-261), it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amends: EO 12139, May 23, 1979; EO 12949, February 9, 1995
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13475 of October 7, 2008
Further Amendments To Executive Orders 12139 And
12949 In Light of the Foreign Intelligence Surveillance
Act of 1978 Amendments Act of 2008
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 104 and 303 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.), as amended by the Foreign Intelligence
Surveillance Act of 1978 Amendments Act of 2008 (Public
Law 110-261), it is hereby ordered as follows:
Section 1. Section 1-103 of Executive Order 12139 of
May 23, 1979, as amended, is further amended by:
(a) striking “(7)” each place it appears and
inserting in lieu thereof “(6)”;
(b) adding after subsection (h) “(i) Deputy
Director of the Federal Bureau of Investigation.”; and
(c) by adding after the sentence that begins “None
of the above officials . . .”, a new sentence to read
“The requirement of the preceding sentence that the
named official must be appointed by the President with
the advice and consent of the Senate does not apply to
the Deputy Director of the Federal Bureau of
Investigation.”
Sec. 2. Section 3 of Executive Order 12949 of February
9, 1995, as amended, is further amended by:
(a) striking “(7)” each place it appears and
inserting in lieu thereof “(6)”;
(b) striking “and” at the end of subsection (g);
(c) striking the period at the end of subsection
(h) and inserting in lieu thereof “; and”;
(d) adding after subsection (h) “(i) Deputy
Director of the Federal Bureau of Investigation.”; and
(e) by adding after the sentence that begins “None
of the above officials . . .”, a new sentence to read
“The requirement of the preceding sentence that the
named official must be appointed by the President with
the advice and consent of the Senate does not apply to
the Deputy Director of the Federal Bureau of
Investigation.”
Sec. 3. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against
the United States, its agencies, instrumentalities, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
October 7, 2008.Reproduced from the Federal Register plain-text record, signed October 7, 2008. Typesetting artifacts are removed; no wording is changed.