Foreign Intelligence Physical Searches

1995-02-13Executive Order 12949
Signed by: William J. Clinton
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Headline: Attorney General Authorized to Approve Foreign Intelligence Physical Searches

What it does: The order directs the Attorney General to authorize foreign-intelligence physical searches or seek court orders, with specified national-security officials providing required certifications.

Real World Impact:
  • Allows year-long physical foreign-intelligence searches without court orders.
  • Gives the Attorney General power to apply for court-ordered searches.
  • Names senior security leaders who must be Senate-confirmed to certify searches.
Topics: foreign intelligence, search authority, national security, court orders

Summary

This order authorizes how the federal government can conduct physical searches to gather foreign intelligence. It lets the Attorney General approve searches without a court order for up to one year if required certifications are made, or seek court orders from the Foreign Intelligence Surveillance Court.

The order names senior national-security officials — the Secretary of State, the Secretary of Defense, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, and their deputies — who may make the required certifications only if they were appointed by the President with Senate confirmation.

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