Defense and national security

Executive Order 12949: Foreign Intelligence Physical Searches

President: Bill Clinton

Delegated presidential functions for approving and certifying foreign-intelligence physical searches under FISA.

Status: In effect as amended by EO 13475.

Is Executive Order 12949 still in effect? Yes, as amended by EO 13475.

What does Executive Order 12949 do?

EO 12949 implemented the 1994 FISA physical-search title. It authorized the Attorney General to approve limited warrantless physical searches when the statutory certifications are met, to approve applications to the Foreign Intelligence Surveillance Court, and identified senior national-security officials who could certify applications. Later organizational changes amended the list, and EO 13475 added the FBI Deputy Director in 2008. The order operates only within current FISA requirements.

Administration position: The order delegates statutory presidential functions; it is not a free-standing power to search. Every search must fit FISA’s applicable court-order or limited statutory exception.
SignedFebruary 9, 1995
StatuteForeign Intelligence Surveillance Act
Major amendmentEO 13475 in 2008

Before and after

Before the order

The 1994 FISA amendments added a physical-search framework requiring presidential delegations and designated certifying officials.

After the order

The Attorney General and named national-security officials could perform those functions under the statute.

Who had to do what

Agency / officeActionTiming / position
Attorney GeneralApprove qualifying searches and FISC applicationsUnder current FISA
Designated officialsMake required national-security certificationsFor qualifying applications

What happened next

EO 12949 delegated the new functions.

EO 13475 amended the certification list.

The order remained subject to current FISA provisions.