The bill clarifies and expands federal protection for off‑premises and third‑party ATMs to deter crime and reduce legal uncertainty, but it shifts greater liability and potential costs onto financial institutions and, ultimately, ATM users.
Banks, credit unions, and thrifts: federal law will more clearly cover off‑premises and third‑party ATMs, expanding prosecutors' ability to pursue access‑device and related crimes and reducing legal uncertainty for financial institutions and law enforcement.
Customers and financial institutions: treating off‑premises or third‑party ATMs as bank property may deter theft and attacks, encourage better ATM security, and reduce losses and potential harm to customers and staff.
Customers: banks or ATM sponsors may pass along higher costs (security, insurance, compliance) as increased ATM or account fees, affecting everyday users who rely on third‑party or offsite ATMs.
Banks and ATM sponsors: expanded federal coverage could increase liability and prosecutorial scrutiny for crimes at third‑party ATMs they don't operate or control.
Smaller banks and credit unions: institutions that rely on third‑party ATM operators may face higher compliance, insurance, or administrative costs, which could strain their budgets and local services.
Based on analysis of 2 sections of legislative text.
Designates ATMs and cash in transit to/from ATMs as being in a bank’s custody for the federal bank‑robbery statute and provides a definition of “ATM.”
Introduced February 26, 2025 by John Rose · Last progress February 26, 2025
Amends the federal bank‑robbery law to treat ATMs and cash moving to or from ATMs as being in the care, custody, control, management, or possession of a bank, credit union, or savings and loan for purposes of that statute, regardless of where the ATM is located or who owns or operates it. It also defines “ATM” to cover network‑connected teller terminals that use a card or other access device and permit withdrawals, deposits, or balance inquiries. The change broadens the reach of the existing federal crime statute so that thefts, assaults, or interference involving ATMs or cash in transit to/from ATMs can be prosecuted under the bank‑robbery law even when the ATM is off an institution’s physical premises or run by a third party. The bill does not create new funding or alter penalties beyond applying the existing statute to ATMs and related cash movements.