HB1631, the Safe Access to Cash Act of 2025, amends title 18 to clarify that ATMs are in the care, custody, control, management, or possession of the depository institution that issued them, even when the machine is not located on the institution’s physical premises. The bill also adds explicit definitions to Section 2113 to broaden custody of ATM cash to include cash in transit to and from ATMs and to cover ATMs owned, operated, or sponsored by banks, credit unions, or savings and loan associations.
This is a narrow, technical adjustment aimed at reducing ambiguity in criminal prosecutions involving ATM robberies and the handling of cash outside a bank’s brick-and-mortar footprint.
At a Glance
What It Does
The bill adds two subsections, (i) and (j), to 18 U.S.C. 2113. It defines ATM and states that ATM cash, including cash in transit, is under the custody of the issuing depository institution regardless of whether the ATM is on-site or owned/operated by the institution.
Who It Affects
Depository institutions (banks, credit unions, and savings and loan associations) that operate network-connected ATMs, plus their cash-handling partners and service providers.
Why It Matters
Clarifies custody for ATM-related cash and devices, strengthening enforcement under the bank-robbery statute and reducing disputes over control and liability when ATMs are located off-site or are owned by the institution.
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What This Bill Actually Does
The Safe Access to Cash Act of 2025 makes a precise, technical adjustment to who bears custody over ATMs and the cash within them. The act defines what counts as an ATM and specifies that both the machine and the cash moving to and from it are under the custody of the bank, credit union, or savings and loan association that issued or sponsors the ATM, even if the machine sits off the institution’s physical premises or is owned by a different entity but still sponsored by the institution.
This ensures that cash at ATMs—whether loaded, in transit, or being unloaded—remains within the institution’s control for purposes of criminal enforcement under existing federal theft and robbery provisions. The bill also marks the act with a short title, Safe Access to Cash Act of 2025, signaling a targeted adjustment to how ATM-related cash is treated in federal law.
The primary aim is to reduce ambiguity in prosecutions of ATM robberies and to clarify asset custody in a modern, networked cash ecosystem.
The Five Things You Need to Know
The ATM term is defined as a network-connected terminal linked to electronic networks used by an issuer to grant account access.
Section 2113 is amended to add custody language for ATM cash irrespective of on-site location or ownership.
Cash in transit to or from an ATM is explicitly treated as custody of the issuing institution.
ATMs that are owned, operated, or sponsored by a bank, credit union, or savings and loan association fall under the custody framework.
The act is titled the Safe Access to Cash Act of 2025, clarifying custody rules in federal law.
Section-by-Section Breakdown
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Short Title
This section designates the act as the Safe Access to Cash Act of 2025. It is a formal naming provision that signals the scope of the bill for subsequent statutory changes.
ATM Definitions and Custody Amendments
This section adds two subsections to 18 U.S.C. 2113. Subsection (i) defines ATM as a network-connected automated teller machine terminal connected to electronic financial networks and usable with an access device issued by a depository institution. Subsection (j) establishes that an ATM and cash in transit to or from an ATM are under the care, custody, control, management, or possession of the issuing institution, regardless of whether the ATM is on the institution’s premises or owned or operated by the institution.
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Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Banks and credit unions operating network-connected ATMs gain clearer custody for cash, aiding enforcement and asset control during robberies and related crimes.
- Savings and loan associations that sponsor or operate ATMs benefit from a consistent custody framework across locations.
- ATM service providers and cash-handling vendors working with depository institutions gain clearer expectations and reduced ambiguity in compliance.
- Law enforcement and prosecutors obtain a clearer basis for charging and pursuing offenses under the bank-robbery statute when ATM cash is within the institution’s custody.
- Treasury and cash-management teams within banks gain definitional clarity for operations and internal controls.
Who Bears the Cost
- Depository institutions must update policies, training, and operational procedures to align with the new custody definitions.
- ATM owners and sponsors may incur compliance costs to ensure all off-site or sponsored-atm activity adheres to the custody framework.
- Cash-in-transit providers and related security vendors may need to adjust protocols to reflect custody rules across locations.
- Regulatory and compliance teams within banks may face additional documentational burdens to demonstrate custody in transit scenarios.
- There could be indirect liability considerations as custody rules interplay with existing security and criminal provisions.
Key Issues
The Core Tension
Balancing precise criminal-law reach over ATM-cash custody with the operational realities of off-site and sponsored ATMs: expanding custody clarity for enforcement versus imposing new administrative and cost burdens on banks and service providers.
The bill’s custody clarification reduces ambiguity in ATM-related crime cases, but it also expands the practical scope of custody to include cash in transit and off-premises assets. This raises implementation questions about how custody is documented during loading and unloading, at third-party host sites, and across multi-institution ATM networks.
While these changes improve prosecutorial clarity, they may require banks to adjust risk assessments, training, and vendor contracts to ensure consistent application across all sponsored ATMs. The reliance on network-connected ATMs and the integration with existing 1029-based access devices means compliance teams will need to review cross-references and ensure that the custody language aligns with other federal securities and banking requirements.
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