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of national banks to use and share automated devices.

It is

also not the intent of this legislation to disrupt or alter the concept of "competitive equality" which is the

cornerstone of the McFadden Act.

It is the sole intention

of this bill to address the issue of sharing and use of

automated devices by national banks and to maintain the

legal status quo on that issue as it existed prior to the

District Court decision of April 10, 1984.


Bankers Association of New York and Canandaigua National

Bank and Trust Company v. Marine Midland Bank, N.A. and

Wegmans Food Markets.

(W.D. N.Y. CIV-83-1006T April 10,


Appendix B

S. 2898 Amended as Proposed by the American Bankers

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Sec. 2. Section 5155 of the Revised Statutes (12 U.S.C.

36) is amended by adding at the end thereof the following:

" (i) (1) Notwithstanding any other provision of this

section or of a similar State law, a national bank may

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point-of-sale terminals, and cash dispensing machines.".

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read twice and referred to the Committee on Banking,

Housing, and Urban Affairs


To authorize and provide for the deployment and use of

electronic funds transfer systems by financial institutions.

Be it enacted by the Senate and House of

Representatives of the United States of America in Congress

assembled, that this Act may be cited as the "Electronic

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depository institutions, and to promote competition between depository institutions and other business enterprises providing payment systems and services, and to afford

maximum consumer and user convenience in access to competing (b) Congress finds that state and federal restrictions on depioyment of electronic funds transfer systems by commerciai banks and state chartered institutions substantialiy impedes interstate commerce and the ability of commercial banks to compete with other depository institutions and non-depository institutions in the providing of payment and funds transfer services. Congress further finds that the public interest is best served by the removal of inappropriate restrictions on the deployment and use of eiectronic funds transfer systems and for providing uniform ruies governing the depioyment and use of electronic funds transfer systems for all federally chartered and state chartered depository institutions.

payments systems.

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(1) any institution described in Section 19 (b) of

the Federai Reserve Act (12 U.S.C. 3461(b));

(2) any bank holding company as defined in Section

2 of the Bank Hoiding Company Act of 1956 as amended

(12 U.S.C. 81841 (a)).


any association entity which is owned or

controlled by institutions referred to in clauses (1)

and (2) of this subsection.
(c) "Eiectronic funds transfer system" means any system

or component of a system comprised of one or more electronic

terminais together with any related access devices,

communication lines, switches for routing messages, and

computer processing facilities, together with the messages

transmitted through such systems.

(d) "Electronic terminal" means any electronic device,

other than a telephone or a device operated by an empicyee of a 'depository institution, which may be used by retail

customers individual to make deposits to an account,


instruction to make transfers between accounts, direct the

making of a payment to a third party, make cash withdrawais,

or otherwise debit or credit an account.


"federal banking laws" means the National Bank

Act, the Home Owners' Loan Act of 1933, the Federal Credit

Union Act, the Federal Deposit Insurance Corporation Act,

the Federal Reserve Act, title IV of the National Housing

Act of 1934, the Federal Home Loan Bank Act, and all other

provisions of titie 12, United States Code, which pertain to

the reguiation or supervision of depository institutions, as

amended from time to time;


"natural market area" means the largest of (1) a

Standard Metropolitan Statistical Area, in which the main

office or branch of a depository institution is located, or

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