◆ SpookStack

To: Ali Divisions From: oO6C Re: , 03/9/2006 the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of a person." Once such a certification is made, if unchallenged, neither the recipient "or officer, employee, or agent of {such recipient] shall disclose to any person (other than those to whom disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request)" that the FBI has sought or obtained access to the records.! —— There is a second non-disclosure certification provided by the USAPA IRA. If there is a challenge to the non-disclosure provision one year or more after the request is made, the Director or his designee, as defined above, may terminate the nondisclosure requirement or recertify that disclosure may result in the harm enumerated above.’ Thus, via this EC, I am delegating the authority to make the initial non-disclosure certification and any necessary subsequent non-disclosure recertification. However, in order to assure consistency between the persons to whem the non-disclosure certifications are delegated and the persons to whom signature authority is delegated, I am also revisiting the issue of the personnel to whom signature authority for NSLs has been delegated. Since the enactment of the 2001 USA Patriot Act, which expanded the scope and availability of national security letters, I have issued several Electronic Communications delegating signature authority for such investigative tools. [In light of the reorganization of the FBI, and specifically, the creation of the National Security Branch, it has become necessary to revise ' The language in the USPAP IRA with respect to each of the NSL statutes is identical, accounting for the different recipients, except that the language in the 1681lv NSL statute applies to government agencies which conduct international terrorism investigations, rather than only the FBI, and the designee provision simply states that the government agency head or his designee may certify the danger that would arise from disclosure. It does not otherwise place any restrictions on the agency head's designee. However, for purposes of consistency, the non-disclosure certification delegation for 168iv will be made at the same level as the non-disclosure certification delegations for the other NSL statutes. > There is also a provision under which, if a challenge to the non- disclosure provision is filed within one year of the request, a certification by the Director of the FBI will be treated as conclusive unless the court finds that the certificalion was made in bad faith. 2