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tRev. 01-31-2003) FEDERAL BUREAU OF INVESTIGATION Precedence; ROUTINE Date: 04/11/2006 To: Counterterrorism Attn: AD, DAD Counterintelligence AD, DAD Cyber Acting AD, DAD All Field Offices ADIC SAC cpe From: Office of the General Counsel National Security Law Branch LX-1 Room 35100 Contact: ALL INFORMATION CONTAINED Approved By: Caproni Valerie £ HEREIN IS UNCLASSIFIED b6 Hulon Willie T DATE 06-07-2007 BY 65179/DNH/KSR/RW bre 1076786 Drafted By: Case ID #: 319X-HO~A1487720+OGC Title: LEGAL ADVICE AND OPINIONS; FBI POLICY RE REIMBURSEMENT OF COSTS TO RECIPIENTS OF NATIONAL SECURITY LETTERS Synopsis: Provides guidance to the field as to the establishment within the FBI of a uniform policy with respect to reimbursement of costs to recipients of National Security Letters {NSLs) for the production of information responsive to NSbLs. This guidance provides that where the authorizing statute requires reimbursement, clearly we will continue our practice of paying. Where the authorizing statute does not reference any form of reimbursement, then the FBI will not pay for the information. Details: Four statutes that provide for the issuance of National Security Letters vary in their provision for reimbursement of costs to recipients of NSLs for production of information responsive to NSLs. The Electronic Communications Privacy Act (ECPA), 18 U.S.C. § 2709, does not provide for reimbursement of costs; thus, there is no legal obligation to pay for toll billing/subscriber records or electronic communication transactional records to which the statute applies. The Right to Financial Privacy Act (RFPA), 12 U.S.C. § 3415, requires