[Federal Register: February 13, 1995 (Volume 60, Number 29)]

[Presidential Documents]               

[Page 8169]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13fe95-85]









                        Presidential Documents 









____________________________________________________________________



Title 3--

The President  

[[Page 8169]] 





                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.)<Clinton1>><Clinton2>



                THE WHITE HOUSE,



                    February 9, 1995.



[FR Doc. 95-3671

Filed 2-9-95; 2:30 pm]

Billing code 3195-01-P