[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3798 Reported in Senate (RS)]
<DOC>
Calendar No. 350
119th CONGRESS
2d Session
S. 3798
To amend title 18, United States Code, to establish criminal offenses
with respect to violations involving ATMs, regardless of whether the
ATM is located on the physical premises of a financial institution, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2026
Mr. Cruz (for himself, Mr. Gallego, and Mrs. Blackburn) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
March 5, 2026
Reported by Mr. Grassley, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to establish criminal offenses
with respect to violations involving ATMs, regardless of whether the
ATM is located on the physical premises of a financial institution, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Safe Access to Cash Act of
2026''.</DELETED>
<DELETED>SEC. 2. OFFENSES RELATED TO ATM ROBBERY AND INCIDENTAL
CRIMES.</DELETED>
<DELETED> (a) In General.--Chapter 103 of title 18, United States
Code, is amended by inserting after section 2113 the
following:</DELETED>
<DELETED>``Sec. 2113A. ATM robbery and incidental crimes</DELETED>
<DELETED> ``(a) Offenses Against ATM Users and Servicers.--Whoever,
by force or violence, or by intimidation, takes, or attempts to take,
or conspires to take, any property or money or any other thing of value
from any person using or servicing, or attempting to use or service, an
ATM, or from any person having used or serviced an ATM, where the
offense is committed in connection with such use or service, or from
any owner or operator of any network-connected ATM while such person is
engaged in transporting or delivering property that is to be inserted
into any such ATM, or from any person engaged in such transport or
delivery under contract with, or employment by, any such owner or
operator, or who extorts or attempts or conspires to obtain by
extortion, any property or money or any other thing of value from any
such person described in this subsection, shall be fined under this
title or imprisoned not more than 20 years, or both.</DELETED>
<DELETED> ``(b) Offenses Against Property.--</DELETED>
<DELETED> ``(1) Offenses exceeding $1,000.--Whoever breaks
into, tampers with, damages, removes, steals, or attempts to
break into, tamper with, damage, remove, or steal any ATM
without authorization of the owner or operator of any such ATM,
and removes or attempts to remove any property or money from
any such ATM exceeding $1,000, shall be fined under this title
or imprisoned not more than 10 years, or both.</DELETED>
<DELETED> ``(2) Offenses not exceeding $1,000.--Whoever
breaks into, tampers with, damages, removes, steals, or
attempts to break into, tamper with, damage, remove, or steal
any ATM without authorization of the owner or operator of any
such ATM, and does not remove or attempt to remove any property
or money from any such ATM exceeding $1,000, shall be fined
under this title or imprisoned not more than 1 year, or
both.</DELETED>
<DELETED> ``(c) Receipt, Possession, Concealment, Storage, Barter,
Sale, or Disposal of Property Acquired Unlawfully Under This Section.--
Whoever receives, possesses, conceals, stores, barters, sells, or
disposes of, any property or money or other thing of value that has
been taken in violation of subsection (a) or (b), or conspires to do
so, knowing the same to be property that has been unlawfully taken,
shall be subject to the punishment provided in subsection (a) or (b),
as applicable, for the taker.</DELETED>
<DELETED> ``(d) Assault in Connection With Offenses.--Whoever, in
committing, or in attempting to commit, any offense defined in
subsection (a) or (b), forcibly assaults any person, or puts in
jeopardy the life of any person by the use of a dangerous weapon or
device, shall be fined under this title or imprisoned not more than 25
years, or both.</DELETED>
<DELETED> ``(e) Killing or Forcible Accompaniment in Connection With
Offenses.--Whoever, in committing any offense defined in this section,
or in avoiding or attempting to avoid apprehension for the commission
of such offense, or in freeing himself or attempting to free himself
from arrest or confinement for such offense, kills any person, or
forces any person to accompany the offender without the consent of such
person, shall be imprisoned not less than 10 years, or, if death
results, shall be punished by life imprisonment.</DELETED>
<DELETED> ``(f) Definitions.--In this section:</DELETED>
<DELETED> ``(1) ATM.--The term `ATM'--</DELETED>
<DELETED> ``(A) means any network-connected
automated teller machine terminal that is connected to
1 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 automated teller machine of
a card or other access device, as defined in section
1029(e)(1), issued or authorized by such depository
institution, to access the account of the depositor for
the purpose of making withdrawals from or deposits to
