(a) Fees payable.
(1) Except as provided in section 219.4
of this part, a government authority seeking access to financial records
pertaining to a customer, by written request, through:
(i) A court
order;
(ii) A subpoena
issued pursuant to the Federal Rules of Criminal Procedure or the Federal
Rules of Civil Procedure; or
(iii) Other agency administrative procedures,
including administrative subpoenas, voluntary requests, or other process
shall reimburse the financial institution for reasonably necessary
costs directly incurred in searching for, reproducing or transporting
books, papers, records, or other data as set forth in this section.
(2) The
reimbursement schedule for a financial institution is set forth in
Appendix A to this section. If a financial institution has financial
records that are stored at an independent storage facility that charges
a fee to search for, reproduce, or transport particular records requested,
these costs are considered to be directly incurred by the financial
institution and may be included in the reimbursement.
(b) Search and processing
costs.
(1) Reimbursement of search
and processing costs shall cover the total amount of personnel time
spent in locating, retrieving, reproducing, and preparing financial
records for shipment. Search and processing costs shall not cover
analysis of material or legal advice.
(2) If itemized separately, search and
processing costs may include the actual cost of extracting electronically
stored records, based on computer time and necessary supplies; however,
personnel time for computer searches may be paid for at the rates
set for computer support specialist, specified in Appendix A to this
section, but only when compliance with the request for information
requires that the financial institution use programming or other higher
level technical services of a computer support specialist in order
to reproduce electronically stored information in the format requested
by the government authority.
(3) Rates for Search and Processing in
Appendix A shall be recalculated as follows on October 1, 2012, and
on October 1 of each subsequent three-year period utilizing Bureau
of Labor Statistics (“BLS”) data or equivalent data (as so designated
by the Board) by replacing the existing hourly rates with the sum
of:
(i) Base labor rate recalculation—Using
the most recently available wage data from the Occupational Employment
Statistics program (http://www.bls.gov/oes/home.htm) for the BLS industry
category “Credit Intermediation and Related Activities” (NAICS Code
Number 522000) (or successor category):
(A) [Clerical/Technical category]
the average of the median hourly rates for the “Information and Records
Clerk” and “Computer Operator” job categories (SOC Code Number 43-4199
and 43-9011) (or any successor job categories);
(B) [Manager/Supervisor category] the median
hourly rate for the “first-line supervisors/managers of office” job
category (SOC Code Number 43-1011) (or successor category), and
(C) [Computer Support Specialist
category] the median hourly rate for the “computer support specialist”
job category (SOC Code Number 15-1041) (or successor category); plus
(ii)
Benefits Adjustment—an amount for each hourly rate category that is
equal to the product of:
(A) The hourly rates set forth in paragraph
(b)(3)(i) of this section, and
(B) The most recently available “percent of
total compensation” represented by “total benefits” for the “Credit
Intermediation and Related Activities” industry category (private
sector) set out in the Employment Cost Trends section of the National
Compensation Survey (http:// data.bls.gov/PDQ/outside.jsp?survey=cm);
and
(iii) If the recalculated rates for Search and Processing (including
the Base labor rate and the benefits adjustment) are not a multiple
of $1, the recalculated rates shall be rounded up to the next multiple
of $1.
3-1204
(c) Reproduction costs. The reimbursement rates
for reproduction costs for requested information are set forth in
Appendix A to this section, subject to the Conditions for Payment set forth
in section 219.5 of this part. Copies of photographs, films and other
materials not listed in Appendix A to this section are reimbursed
at actual cost.
(d) Transportation or delivery costs. Reimbursement for transportation
or delivery costs shall be for the reasonably necessary costs directly
incurred to transport personnel to locate and retrieve the requested
information, and to deliver such material to the place of examination.
