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.

April 1, 2003

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

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 540E(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 540E(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. 540E. 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 540E(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 the 2d of the 2 sections designated as section 540C the following new item:

`540E. 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 540E(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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