I

106TH CONGRESS

1ST SESSION H. R. 1131

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

MARCH 16, 1999

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 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.
2

•HR 1131 IH

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

7 DEPOSITORY 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 540B(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
3

•HR 1131 IH

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 540B(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
4

•HR 1131 IH

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 ‘‘§ 540B. 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
5

•HR 1131 IH

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 540B(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
6

•HR 1131 IH

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 section 540A the

6 following new item:

‘‘540B. 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 540B(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.
7

•HR 1131 IH

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.’’.

Æ