Safe Access to Cash Act of 2026
- Bill Number
- S. 3798
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-03-05: Placed on Senate Legislative Calendar under General Orders. Calendar No. 350.
- Last Updated
- 2026-06-19T06:04:46Z
AI-Generated Summary
Purpose of the Legislation
The Safe Access to Cash Act of 2026 aims to protect automated teller machines (ATMs) and the people who use or service them by creating specific federal criminal penalties for robberies, thefts, and related offenses. It expands protections to ATMs located anywhere—not just on the premises of banks or credit unions—to address growing threats to cash access in public spaces.
Key Provisions
- Offenses Against People (Section 2113A(a)): Criminalizes using force, violence, intimidation, or extortion to take money or valuables from individuals using, servicing, or transporting cash to ATMs. Penalty: Fine and/or up to 20 years in prison.
- Offenses Against ATM Property (Section 2113A(b)): Prohibits unauthorized breaking into, tampering with, damaging, or stealing from ATMs. Penalties depend on the amount stolen:
- Over $1,000: Fine and/or up to 10 years in prison.
- $1,000 or less: Fine and/or up to 1 year in prison.
- Handling Stolen Property (Section 2113A(c)): Makes it a crime to receive, possess, hide, sell, or dispose of property stolen from an ATM under subsection (b), with the same penalties as the original theft.
- Aggravated Assault (Section 2113A(d)): Increases penalties to a fine and/or up to 25 years in prison if the offense involves forcibly assaulting someone or endangering life with a dangerous weapon.
- Severe Violence or Death (Section 2113A(e)): Mandates at least 10 years in prison (up to 30 years, or life if death results) for killing someone or forcing them to accompany the offender during the crime, escape, or avoidance of arrest.
- Definitions (Section 2113A(f)): Defines an "ATM" as any networked machine allowing bank account access via card for withdrawals, deposits, or balance inquiries, including those owned or sponsored by banks, credit unions, or savings associations, regardless of location or ownership details. Other terms (e.g., "bank") align with existing federal law.
The bill also updates the table of contents in U.S. criminal code (title 18, chapter 103) to include the new section.
Significant Changes to Existing Law
This legislation adds a new section (2113A) to the federal bank robbery statute (section 2113), which previously focused mainly on crimes against banks and their premises. Key expansions include:
- Covering ATMs off bank property (e.g., in stores or standalone locations), closing a gap where such crimes might have been treated only as state-level offenses or general theft.
- Introducing tiered penalties based on theft amounts and specific protections for ATM transporters and servicers, which were not explicitly addressed before.
- Aligning with but broadening existing laws on fraud and access devices (e.g., referencing section 1029 for card definitions), without altering core bank robbery provisions.
Potential Impacts
- On Government Agencies: Increases federal jurisdiction over ATM crimes, potentially leading to more cases handled by the FBI and U.S. Attorneys, which could strain resources but improve consistency in prosecutions across states.
- On Citizens: Enhances safety for everyday ATM users by deterring robberies through harsher penalties, possibly reducing incidents and improving public confidence in cash access.
- On International Relations: Minimal direct impact, though it could indirectly support U.S. financial networks used globally by strengthening protections against crimes that might involve international fraud rings.
- Overall, it may lead to fewer ATM-related thefts, but enforcement costs could rise without additional funding.
Main Stakeholders Affected
- ATM Users and the Public: Everyday citizens relying on ATMs for banking, who gain better legal protections against robbery.
- Financial Institutions and ATM Operators: Banks, credit unions, and independent ATM owners benefit from safeguarded property and operations, reducing losses from theft.
- Cash Transport and Service Workers: Armored car services and maintenance personnel protected during money handling or servicing.
- Law Enforcement and Prosecutors: Federal agencies (e.g., DOJ, FBI) will enforce the new rules, potentially shifting some cases from local police.
- Perpetrators: Criminals face steeper federal penalties, which could discourage ATM-targeted crimes.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens federal criminal code by filling gaps in financial crime laws, ensuring uniform treatment of ATM offenses nationwide. It avoids overlapping with state laws but may encourage federal preemption in borderline cases. No challenges to due process or free speech are evident, as it targets violent and property crimes.
- Constitutional: Aligns with Congress's authority under the Commerce Clause (article I, section 8) to regulate interstate financial networks, similar to existing bank robbery statutes upheld by courts.
- Political: Bipartisan sponsorship (e.g., Sens. Cruz, Gallego, Blackburn) signals broad support for public safety in financial access. As a targeted amendment, it has low controversy risk but could spark debates on federal overreach into local crimes if prosecutions increase significantly.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Gallego, Ruben [D-AZ], Sen. Blackburn, Marsha [R-TN]
Recent Actions
- 2026-03-05: Placed on Senate Legislative Calendar under General Orders. Calendar No. 350.
- 2026-03-05: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
- 2026-03-05: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
- 2026-03-05: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
- 2026-02-05: Read twice and referred to the Committee on the Judiciary.
- 2026-02-05: Introduced in Senate
Bill Versions
- Safe Access to Cash Act of 2026 — issued 2026-02-05 — PDF (6 pages)
- Safe Access to Cash Act of 2026 — issued 2026-03-05 — PDF (12 pages)