Executive Order 12139: Foreign intelligence electronic surveillance

Summary

Carter’s EO 12139 assigns presidential functions under the Foreign Intelligence Surveillance Act. It concerns the Attorney General’s authority in specified statutory circumstances and designates officials for required certifications. It is not a general presidential permission for unrestricted warrantless surveillance, and it should not be confused with later surveillance authorities enacted under different FISA sections.

Status: In effect. Yes. As amended, it delegates specified FISA functions; authorization without a court order remains subject to the statute’s conditions.

Key facts at a glance

Signed	May 23, 1979
President	Jimmy Carter
Federal Register	44 FR 30311; published May 25, 1979
Current label	In effect
Amended by	EO 12333, EO 13383, EO 13475
Related orders	EO 12333, EO 13383, EO 13475
Checked	October 25, 2026

What it requires today

The Attorney General may exercise the presidential authorization identified in 50 U.S.C. 1802, subject to that section’s requirements and certifications. The order delegates a statutory function; it does not remove the statute’s restrictions on the targets, circumstances or handling of surveillance.

The order designates officials who may make the certifications associated with applications under section 1804. Later amendments changed offices and added officials. A list copied from the 1979 version can therefore misidentify who currently holds a delegated function.

A particular surveillance action needs the relevant statutory route, approvals and facts. The existence of a delegation order is not evidence that an agency obtained a valid certification in a particular case or that all intelligence collection falls within this route.

Who it affects

The Attorney General, designated national-security officials and agencies undertaking covered foreign intelligence activity are directly affected. Individuals’ legal protections arise from the applicable constitutional and statutory framework. This guide does not determine whether any person has been surveilled or whether a specific operation was lawful.

How it came about

FISA established statutory procedures for foreign intelligence electronic surveillance in 1978. EO 12139 followed in 1979 to assign functions that the statute placed with the President and to identify certifying officials. Subsequent organizational changes, including creation of the Director of National Intelligence, required amendments to the presidential delegations.

What agencies did under it

The current statutory notes to sections 1802 and 1804 preserve the delegation framework and its amendments. EO 13383 updated references for the Director of National Intelligence; EO 13475 addressed the FBI Deputy Director. The amended instrument should therefore be consulted rather than relying on titles that changed after 1979.

This delegation is distinct from the much broader intelligence responsibilities in EO 12333 and from particular statutory collection programs. A useful legal analysis identifies which authority is actually being invoked rather than treating all intelligence-related orders as interchangeable.

The certification role should not be confused with a court’s role in reviewing an application. Each occupies a different place in the statutory process.

Implementation records: FISA authorization and delegation notes; FISA applications and certifications.

Amendments and family tree

EO 12333 changed related earlier provisions; EOs 13383 and 13475 amended the official designations. The reviewed current disposition does not identify a whole-order revocation. The guide’s continuing label refers to the amended statutory delegation, not to every historical organizational reference in an old reproduction.

Related guides: EO 12333, EO 13383, EO 13475.

Selected historical wording from the National Archives codification

EO 12139: this excerpt preserves the historical codified wording. For present application, yes. As amended, it delegates specified FISA functions; authorization without a court order remains subject to the statute’s conditions.

By the authority vested in me as President by Sections 102 and 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802 and 1804), in order to provide as set forth in that Act for the authorization of electronic surveillance for foreign intelligence purposes, it is hereby ordered as follows: 1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section. 1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act of 1978 (50 U.S.C. 1802(b)), the Attorney General is authorized to approve applications to the court having jurisdiction under Section 103 of that Act to obtain orders for electronic surveillance for the purpose of obtaining foreign intelligence information. 1-103. Pursuant to Section 104(a)(7) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)), 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 104(a)(7) of the Act in support of applications to conduct electronic surveillance: (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. (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 with the advice and consent of the Senate. 1-104. [Deleted] 1-105. [Deleted] [Secs. 1-104 and 1-105 amended Executive Order 12036 of Jan. 24, 1978, which was revoked by Executive Order 12333 of Dec. 4, 1981.]

Read the official text and source notes.

Court cases

No court ruling specifically on EO 12139 was found in the official presidential, disposition and agency sources examined as of October 25, 2026. The status assessment for this instrument is: Yes. As amended, it delegates specified FISA functions; authorization without a court order remains subject to the statute’s conditions.

Common questions

Does this authorize any warrantless surveillance?

No. The delegated authority is tied to the statutory conditions in section 1802. The order does not create an unlimited alternative to FISA.

Are the original official titles current?

Later amendments changed the designations. The current amended text and statutory notes matter when identifying who may certify.

Is EO 12333 the same authority?

No. It has a different scope covering intelligence responsibilities. A collection activity needs its specific legal authority, not simply a related executive-order title.

Does the guide decide a particular operation’s legality?

No. That requires facts, applicable statutory provisions, actual approvals and any relevant judicial decisions. A delegation’s continuing status is only one part of that inquiry.

Legal basis

The order expressly invokes FISA sections 102 and 104, codified at 50 U.S.C. 1802 and 1804. Section 301 of title 3 also supplies the general delegation setting. Delegating a presidential function cannot enlarge the underlying statutory surveillance authority.

Sources

Cite this page

EO Explained, “Executive Order 12139: Foreign intelligence electronic surveillance”, checked October 25, 2026. https://eoexplained.com/historic-orders/historic-12139-foreign-intelligence-electronic-surveillance. Include an access date when citing this dated account. For the presidential instrument itself, cite 44 FR 30311 and the official text.

Last checked

October 25, 2026. EO 12139 was checked against its signed record, current disposition and cited implementation sources for the status and scope described above. Report an error or a later official source.