12 U.S.C. § 3415 — Cost reimbursement

Page 1549 TITLE 12—BANKS AND BANKING § 3416 vestigation has sought or obtained access to a cus- tomer’s or entity’s financial records under this para- graph.’’ Subsec. (a)(5)(D)(iv). Pub. L. 109–178, § 4(d)(2), which directed the general amendment of clause (iv) of sec- tion 1114(a)(5)(D) of the Right to Financial Privacy Act, was executed to clause (iv) of subsec. (a)(5)(D) of this section, which is section 1114 of the Right to Financial Privacy Act of 1978, to reflect the probable intent of Congress. Prior to amendment, cl. (iv) read as follows: ‘‘At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under this section shall identify to the Director or such des- ignee the person to whom such disclosure will be made or to whom such disclosure was made prior to the re- quest, but in no circumstance shall a person be re- quired to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance.’’ 2003—Subsec. (d). Pub. L. 108–177 added subsec. (d). 2002—Subsec. (a)(5)(C). Pub. L. 107–306 substituted ‘‘On the dates provided in section 415b of title 50, the Attorney General shall fully inform the congressional intelligence committees (as defined in section 401a of title 50)’’ for ‘‘On a semiannual basis the Attorney Gen- eral shall fully inform the Permanent Select Com- mittee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Sen- ate’’. 2001—Subsec. (a)(1)(C). Pub. L. 107–56, § 358(f)(2), added subpar. (C). Subsec. (a)(5)(A). Pub. L. 107–56, § 505(b), inserted ‘‘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 the Director’’ after ‘‘Director’s designee’’ and substituted ‘‘sought for for- eign counter intelligence purposes to protect against international terrorism or clandestine intelligence ac- tivities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Con- stitution of the United States’’ for ‘‘sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to believe that the customer or entity whose records are sought is a for- eign power or an agent of a foreign power as defined in section 1801 of title 50’’. 1986—Subsec. (a)(5). Pub. L. 99–569 added par. (5). 1982—Subsec. (b)(2). Pub. L. 97–320 struck out ‘‘of’’ after ‘‘financial institution’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–178, Mar. 9, 2006, 120 Stat. 282, provided in part that: ‘‘This Act [amending this section, sections 1681u and 1681v of Title 15, Commerce and Trade, sec- tion 2709 of Title 18, Crimes and Criminal Procedure, and sections 436 and 1861 of Title 50, War and National Defense, and enacting provisions set out as a note under section 1 of Title 18] shall become effective im- mediately upon enactment [Mar. 9, 2006].’’ EFFECTIVE DATE OF 2001 AMENDMENT Amendment by section 358(f)(2) of Pub. L. 107–56 ap- plicable with respect to reports filed or records main- tained on, before, or after Oct. 26, 2001, see section 358(h) of Pub. L. 107–56, set out as a note under section 1829b of this title. EFFECTIVE DATE Section effective upon the expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out as a note under section 375b of this title. TRANSFER OF FUNCTIONS For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. TERMINATION PROCEDURES Pub. L. 114–23, title V, § 502(f), June 2, 2015, 129 Stat. 288, provided that: ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [June 2, 2015], the Attor- ney General shall adopt procedures with respect to non- disclosure requirements issued pursuant to section 2709 of title 18, United States Code, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act [of 1978] (12 U.S.C. 3414), or section 802 of the National Se- curity Act of 1947 (50 U.S.C. 3162), as amended by this Act, to require— ‘‘(A) the review at appropriate intervals of such a nondisclosure requirement to assess whether the facts supporting nondisclosure continue to exist; ‘‘(B) the termination of such a nondisclosure re- quirement if the facts no longer support nondisclo- sure; and ‘‘(C) appropriate notice to the recipient of the na- tional security letter, or officer, employee, or agent thereof, subject to the nondisclosure requirement, and the applicable court as appropriate, that the non- disclosure requirement has been terminated. ‘‘(2) REPORTING.—Upon adopting the procedures re- quired under paragraph (1), the Attorney General shall submit the procedures to the Committee on the Judici- ary of the Senate and the Committee on the Judiciary of the House of Representatives.’’ § 3415. Cost reimbursement Except for records obtained pursuant to sec- tion 3403(d) or 3413(a) through (h) of this title, or as otherwise provided by law, a Government au- thority shall pay to the financial institution as- sembling or providing financial records per- taining to a customer and in accordance with procedures established by this chapter a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data required or requested to be produced. The Board of Gov- ernors of the Federal Reserve System shall, by regulation, establish the rates and conditions under which such payment may be made. (Pub. L. 95–630, title XI, § 1115(a), Nov. 10, 1978, 92 Stat. 3708.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–630, title XI, § 1115(b), Nov. 10, 1978, 92 Stat. 3708, provided that: ‘‘This section shall take effect on October 1, 1979.’’ § 3416. Jurisdiction An action to enforce any provision of this chapter may be brought in any appropriate United States district court without regard to the amount in controversy within three years from the date on which the violation occurs or the date of discovery of such violation, which- ever is later. (Pub. L. 95–630, title XI, § 1116, Nov. 10, 1978, 92 Stat. 3708.)