Foreign Intelligence Physical Searches

This executive order delegates authority to the Attorney General to approve warrantless physical searches for foreign intelligence purposes up to one year, and to apply for court orders for such searches under the Foreign Intelligence Surveillance Act. It also designates specific senior national security officials to certify applications for physical search orders.

Federal Register Open PDF 60 FR 8169

Key directives

Attorney General authorized to approve physical searches without court order for up to one year under FISA §302(a)(1)
Attorney General authorized to approve applications to FISC for physical search orders under FISA §302(b)
Secretary of State, Secretary of Defense, DCI, FBI Director, and their deputies designated to certify applications under FISA §303(a)(7)
Certification authority restricted to Senate-confirmed presidential appointees

Who is ordered

Timeline

Immediate

Attorney General authorized to approve physical searches without court order
Attorney General authorized to apply to FISC for physical search orders
Designated officials may begin certifying applications

Near term (90d)

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Long term

Ongoing framework for physical search authorization under FISA
Potential for recurring use of one-year warrantless search authority

Risks & tensions

Warrantless physical search authority raises Fourth Amendment concerns, though text frames it as congressionally authorized under FISA
Restriction to Senate-confirmed officials creates vacancy vulnerability
Vague: no reporting or oversight mechanisms specified in EO text beyond statutory framework
Pre-9/11 expansion of surveillance tools; later context (2001-2006) showed tension with civil liberties