carry out its responsibilities. Inspectors General and General Counsel of the Intelligence Community, to the extent permitted by law, shall report to the IOB, at least on a quarterly basis and from time to time as necessary or appropriate, concerning intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive. PART III. GENERAL PROVISIONS Sec. 3.1. Information made available to the PFIAB, or members of the PFIAB acting in their IOB capacity, shall be given all necessary security protection in accordance with applicable laws and regulations. Each member of the PFIAB, each member of the PFIAB's staff and each of the PFIAB's consultants shall execute an agreement never to reveal any classified information obtained by virtue of his or her services with the PFIAB except to the President or to such persons as the President may designate. Sec. 3.2. Members of the PFIAB shall serve without compensation but may receive transportation expenses and per diem allowance as authorized by law. Staff and consultants to the PFIAB shall receive pay and allowances as authorized by the President. Sec. 3.3. Executive Order No. 12334 of December 4, 1981, as amended, and Executive Order No. 12537 of October 28, 1985, as amended, are revoked. (4) Foreign Intelligence Physical Searches Executive Order 12949, February 9, 1995, 60 F.R. 8169 By the authority vested in me as President by the Constitution and the laws of the United States, including sections 302 and 303 of the Foreign Intelligence Surveillance Act of 1978 ("Act") (50 U.S.C. 1801, et seq.), as amended by Public Law 101-359, and in order to provide for the authorization of physical searches for foreign intelligence purposes as set forth in the Act, it is hereby ordered as follows: Section. 1. Pursuant to section 302(a)(1) of the Act, the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section. Sec. 2. Pursuant to section 302(a)(1) of the Act, the Attorney General is authorized to approve applications to the Foreign Intelligence Surveillance Court under section 303 of the Act to obtain orders for physical searches for the purpose of collecting foreign intelligence information. Sec. 3. Pursuant to section 303(a)(7) of the Act, the following officials, each of whom is employed in the areas of national security or defense, is designated to make the certifications required by section 303(a)(7) of the Act in support of applications to conduct physical searches: (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; and (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, by and with the advice and consent of the Senate. h. International Agreements (1) Compilation and Transmittal of International Agreements Section 112a and 112b, Title 1, United States Code; as added by Act of September 23, 1950, 64 Stat. 980; and added by Public Law 92-403 [Case-Zablocki Act, S. 596], 86 Stat. 619, approved August 22, 1972; as amended by Public Law 95-45 [Department of State Appropriation Authorization; H.R. 5040] 91 Stat. 221, approved June 15, 1977; Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963, approved October 7, 1978; Public Law 103–236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; Public Law 103–437 [H.R. 4777], 108 Stat. 4581, approved November 2, 1994 § 112a.1 United States Treaties and Other International Agreements; contents; admissibility in evidence (a)2 The Secretary of State shall cause to be compiled, edited, indexed, and published, beginning as of January 1, 1950, a compilation entitled "United States Treaties and Other International Agreements," which shall contain all treaties to which the United States is a party that have been proclaimed during each calendar year, and all international agreements other than treaties to which the United States is a party that have been signed, proclaimed, or with reference to which any other final formality has been executed, during each calendar year. The said United States Treaties and Other International Agreements shall be legal evidence of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and agreements, therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States. (b) 3 The Secretary of State may determine that publication of certain categories of agreements is not required, if the following criteria are met: (1) such agreements are not treaties which have been brought into force for the United States after having received Title VIII of the Legislative Branch Appropriations Act, 1976 (Public Law 94-59; 89 Stat. 296; 44 USC 1317 note), however, provided the following. "Hereafter, notwithstanding any other provisions of law, appropriations for the automatic distribution to Senators and Representatives (including Delegates to Congress and the Resident Commissioner from Puerto Rico) of copies of the Foreign Relations of the United States, the United States Treaties and other International Agreements, the District of Columbia Code and Supplements, and more than one bound set of the United States Code and Supplements shall not be available with respect to any Senator or Representative unless such Senator or Representative specifically, in writing, requests that he receive copies of such documents.". 2 Sec. 138(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), added subsec. designation "(a)". 3 Sec. 138(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), added subsecs. (b) and (c). The Secretary of State delegated functions authorized under subsection (b) to the Legal Advisor (Department of State Public Notice 2086; sec. 13 of Delegation of Authority No. 214; 59 F.R. 50790). Senate advice and consent pursuant to section 2(2) of Article (2) the public interest in such agreements is insufficient to justify their publication, because (A) as of the date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, the agreements are no longer in force, (B) the agreements do not create private rights or duties, or establish standards intended to govern government action in the treatment of private individuals; (C) in view of the limited or specialized nature of the public interest in such agreements, such interest can adequately be satisfied by an alternative means; or (D) the public disclosure of the text of the agreement would, in the opinion of the President, be prejudicial to the national security of the United States; and (3) copies of such agreements (other than those in paragraph (2)(D)), including certified copies where necessary for litigation or similar purposes, will be made available by the Department of State upon request. (c)3 Any determination pursuant to subsection (b) shall be published in the Federal Register. § 112b. United States international agreements; transmission to Congress (a) 5 The Secretary of State shall transmit to the Congress the text of any international agreement (including the text of any oral international agreement, which agreement shall be reduced to writing) other than a treaty, to which the United States is a party as soon as practicable after such agreement has entered into force with respect to the United States but in no event later than sixty days thereafter." However, any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States shall not be so transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives under an appropriate injunction of secrecy to be removed only upon due notice from the President. Any department or agency of the United States Government which enters into any international agreement on behalf of the United States shall transmit to the Department of State the text of such agreement not later than twenty days after such agreement has been signed.9 (b)5 Not later than March 1, 1979, and at yearly intervals thereafter, the President shall, under his own signature, transmit to the Popularly known as the Case-Zablocki Act. Sec. 708 of Public Law 95-426 (92 Stat. 993) inserted the subsection designation “(a)" and added subsecs. (b) through (e). The parenthetical phrase was added by sec. 708 of Public Law 95-426 (92 Stat. 993). 7Sec. 139 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1347) required that if the sixty-day period specified in this sentence was not honored, no funds authorized to be appropriated would be available after the end of the sixtyday period to implement any agreement required to be transmitted until the text of such agreement was so transmitted. This restriction on use of funds was made effective sixty days after the enactment of Public Law 100-204 and made applicable during fiscal years 1988 and 1989. Sec. 1 of Public Law 103-437 (108 Stat. 4581) struck out "Committee on International Relations" and inserted in lieu thereof "Committee Foreign Affairs”. This sentence was added to sec. 112b of title I by sec. 5(a) of Public Law 95-45 (91 Stat. Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report with respect to each international agreement which, during the preceding year, was transmitted to the Congress after the expiration of the 60-day period referred to in the first sentence of subsection (a), describing fully and completely the reasons for the late transmittal. (c) 5 Notwithstanding any other provision of law, an international agreement may not be signed or otherwise concluded on behalf of the United States without prior consultation with the Secretary of State. Such consultation may encompass a class of agreements rather than a particular agreement. (d) 5 The Secretary of State shall determine for and within the executive branch whether an arrangement constitutes an international agreement within the meaning of this section. (e) 5 The President shall, through the Secretary of State, promulgate such rules and regulations as may be necessary to carry out this section. |