Foreign Intelligence Physical Searches
Signed February 9, 1995·William J. Clinton·60 FR 8169
Source
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Plain-language summary
Authorizes the Attorney General, under the Foreign Intelligence Surveillance Act of 1978 as amended, to approve physical searches without a court order for up to one year to collect foreign intelligence information, provided required certifications are made. Also authorizes the Attorney General to approve applications to the Foreign Intelligence Surveillance Court for orders permitting such physical searches. Designates specific national security officials—the Secretary of State, Secretary of Defense, Director of Central Intelligence, Director of the Federal Bureau of Investigation, and their deputies—as authorized to make the certifications required to support these search applications. States that none of these officials, or anyone acting in that role, may exercise this certification authority unless they were appointed by the President with the advice and consent of the Senate.
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, including sections 302 and 303 of the Foreign Intelligence Surveillance Act of 1978 (“Act”) (50 U.S.C. 1801, et seq.), as amended by Public Law 103- 359, and in order to provide for the authorization of physical searches for foreign intelligence purposes as set forth in the Act, 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
Amended by: EO 13475, October 7, 2008
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 12949 of February 9, 1995
Foreign Intelligence Physical Searches
By the authority vested in me as President by the
Constitution and the laws of the United States,
including sections 302 and 303 of the Foreign
Intelligence Surveillance Act of 1978 (“Act”) (50
U.S.C. 1801, et seq.), as amended by Public Law 103-
359, and in order to provide for the authorization of
physical searches for foreign intelligence purposes as
set forth in the Act, it is hereby ordered as follows:
Section 1. Pursuant to section 302(a)(1) of the Act,
the Attorney General is authorized to approve physical
searches, without a court order, to acquire foreign
intelligence information for periods of up to one year,
if the Attorney General makes the certifications
required by that section.
Sec. 2. Pursuant to section 302(b) of the Act, the
Attorney General is authorized to approve applications
to the Foreign Intelligence Surveillance Court under
section 303 of the Act to obtain orders for physical
searches for the purpose of collecting foreign
intelligence information.
Sec. 3. Pursuant to section 303(a)(7) of the Act, the
following officials, each of whom is employed in the
area of national security or defense, is designated to
make the certifications required by section 303(a)(7)
of the Act in support of applications to conduct
physical searches:
(a) Secretary of State;
(b) Secretary of Defense;
(c) Director of Central Intelligence;
(d) Director of the Federal Bureau of
Investigation;
(e) Deputy Secretary of State;
(f) Deputy Secretary of Defense; and
(g) Deputy Director of Central Intelligence.
None of the above officials, nor anyone officially
acting in that capacity, may exercise the authority to
make the above certifications, unless that official has
been appointed by the President, by and with the advice
and consent of the Senate.
(Presidential Sig.)>
THE WHITE HOUSE,
February 9, 1995.Reproduced from the Federal Register plain-text record, signed February 9, 1995. Typesetting artifacts are removed; no wording is changed.