[Executive Orders]

EXERCISE OF CERTAIN AUTHORITY RESPECTING ELECTRONIC SURVEILLANCE

EO 12139

23 May 1979


    
     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 (this
   chapter) 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 (50 U.S.C. 1803) 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. Section 2-202 of Executive Order No. 12036 (set out under
   section 401 of this title) is amended by inserting the following at
   the end of that section: ''Any electronic surveillance, as defined
   in the Foreign Intelligence Surveillance Act of 1978, shall be
   conducted in accordance with that Act as well as this Order.''.

     1-105. Section 2-203 of Executive Order No. 12036 (set out under
   section 401 of this title) is amended by inserting the following at
   the end of that section: ''Any monitoring which constitutes
   electronic surveillance as defined in the Foreign Intelligence
   Surveillance Act of 1978 shall be conducted in accordance with that
   Act as well as this Order.''.                          

                                                              Jimmy Carter.