What This Bill Does · Plain English
Summary · Congress.gov
Safe Access to Cash Act of 2025 This bill specifies that robbery offenses involving ATMs and related cash constitute crimes under the federal bank robbery statute. Currently, the federal bank robbery statute makes it a federal crime to take or attempt to take, by force and violence or by intimidation, money or other property belonging to or in the care, custody, control, management, or possession of any bank, credit union, or savings and loan association. However, federal circuit courts have split on whether forcing someone to withdraw money from an ATM constitutes an offense under the federal bank robbery statute. The Fifth Circuit Court of Appeals has held that directly forcing a bank customer to withdraw money from an ATM does not constitute a federal bank robbery because the funds were in the possession of the customer, not the bank. In contrast, the Tenth and Seventh Circuits have held that directly forcing a bank customer to withdraw money from an ATM constitutes a federal bank robbery because the funds belonged to the bank when the withdrawal occurred. This bill specifies that for purposes of the federal bank robbery statute, an ATM and any cash in transit to, being loaded into, or being unloaded from an ATM is in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association, regardless of whether the ATM is located on the physical premises of such an institution or owned or operated by such an institution.
Action Timeline
2025-02-26
Referred to the House Committee on the Judiciary.
2025-02-26
Introduced in House
2025-02-26
Introduced in House
Frequently Asked Questions
Did HR.1631 pass?
HR.1631 is still alive. Current stage: COMMITTEE. Pass likelihood: 39%.
What does HR.1631 do?
Safe Access to Cash Act of 2025 This bill specifies that robbery offenses involving ATMs and related cash constitute crimes under the federal bank robbery statute. Currently, the federal bank robbery statute makes it a federal crime to take or attempt to take, by force and violence or by intimidation, money or other property belonging to or in the care, custody, control, management, or possession of any bank, credit union, or savings and loan association. However, federal circuit courts have split on whether forcing someone to withdraw money from an ATM constitutes an offense under the federal…
Who sponsored HR.1631?
HR.1631 was sponsored by John W. Rose (R-Tennessee).
Full Bill Text
119 HR 1631 IH: Safe Access to Cash Act of 2025 U.S. House of Representatives 2025-02-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I 119th CONGRESS 1st Session H. R. 1631 IN THE HOUSE OF REPRESENTATIVES February 26, 2025 Mr. Rose (for himself, Mr. Ivey , Mr. Fitzgerald , Mr. Meuser , Ms. Brownley , Mr. Foster , Mr. Ogles , and Mr. Kustoff ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to clarify that ATMs are in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association regardless of whether the ATM is located on the physical premises of such an institution. 1. Short title This Act may be cited as the Safe Access to Cash Act of 2025 . 2. ATM Robbery Section 2113 of title 18, United States Code, is amended by adding at the end the following: (i) The term ATM means any network-connected automated teller machine terminal that is connected to one or more of the global, national, or regional electronic financial networks that allow a depositor of any bank, credit union, or savings and loan association, by use at such ATM of a card or other access device, as defined in subsection (e)(1) of section 1029 of this title, issued or authorized by such depository institution, to access such depositor’s account for the purpose of making withdrawals from or deposits to such account, or making inquiry as to the balance in such account, and includes any ATM owned, operated, or sponsored by a bank, credit union, or any savings and loan association. (j) For purposes of this section, an ATM, and any cash that is in transit to or being loaded into or unloaded from an ATM, shall be considered in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association, regardless of whether— (1) the ATM is located on the physical premises of such an institution; or (2) the ATM is owned or operated by such an institution. .
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