[Weekly Compilation of Presidential Documents Volume 44, Number 40 (Monday, October 13, 2008)]
[Pages 1317-1318]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

October 7, 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

[[Page 1318]]

            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.
                                                George W. Bush
 The White House,
 October 7, 2008.

 [Filed with the Office of the Federal Register, 8:45 a.m., October 9, 
2008]

Note: This Executive order was published in the Federal Register on 
October 10.