I
106TH CONGRESS
1ST SESSION
H. R. 3494
To clarify that no provisions of title LXII of the Revised Statutes of the
United States, the Home Owners’ Loan Act, or any other Federal law
have ever been intended, and may not be construed, to supersede non-
discriminatory State or local laws that regulate fees and surcharges
imposed by operators of automated teller machines for use of such
machines.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 18, 1999
Mr. SANDERS (for himself, Ms. PELOSI, Ms. WATERS, Mr. FILNER, Mr.
KUCINICH, Mr. DEFAZIO, Mr. OWENS, and Mr. EVANS) introduced the
following bill; which was referred to the Committee on Banking and Fi-
nancial Services
A BILL
To clarify that no provisions of title LXII of the Revised
Statutes of the United States, the Home Owners’ Loan
Act, or any other Federal law have ever been intended,
and may not be construed, to supersede nondiscrim-
inatory State or local laws that regulate fees and sur-
charges imposed by operators of automated teller ma-
chines for use of such machines.
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 ‘‘State and Local Auto-
mated Teller Machine Regulation Protection Act of
1999’’.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Congress has often expressed, and the
Supreme Court of the United States has often held,
that national banks and Federal savings associations
are not immune from all State regulation.
(2) No Federal statute—
(A) authorizes any Federal banking agency
to preempt any State or local law relating to
the regulation of fees and surcharges by banks
or savings associations for the use of automated
teller machines; or
(B) treats any such regulation as impair-
ing or frustrating the ability of the banks and
savings associations to carry out their func-
tions.
(3) The authority to regulate the fees and sur-
charges imposed by banks or savings associations for
use of automated teller machines does not inherently
impair or frustrate the ability of such banks and
savings associations to carry out their function, to
the extent that such State and local regulation does
not discriminate against national banks and Federal
savings associations.
SEC. 3. CLARIFICATION OF RELATIONSHIP BETWEEN FED-
ERAL AND STATE BANKING LAW WITH RE-
SPECT TO ATM FEES.
(a) IN GENERAL.—No provision of title LXII of the
Revised Statutes of the United States, the Home Owners’
Loan Act, the Consumer Credit Protection Act, or any
other provision of Federal law shall be construed as pre-
empting the law of any State or political subdivision of
a State, or authorizing any Federal banking agency from
preempting the law of any State or political subdivision
of a State, that prohibits or limits the imposition of any
fee on a consumer by the person operating an electronic
terminal in connection with an electronic fund transfer
which—
(1) is initiated by the consumer from an elec-
tronic terminal operated by a person other than the
financial institution holding the account of the con-
sumer; and
(2) utilizes a national or regional communica-
tion network to effect the transaction between such
person and the financial institution holding the ac-
count of the consumer.