I 

108TH CONGRESS 

1ST SESSION H. R. 1544

To amend the Bank Protection Act of 1968 and the Federal Credit Union 

Act to require enhanced security measures at depository institutions 

and automated teller machines sufficient to provide surveillance pictures 

which can be used effectively as evidence in criminal prosecutions, to 

amend title 28, United States Code, to require the Federal Bureau 

of Investigation to make technical recommendations with regard to such 

security measures, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2003

Mr. NADLER introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on the 

Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To amend the Bank Protection Act of 1968 and the Federal 

Credit Union Act to require enhanced security measures 

at depository institutions and automated teller machines 

sufficient to provide surveillance pictures which can be 

used effectively as evidence in criminal prosecutions, to 

amend title 28, United States Code, to require the Federal Bureau of Investigation to make technical recommendations with regard to such security measures, 

and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ATM Public Safety 

5 and Crime Control Act’’. 

6 SEC. 2. ENHANCED SECURITY MEASURES REQUIRED AT DE7 POSITORY INSTITUTIONS. 

8 (a) BANKS AND SAVINGS ASSOCIATIONS.—Section 3 

9 of the Bank Protection Act of 1968 (12 U.S.C. 1882) is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(c) ENHANCED SURVEILLANCE REQUIREMENTS.—

13 With respect to each surveillance camera which a deposi14 tory institution is required to maintain under the regula15 tions prescribed under subsection (a), each Federal super16 visory agency shall prescribe, on the basis of recommenda17 tions made by the Director of the Federal Bureau of In18 vestigation pursuant to section 540E(c) of title 28, United 

19 States Code, regulations which require the depository in20 stitution to—

21 ‘‘(1) provide lighting and a surveillance camera 

22 of sufficient quality to produce surveillance pictures 

23 which can be used effectively as evidence in a crimi24 nal prosecution of illegal activities at the location 

25 monitored by the camera; and 
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1 ‘‘(2) operate such camera in a manner which 

2 does not compromise the quality of the surveillance 

3 pictures.’’. 

4 (b) CREDIT UNIONS.—Section 205(e) of the Federal 

5 Credit Union Act (12 U.S.C. 1785(e)) is amended—

6 (1) by redesignating paragraph (3) as para7 graph (4); and 

8 (2) by inserting after paragraph (2), the fol9 lowing new paragraph: 

10 ‘‘(3) ENHANCED SURVEILLANCE REQUIRE11 MENTS.—With respect to each surveillance camera 

12 which an insured credit union is required to main13 tain under the regulations prescribed under para14 graph (1), the Board shall prescribe, on the basis of 

15 recommendations made by the Director of the Fed16 eral Bureau of Investigation pursuant to section 

17 540E(c) of title 28, United States Code, regulations 

18 which require the credit union to—

19 ‘‘(A) provide lighting and a surveillance 

20 camera of sufficient quality to produce surveil21 lance pictures which can be used effectively as 

22 evidence in a criminal prosecution of illegal ac23 tivities at the location monitored by the camera; 

24 and 
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1 ‘‘(B) operate such camera in a manner 

2 which does not compromise the quality of the 

3 surveillance pictures.’’.

4 SEC. 3. STUDY AND TECHNICAL RECOMMENDATIONS BY 

5 FBI. 

6 (a) IN GENERAL.—Chapter 33 of title 28, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 540E. Technical recommendations on surveillance 

10 equipment 

11 ‘‘(a) REVIEW OF CRIME PREVENTION STANDARDS

12 AND PROCEDURES.—In order to reduce the incidence of 

13 crimes under section 2113 of title 18, other violations of 

14 such title, and other criminal activity on the property of 

15 or in the vicinity of financial institutions (as defined in 

16 section 20 of such title) and to facilitate more effective 

17 prosecutions of such crimes, the Director of the Federal 

18 Bureau of Investigation shall periodically review the 

19 standards and procedures applicable with respect to secu20 rity requirements established under section 3 of the Bank 

21 Protection Act of 1968 and section 205(e) of the Federal 

22 Credit Union Act. 

23 ‘‘(b) CONSULTATION WITH ATTORNEY GENERAL.—

24 In conducting any review under subsection (a), the Direc25 tor of the Federal Bureau of Investigation shall consult 
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1 with the Attorney General to ascertain the extent to which 

2 inadequate security measures, or improperly maintained 

3 security equipment, at financial institutions has hindered 

4 effective prosecutions under section 2113 of title 18, 

5 United States Code, or other criminal provisions. 

6 ‘‘(c) RECOMMENDATIONS.—Before the end of the 6-

7 month period beginning on the date of the enactment of 

8 the ATM Public Safety and Crime Control Act and at 

9 such times after such date as the Director of the Federal 

10 Bureau of Investigation may determine to be appropriate, 

11 the Director shall make technical recommendations to the 

12 Federal banking agencies (as defined in section 3 of the 

13 Federal Deposit Insurance Act) and the National Credit 

14 Union Administration Board on standards and procedures 

15 for meeting the purposes of section 3 of the Bank Protec16 tion Act of 1968 and section 205(e) of the Federal Credit 

17 Union Act.’’. 

18 (b) REPORT TO JUDICIARY COMMITTEES.—The Di19 rector of the Federal Bureau of Investigation shall submit 

20 a copy of any recommendations made in accordance with 

21 section 540E(c) of title 28, United States Code, to the 

22 Committee on the Judiciary of the House of Representa23 tives and the Committee on the Judiciary of the Senate 

24 at the same time such recommendations are transmitted 

25 to the Federal banking agencies and the National Credit 
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1 Union Administration Board in accordance with such sec2 tion. 

3 (c) CLERICAL AMENDMENT.—The table of sections 

4 for chapter 33 of title 28, United States Code, is amended 

5 by inserting after the item relating to the 2d of the 2 sec6 tions designated as section 540C the following new item:

‘‘540E. Technical recommendations on surveillance equipment.’’.

7 SEC. 4. INITIAL IMPLEMENTATION OF REGULATIONS. 

8 (a) TIMETABLE FOR REGULATIONS.—The Federal 

9 banking agencies and the National Credit Union Adminis10 tration Board shall prescribe final regulations pursuant to 

11 section 3(c) of the Bank Protection Act of 1968 and sec12 tion 205(c)(3) of the Federal Credit Union Act, respec13 tively, before the end of the 6-month period beginning on 

14 the date the technical recommendations of the Director 

15 of the Federal Bureau of Investigation are received by 

16 such agencies in accordance with section 540E(c) of title 

17 28, United States Code. 

18 (b) EFFECTIVE DATE OF REGULATIONS.—The regu19 lations referred to in subsection (a) shall require deposi20 tory institutions and credit unions to achieve compliance 

21 with such regulations by the end of the 6-month period 

22 beginning on the date the final regulations are published 

23 in the Federal Register. 
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1 SEC. 5. AMENDMENTS TO DEFINITIONS. 

2 Section 2 of the Bank Protection Act of 1968 (12 

3 U.S.C. 1881) is amended to read as follows: 

4 ‘‘SEC. 2. DEFINITIONS. 

5 ‘‘The following definitions shall apply for purposes of 

6 this Act: 

7 ‘‘(1) DEPOSITORY INSTITUTION.—The term ‘de8 pository institution’ has the meaning given to such 

9 term in section 3(c) of the Federal Deposit Insur10 ance Act. 

11 ‘‘(2) FEDERAL SUPERVISORY AGENCY.—The 

12 term ‘Federal supervisory agency’ has the meaning 

13 given to the term ‘appropriate Federal banking 

14 agency’ in section 3 of the Federal Deposit Insur15 ance Act.’’.

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