[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5536 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5536

 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

                            October 2, 2002

  Mr. Nadler introduced the following bill; which was referred to the 
 Committee on 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 
Federal Bureau of Investigation to make technical recommendations with 
       regard to such security measures, 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 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 subsection:
    ``(c) Enhanced Surveillance Requirements.--With respect to each 
surveillance camera which a depository institution is required to 
maintain under the regulations prescribed under subsection (a), each 
Federal supervisory agency shall prescribe, on the basis of 
recommendations made by the Director of the Federal Bureau of 
Investigation pursuant to section 540C(c) of title 28, United States 
Code, regulations which require the depository institution to--
            ``(1) provide lighting and a surveillance camera of 
        sufficient quality to produce surveillance pictures which can 
        be used effectively as evidence in a criminal 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 paragraph (4); and
            (2) by inserting after paragraph (2), the following new 
        paragraph:
            ``(3) Enhanced surveillance requirements.--With respect to 
        each surveillance camera which an insured credit union is 
        required to maintain under the regulations prescribed under 
        paragraph (1), the Board shall prescribe, on the basis of 
        recommendations made by the Director of the Federal Bureau of 
        Investigation pursuant to section 540C(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 surveillance pictures 
                which can be used effectively as evidence in a criminal 
                prosecution of illegal activities 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 following:
``Sec. 540C. 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 security 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 Director 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, United 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 Protection Act of 1968 and section 205(e) of the Federal Credit 
Union Act.''.
    (b) Report to Judiciary Committees.--The Director of the Federal 
Bureau of Investigation shall submit a copy of any recommendations made 
in accordance with section 540C(c) of title 28, United States Code, to 
the Committee on the Judiciary of the House of Representatives 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 
section.
    (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 540B the following new item:

``540C. Technical recommendations on surveillance equipment.''.

SEC. 4. INITIAL IMPLEMENTATION OF REGULATIONS.

    (a) Timetable for Regulations.--The Federal banking agencies and 
the National Credit Union Administration Board shall prescribe final 
regulations pursuant to section 3(c) of the Bank Protection Act of 1968 
and section 205(c)(3) of the Federal Credit Union Act, respectively, 
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 
540C(c) of title 28, United States Code.
    (b) Effective Date of Regulations.--The regulations referred to in 
subsection (a) shall require depository 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 `depository 
        institution' has the meaning given to such term in section 3(c) 
        of the Federal Deposit Insurance 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 Insurance Act.''.
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