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(Rev, 03-08-2006) FEDERAL BUREAU OF INVESTIGATION Precedence: ROUTINE Date: 03/9/7006 To: All Divisions Attn: ADIC, AD, DAD, SAC, CDC From: Office of the General Counsel National Security Law Branch contact: [_- é . ALL INFORMATIGN CONTAINED — Approved By: Mueller Robert S$ III HEREIN IS UNCLASSIFIED be DATE 96-07-2007 BY 65179/DMH/KSR/RY 1076786 Case ID #: 319X-HO-A1487720-0GC Serial 210 Title: NATIONAL SECURITY LETTERS DELEGATION OF SIGNATURE AUTHORITY DELEGATION OF NON-DISCLOSURE CERTIFICATION AUTHORITY DELEGATION OF NON-DISCLOSURE RECERTIFICATION AUTHORITY Synopsis: Delegates signature authority for National Security Letters under the Electronic Communications Privacy Act, 18 U.S.C.§ 2709, the Fair Credit Reporting Act, 15 U.S.C. §§ 1681lu and 168l1v, and the Right to Financial Privacy Act, 12 U.S.C. § 3414(a) (5). Also delegates authority for certification of the necessity for non-disclosure of such national security letters and recertification of the necessity for non-disclosure of such national security letters under the afore-mentioned statutes. Details: The USA Patriot Improvement and Reauthorization Act of 2005 (USAPA IRA) was enacted into law on March 9, 2006, It provides for procedural changes in the issuance of national security letters (NSLs). It provides that in order for the FBI to require that the recipient not disclose the fact of the request, the FBI must certify that certain harm may come were the request to be disclosed. If challenged more than one year later, the FBI must recertify that certain harm may come were the request to be disclosed. Further, the USAPA IRA provides that the NSL recipient may also challenge the receipt of the NSL itself. On the other hand, the FBI now has explicit enforcement authority and contempt penalties that attach to unlawful noncompliance with the NSL. Specifically, the USAPA IRA provides, with respect to each of the NSL statutes set forth above, that a non-disclosure requirement attaches to the NSL "fi]f the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by