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National Security Letters - NSLB - OGC Page 11 of 14 both the SAC certification and the CDC legal review. Thus, approval of an NSL needs to include a review of why the FBI is conducting the investigation. The fact that there is no legal review of the opening of an investigation does not preclude review of the reason for the investigation in the course of determining whether an NSL request meets the iegal standard of the NSL statute. NO EXIGENT LETTERS The practice of using exigent letters to obtain NSL- type information prior to issuance of an NSL has been prohibited. See EC dated 3/1/2007, Telephone Inquiries; Emergency Disclosure Provision, 319X-HQ-A1487720-OGC, Serial 331. Instead, in emergency circumstances, a letter under 18 U.S.C. 2702 {which letters are also sometimes called “exigent letters” by the field but they differ from those that have been used at HQ because they do in fact reference 2702 and thus are acceptable) may be issued. The letter, a sample of which is attached to the above-referenced EC, describes the circumstances of the emergency and requests that the recipient make a determination that in fact “an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information.” 18 U.S.C, § 2702(b)(8) and (c){4). Both content and customer records are available under this statute. The disclosure does not need to be followed by legal process, although some recipients may require such process, and a promise In advance, in order to release the records. REPORTING REQUIREMENTS NSLB is required to report information about its NSL usage to Congress, Therefore, it is crucial that the portion of the EC that addresses reporting requirements is accurately addressed. While an EC may cover more than one target, more than one account, and more than one recipient, when ail of the requests are related, the EC must break down the number of targeted phone numbers/email accounts/financial accounts that are addressed to each and every NSL recipient. Therefore, if there are three targets, ten accounts, and six recipients of an NSL, then the EC must state how many accounts are the subject of the NSL to recipient 1, to recipient 2, etc. It is not sufficient to tell NSLB that there are ten accounts and six recipients. f }