EO 12949
Effective Date: February 09, 1995

Responsible Office: Office of General Counsel


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 certification 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 designed 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.

                              /s/William J. Clinton

February 9, 1995.


Back to Main Menu