[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3494 Introduced in House (IH)]







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 
nondiscriminatory 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 
                           Financial 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 
nondiscriminatory State or local laws that regulate fees and surcharges 
   imposed by operators of automated teller machines for use of such 
                               machines.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State and Local Automated 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 impairing or 
                frustrating the ability of the banks and savings 
                associations to carry out their functions.
            (3) The authority to regulate the fees and surcharges 
        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 FEDERAL AND STATE BANKING 
              LAW WITH RESPECT 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 preempting 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 electronic 
        terminal operated by a person other than the financial 
        institution holding the account of the consumer; and
            (2) utilizes a national or regional communication network 
        to effect the transaction between such person and the financial 
        institution holding the account of the consumer.
    (b) Rule of Construction.--Subsection (a) shall not be construed as 
creating any inference that, absent the enactment of such subsection, 
any provision of law referred to in such subsection otherwise could be 
construed as preempting, or authorizing a Federal banking agency to 
preempt, the applicability of any law of any State or political 
subdivision of any State to any national bank or Federal savings 
association with respect to any fee referred to in such subsection or 
any other matter, to the extent the law does not discriminate against 
national banks and Federal savings associations.
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