I
107TH CONGRESS
2D SESSION
H. R. 3662
To amend the Electronic Fund Transfer Act to ensure the convenience of
automated teller machines and the safety of the machines and the cus-
tomers by establishing security measures for the machines, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 29, 2002
Mr. ROTHMAN (for himself, Mr. OWENS, Mr. SMITH of New Jersey, Mr.
PAYNE, Ms. CARSON of Indiana, and Mrs. CLAYTON) introduced the fol-
lowing bill; which was referred to the Committee on Financial Services
A BILL
To amend the Electronic Fund Transfer Act to ensure the
convenience of automated teller machines and the safety
of the machines and the customers by establishing secu-
rity measures for the machines, 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 Consumer Pro-
tection Act’’.
SEC. 2. ATM SECURITY MEASURES.
The Electronic Fund Transfer Act (15 U.S.C. 1693
et seq.) is amended—
(1) by redesignating sections 918, 919, 920,
and 921 as sections 919, 920, 921, and 922, respec-
tively; and
(2) by inserting after section 917 the following
new section:
‘‘SEC. 918. ATM SECURITY REQUIREMENTS.
‘‘(a) IN GENERAL.—Before the end of the 6-month
period beginning on the date of the enactment of the ATM
Consumer Protection Act, the Board shall prescribe regu-
lations establishing minimum standards with which each
automated teller machine operator shall comply with re-
spect to the installation, maintenance, and operation of
security devices and procedures, reasonable in cost—
‘‘(1) to discourage robberies, burglaries, and
larcenies relating to the operation and use of auto-
mated teller machines; and
‘‘(2) to assist in the identification and appre-
hension of persons who commit such acts.
‘‘(b) MINIMUM REQUIREMENTS.—At a minimum, the
standards required under subsection (a) shall include the
following:
‘‘(1) SECURITY
PROGRAM.—Each automated
teller machine operator shall—
‘‘(A) establish procedures that will assist
in 
identifying 
persons 
committing 
crimes
against any automated teller machine or any
consumer using such machine and that will pre-
serve evidence that may aid in their identifica-
tion or conviction; and
‘‘(B) designate at least 1 person as secu-
rity officer (for each automated teller machine
operated by the operator) who shall be respon-
sible for ensuring compliance with the require-
ments of the regulations with respect to such
machine, including appropriate recordkeeping
requirements and liaison to local law enforce-
ment agencies.
‘‘(2) ADEQUATE LIGHTING.—
‘‘(A) IN GENERAL.—Each automated teller
machine operator shall ensure that adequate
lighting exists with respect to each automated
teller machine operated by such operator.
‘‘(B) ADEQUATE
LIGHTING
DEFINED.—
The term ‘adequate lighting’ means, at a
minimum—
‘‘(i) in the case of an automated teller
machine located inside a building or not
otherwise open to the outdoor air, lighting
at all times that a consumer has access to
such machine for purposes of initiating an
electronic fund transfer that is adequate to
allow a consumer—
‘‘(I) entering the building or loca-
tion of the machine to see all persons
in the building or space; and
‘‘(II) in the building or space to
see all persons entering the building
or space;
‘‘(ii) in the case of an automated tell-
er machine open to the outside air, lighting
at all times necessary due to the absence
of direct or ambient sunlight—
‘‘(I) sufficient to brightly illu-
minate the area within 5 feet of the
machine; and
‘‘(II) sufficient to adequately illu-
minate at least 50 feet or more in any
unobstructed direction from the ma-
chine;
‘‘(iii) in the case a nearby parking
area has been provided for use by con-
sumers 
of 
automated 
teller 
machine,
among other users, lighting at all times
necessary due to the absence of direct or
ambient sunlight or other light sufficient
to adequately illuminate the nearby park-
ing area and all areas between the machine
and such parking area;
‘‘(iv) in the case of access to an auto-
mated teller machine from an adjacent side
of a building or other space, lighting at all
times necessary due to the absence of di-
rect or ambient sunlight or other light suf-
ficient to adequately illuminate the adja-
cent side of the building or other space;
and
‘‘(v) in all cases, lighting sufficient to
ensure optimal operation of all surveillance
equipment, cameras, and recording devices.
‘‘(3) SURVEILLANCE REQUIREMENTS.—
‘‘(A) IN GENERAL.—Each automated teller
machine operator shall ensure that each auto-
mated teller machine is provided with a surveil-
lance camera or cameras sufficient to view and
record each person who uses the automated tell-
er machine, all activity occurring within 3 feet
of the automated teller machine (other than the
transaction itself), and such other views and re-
cordings as may be required under the stand-
ards.
‘‘(B) MAINTENANCE OF RECORDINGS.—All
recordings made by surveillance cameras shall
be maintained by an operator of an automated
teller machine for such period of time as may
be required under the standards which shall not
be less than a 30-day period and any recording
relating to a specific time period or event shall
be maintained by such operator indefinitely at
the request of a local law enforcement agency in
connection with an investigation of a crime at
or near such machine, or otherwise related to
the machine.
(4) ALARM
SYSTEM.—Each automated teller
machine operator shall maintain an alarm system or
other appropriate device for promptly notifying the
nearest responsible law enforcement officers of an
attempted or perpetrated robbery, burglary or lar-
ceny in connection with the operation of an auto-
mated teller machine.
(5) OTHER
PREVENTATIVE
AND
REMEDIAL
MEASURES.—The standards shall require the secu-
rity officer designated by any operator of an auto-
mated teller machine to take such other actions as
the security officer may determine to be appropriate
and useful to prevent crimes in the vicinity of the
machine and to preserve evidence in the event of any
such crime, taking into consideration the following:
(i) The incidence of crimes against con-
sumers, including users of automated teller ma-
chines, in the vicinity of the automated teller
machine.
(ii) The amount of the average transaction
at the machine and the amount of currency ex-
posed to robbery, burglary, or larceny.
(iii) The distance of the automated teller
machine from the nearest responsible law en-
forcement officers and the time required for
such law enforcement officers ordinarily to ar-
rive at the automated teller machine.
(iv) The cost of the security devices.
(v) Other security measures in effect at the
automated teller machine and in the vicinity of
the machine.
(vi) The physical characteristics of the lo-
cation of the automated teller machine and its
vicinity.
‘‘(c) CONSULTATION.—In prescribing the standards
required to be established under this section, the Board
shall—
‘‘(1) consult with—
‘‘(A) other agencies referred to in sub-
sections (a) and (c) of section 917;
‘‘(B) appropriate State officers or agencies
which supervise the operation of automated tell-
er machines or any operator of automated teller
machines; and
‘‘(C) insurers furnishing insurance protec-
tion against losses and other liabilities resulting
from robberies, burglaries, and larcenies com-
mitted against operators of automated teller
machines or consumers using such machines;
and
‘‘(D) any appropriate State agency having
supervisory or regulatory responsibilities with
respect to any insurer referred to in subpara-
graph (C); and
‘‘(2) take into account the regulations and re-
quirements under the Bank Protection Act of
1968.’’.
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