[Weekly Compilation of Presidential Documents Volume 31, Number 6 (Monday, February 13, 1995)]
[Pages 223-224]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12949--Foreign Intelligence Physical Searches

February 9, 1995

    By the authority vested in me as President by the Constitution and 
the laws of the Unit- 

[[Page 224]]

ed 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.
                                            William J. Clinton
The White House,
February 9, 1995.

[Filed with the Office of the Federal Register, 2:30 p.m., February 9, 
1995]

Note: This Executive order was published in the Federal Register on 
February 13.