[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3662 Introduced in House (IH)]







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 
 customers 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 
   following 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 security measures for the machines, and for 
                            other purposes.

    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 ``ATM Consumer Protection 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, respectively; 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 regulations establishing minimum standards with 
which each automated teller machine operator shall comply with respect 
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 automated teller machines; 
        and
            ``(2) to assist in the identification and apprehension 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 preserve evidence that may aid in 
                their identification or conviction; and
                    ``(B) designate at least 1 person as security 
                officer (for each automated teller machine operated by 
                the operator) who shall be responsible for ensuring 
                compliance with the requirements of the regulations 
                with respect to such machine, including appropriate 
                recordkeeping requirements and liaison to local law 
                enforcement 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 
                                location 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 teller 
                        machine open to the outside air, lighting at 
                        all times necessary due to the absence of 
                        direct or ambient sunlight--
                                    ``(I) sufficient to brightly 
                                illuminate the area within 5 feet of 
                                the machine; and
                                    ``(II) sufficient to adequately 
                                illuminate at least 50 feet or more in 
                                any unobstructed direction from the 
                                machine;
                            ``(iii) in the case a nearby parking area 
                        has been provided for use by consumers 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 parking area and all areas between the 
machine and such parking area;
                            ``(iv) in the case of access to an 
                        automated teller machine from an adjacent side 
                        of a building or other space, lighting at all 
                        times necessary due to the absence of direct or 
                        ambient sunlight or other light sufficient to 
                        adequately illuminate the adjacent 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 automated teller 
                machine is provided with a surveillance camera or 
                cameras sufficient to view and record each person who 
                uses the automated teller machine, all activity 
                occurring within 3 feet of the automated teller machine 
                (other than the transaction itself), and such other 
                views and recordings as may be required under the 
                standards.
                    ``(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 
        larceny in connection with the operation of an automated teller 
        machine.
            (5) Other preventative and remedial measures.--The 
        standards shall require the security officer designated by any 
        operator of an automated 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 consumers, 
                including users of automated teller machines, in the 
                vicinity of the automated teller machine.
                    (ii) The amount of the average transaction at the 
                machine and the amount of currency exposed to robbery, 
                burglary, or larceny.
                    (iii) The distance of the automated teller machine 
                from the nearest responsible law enforcement officers 
                and the time required for such law enforcement officers 
                ordinarily to arrive 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 location 
                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 subsections (a) 
                and (c) of section 917;
                    ``(B) appropriate State officers or agencies which 
                supervise the operation of automated teller machines or 
                any operator of automated teller machines; and
                    ``(C) insurers furnishing insurance protection 
                against losses and other liabilities resulting from 
                robberies, burglaries, and larcenies committed 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 subparagraph (C); and
            ``(2) take into account the regulations and requirements 
        under the Bank Protection Act of 1968.''.
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