I

104TH CONGRESS

2D SESSION H. R. 3533

To amend the Bank Protection Act of 1968 to require enhanced security

measures 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

MAY 23, 1996

Mr. NADLER introduced the following bill; which was referred to the Committee on Banking and 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 to require enhanced security measures 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

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

3 and Crime Control Act of 1996’’.

4 SEC. 2. ENHANCED SECURITY MEASURES REQUIRED AT DE5 POSITORY INSTITUTIONS.

6 Section 3 of the Bank Protection Act of 1968 (12

7 U.S.C. 1882) is amended by adding at the end the follow8 ing new subsection:

9 ‘‘(c) ENHANCED SURVEILLANCE REQUIREMENTS.—

10 With respect to each surveillance camera which a deposi11 tory institution is required to maintain under the regula12 tions prescribed under subsection (a), each Federal super13 visory agency shall prescribe, on the basis of recommenda14 tions made by the Director of the Federal Bureau of In15 vestigation pursuant to section 540B(c) of title 28, United

16 States Code, regulations which require the depository in17 stitution to—

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

19 of sufficient quality to produce surveillance pictures

20 which can be used effectively as evidence in a crimi21 nal prosecution of illegal activities at the location

22 monitored by the camera; and

23 ‘‘(2) operate such camera in a manner which

24 does not compromise the quality of the surveillance

25 pictures.’’.
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1 SEC. 3. STUDY AND TECHNICAL RECOMMENDATIONS BY

2 FBI.

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

4 States Code, is amended by adding at the end the follow5 ing:

6 ‘‘§ 540B. Technical recommendations on surveillance

7 equipment

8 ‘‘(a) REVIEW OF CRIME PREVENTION STANDARDS

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

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

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

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

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

14 prosecutions of such crimes, the Director of the Federal

15 Bureau of Investigation shall periodically review the

16 standards and procedures applicable with respect to secu17 rity requirements established under section 3 of the Bank

18 Protection Act of 1968.

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

20 In conducting any review under subsection (a), the Direc21 tor of the Federal Bureau of Investigation shall consult

22 with the Attorney General to ascertain the extent to which

23 inadequate security measures, or improperly maintained

24 security equipment, at financial institutions have hindered

25 effective prosecutions under section 2113 of title 18, Unit26 ed States Code, or other criminal provisions.
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1 ‘‘(c) RECOMMENDATIONS.—Before the end of the 6-

2 month period beginning on the date of the enactment of

3 the ATM Public Safety and Crime Control Act of 1996

4 and at such times after such date as the Director of the

5 Federal Bureau of Investigation may determine to be ap6 propriate, the Director shall make technical recommenda7 tions to the Federal banking agencies (as defined in sec8 tion 3 of the Federal Deposit Insurance Act) on standards

9 and procedures for meeting the purposes of section 3 of

10 the Bank Protection Act of 1968.’’.

11 (b) REPORT TO JUDICIARY COMMITTEES.—The Di12 rector of the Federal Bureau of Investigation shall submit

13 a copy of any recommendations made in accordance with

14 section 540B(c) of title 28, United States Code, to the

15 Committee on the Judiciary of the House of Representa16 tives and the Committee on the Judiciary of the Senate

17 at the same time such recommendations are transmitted

18 to the Federal banking agencies in accordance with such

19 section.

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

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

22 by inserting after the item relating to section 540A the

23 following new item:

‘‘540B. Technical recommendations on surveillance equipment.’’.
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1 SEC. 4. INITIAL IMPLEMENTATION OF REGULATIONS.

2 (a) TIMETABLE FOR REGULATIONS.—The Federal

3 banking agencies shall prescribe final regulations pursuant

4 to section 3(c) of the Bank Protection Act of 1968 before

5 the end of the 6-month period beginning on the date the

6 technical recommendations by the Director of the Federal

7 Bureau of Investigations are received by such agencies in

8 accordance with section 540B(c) of title 28, United States

9 Code.

10 (c) EFFECTIVE DATE OF REGULATIONS.—The regu11 lations referred to in subsection (a) shall require deposi12 tory institutions to come into compliance with such regula13 tions by the end of the 6-month period beginning on the

14 date the final regulations are published in the Federal

15 Register.

16 SEC. 5. AMENDMENTS TO DEFINITIONS.

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

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

19 ‘‘SEC. 2. DEFINITIONS.

20 ‘‘The following definitions shall apply for purposes of

21 this Act:

22 ‘‘(1) DEPOSITORY INSTITUTION.—The term ‘de23 pository institution’ has the meaning given to such

24 term in section 3(c) of the Federal Deposit Insur25 ance Act.
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1 ‘‘(2) FEDERAL SUPERVISORY AGENCY.—The

2 term ‘Federal supervisory agency’ has the meaning

3 given to the term ‘appropriate Federal banking

4 agency’ in section 3 of the Federal Deposit Insur5 ance Act.’’.

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