I
105TH CONGRESS
1ST SESSION
H. R. 2507
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
SEPTEMBER 18, 1997
Mr. NADLER introduced the following bill; which was referred to the Commit-
tee 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 Fed-
eral Bureau of Investigation to make technical rec-
ommendations with regard to such security measures,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘ATM Public Safety
and Crime Control Act’’.
SEC. 2. ENHANCED SECURITY MEASURES REQUIRED AT
DEPOSITORY INSTITUTIONS.
(a) BANKS AND SAVINGS ASSOCIATIONS.—Section 3
of the Bank Protection Act of 1968 (12 U.S.C. 1882) is
amended by adding at the end the following new sub-
section:
‘‘(c) ENHANCED SURVEILLANCE REQUIREMENTS.—
With respect to each surveillance camera which a deposi-
tory institution is required to maintain under the regula-
tions prescribed under subsection (a), each Federal super-
visory agency shall prescribe, on the basis of recommenda-
tions made by the Director of the Federal Bureau of In-
vestigation pursuant to section 540B(c) of title 28, United
States Code, regulations which require the depository in-
stitution to—
‘‘(1) provide lighting and a surveillance camera
of sufficient quality to produce surveillance pictures
which can be used effectively as evidence in a crimi-
nal prosecution of illegal activities at the location
monitored by the camera; and
‘‘(2) operate such camera in a manner which
does not compromise the quality of the surveillance
pictures.’’.
(b) CREDIT UNIONS.—Section 205(e) of the
Federal Credit Union Act (12 U.S.C. 1785(e)) is
amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2), the follow-
ing new paragraph:
‘‘(3) 
ENHANCED
SURVEILLANCE
REQUIRE-
MENTS.—With respect to each surveillance camera
which an insured credit union is required to main-
tain under the regulations prescribed under para-
graph (1), the Board shall prescribe, on the basis of
recommendations made by the Director of the Fed-
eral Bureau of Investigation pursuant to section
540B(c) of title 28, United States Code, regulations
which require the credit union to—
‘‘(A) provide lighting and a surveillance
camera of sufficient quality to produce surveil-
lance pictures which can be used effectively as
evidence in a criminal prosecution of illegal ac-
tivities at the location monitored by the camera;
and
‘‘(B) operate such camera in a manner
which does not compromise the quality of the
surveillance pictures.’’.
SEC. 3. STUDY AND TECHNICAL RECOMMENDATIONS BY
FBI.
(a) IN GENERAL.—Chapter 33 of title 28, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 540B. Technical recommendations on surveillance
equipment
‘‘(a) REVIEW OF CRIME PREVENTION STANDARDS
AND PROCEDURES.—In order to reduce the incidence of
crimes under section 2113 of title 18, other violations of
such title, and other criminal activity on the property of
or in the vicinity of financial institutions (as defined in
section 20 of such title) and to facilitate more effective
prosecutions of such crimes, the Director of the Federal
Bureau of Investigation shall periodically review the
standards and procedures applicable with respect to secu-
rity requirements established under section 3 of the Bank
Protection Act of 1968 and section 205(e) of the Federal
Credit Union Act.
‘‘(b) CONSULTATION WITH ATTORNEY GENERAL.—
In conducting any review under subsection (a), the Direc-
tor of the Federal Bureau of Investigation shall consult
with the Attorney General to ascertain the extent to which
inadequate security measures, or improperly maintained
security equipment, at financial institutions has hindered
effective prosecutions under section 2113 of title 18, Unit-
ed States Code, or other criminal provisions.
‘‘(c) RECOMMENDATIONS.—Before the end of the 6-
month period beginning on the date of the enactment of
the ATM Public Safety and Crime Control Act and at
such times after such date as the Director of the Federal
Bureau of Investigation may determine to be appropriate,
the Director shall make technical recommendations to the
Federal banking agencies (as defined in section 3 of the
Federal Deposit Insurance Act) and the National Credit
Union Administration Board on standards and procedures
for meeting the purposes of section 3 of the Bank Protec-
tion Act of 1968 and section 205(e) of the Federal Credit
Union Act.’’.
(b) REPORT TO JUDICIARY COMMITTEES.—The Di-
rector of the Federal Bureau of Investigation shall submit
a copy of any recommendations made in accordance with
section 540B(c) of title 28, United States Code, to the
Committee on the Judiciary of the House of Representa-
tives and the Committee on the Judiciary of the Senate
at the same time such recommendations are transmitted
to the Federal banking agencies and the National Credit
Union Administration Board in accordance with such sec-
tion.
(c) CLERICAL AMENDMENT.—The table of sections
for chapter 33 of title 28, United States Code, is amended
by inserting after the item relating to section 540A the
following new item:
‘‘540B. Technical recommendations on surveillance equipment.’’.
SEC. 4. INITIAL IMPLEMENTATION OF REGULATIONS.
(a) TIMETABLE FOR REGULATIONS.—The Federal
banking agencies and the National Credit Union Adminis-
tration Board shall prescribe final regulations pursuant to
section 3(c) of the Bank Protection Act of 1968 and sec-
tion 205(c)(3) of the Federal Credit Union Act, respec-
tively, before the end of the 6-month period beginning on
the date the technical recommendations of the Director
of the Federal Bureau of Investigation are received by
such agencies in accordance with section 540B(c) of title
28, United States Code.
(b) EFFECTIVE DATE OF REGULATIONS.—The regu-
lations referred to in subsection (a) shall require deposi-
tory institutions and credit unions to achieve compliance
with such regulations by the end of the 6-month period
beginning on the date the final regulations are published
in the Federal Register.
SEC. 5. AMENDMENTS TO DEFINITIONS.
Section 2 of the Bank Protection Act of 1968 (12
U.S.C. 1881) is amended to read as follows:
‘‘SEC. 2. DEFINITIONS.
‘‘The following definitions shall apply for purposes of
this Act:
‘‘(1) DEPOSITORY INSTITUTION.—The term ‘de-
pository institution’ has the meaning given to such
term in section 3(c) of the Federal Deposit Insur-
ance Act.
‘‘(2) FEDERAL
SUPERVISORY
AGENCY.—The
term ‘Federal supervisory agency’ has the meaning
given to the term ‘appropriate Federal banking
agency’ in section 3 of the Federal Deposit Insur-
ance Act.’’.
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