such account, or making inquiry as to the balance in
such account; and</DELETED>
<DELETED> ``(B) includes any automated teller
machine owned, operated, or sponsored by a bank, credit
union, or any savings and loan association, regardless
of whether--</DELETED>
<DELETED> ``(i) the automated teller machine
is located on the physical premises of such an
institution; or</DELETED>
<DELETED> ``(ii) the automated teller
machine is owned or operated by such an
institution.</DELETED>
<DELETED> ``(2) Bank; credit union; savings and loan
association.--The terms `bank', `credit union', and `savings
and loan association' have the meanings given those terms in
section 2113.</DELETED>
<DELETED> ``(3) Extortion.--The term `extortion' has the
meaning given the term in section 1951(b)(2).</DELETED>
<DELETED> ``(g) Included Offenses.--The offenses defined in
subsections (a) and (b) include any such offense committed against or
involving an ATM, or any person using or servicing, or attempting to
use or service, or against a person having used or serviced an ATM,
where the offense is committed in connection with, or by reason of,
such use or service, and any such offense against any owner or operator
of an ATM while such person is engaged in transporting or delivering
property that is to be loaded into an ATM, or against any person
engaged in such transport or delivery under contract with, or
employment by, any such owner or operator.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of sections for chapter
103 of title 18, United States Code, is amended by inserting after the
item relating to section 2113 the following:</DELETED>
<DELETED>``2113A. ATM robbery and incidental crimes.''.
<DELETED>SEC. 3. OFFENSES RELATED TO BANK ROBBERY AND INCIDENTAL
CRIMES.</DELETED>
<DELETED> Section 2113(a) of title 18, United States Code, is
amended--</DELETED>
<DELETED> (1) in the first paragraph, by striking ``force
and violence'' and inserting ``force or violence'';
and</DELETED>
<DELETED> (2) by inserting ``or conspires to take,'' before
``from the person or presence of another,''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Access to Cash Act of 2026''.
SEC. 2. OFFENSES RELATED TO ATM ROBBERY AND INCIDENTAL CRIMES.
(a) In General.--Chapter 103 of title 18, United States Code, is
amended by inserting after section 2113 the following:
``Sec. 2113A. ATM robbery and incidental crimes
``(a) Offenses Against ATM Users and Servicers.--Whoever, by force
or violence, or by intimidation, takes, or attempts to take, any
property or money or any other thing of value from any person using or
servicing, or attempting to use or service, an ATM, or who extorts or
attempts to obtain by extortion, any property or money or any other
thing of value from any such person, where the offense is committed in
direct and immediate connection with such use or service, or from any
owner or operator of any ATM, while knowing that such person is engaged
in transporting or delivering property to be loaded into such ATM, or
from any person, knowing such person to be engaged in the transport or
delivery of property to be loaded into such ATM, pursuant to a contract
with, or employment by, such owner or operator, shall be fined under
this title or imprisoned not more than 20 years, or both.
``(b) Offenses Against Property.--
``(1) Offenses exceeding $1,000.--Whoever breaks into,
tampers with, damages, removes, or steals any ATM without
authorization of the owner or operator of any such ATM, and
removes, with intent to steal or purloin, any property or money
from any such ATM exceeding $1,000, shall be fined under this
title or imprisoned not more than 10 years, or both.
``(2) Offenses not exceeding $1,000.--Whoever breaks into,
tampers with, damages, removes, or steals any ATM without
authorization of the owner or operator of any such ATM, and
removes, with intent to steal or purloin, any property or money
from any such ATM not exceeding $1,000, shall be fined under
this title or imprisoned not more than 1 year, or both.
``(c) Receipt, Possession, Concealment, Storage, Barter, Sale, or
Disposal of Property Acquired Unlawfully Under This Section.--Whoever
receives, possesses, conceals, stores, barters, sells, or disposes of,
any property or money or other thing of value that has been taken in
violation of subsection (b), knowing the same to be property that has
been unlawfully taken, shall be subject to the punishment provided in
subsection (b), as applicable, for the taker.
``(d) Assault in Connection With Offenses.--Whoever, in committing,
or in attempting to commit, any offense defined in subsection (a) or
(b), forcibly assaults any person, or puts in jeopardy the life of any
person by the use of a dangerous weapon or device, shall be fined under
this title or imprisoned not more than 25 years, or both.
``(e) Killing or Forced Accompaniment in Connection With
Offenses.--Whoever, in committing any offense defined in this section,
or in avoiding or attempting to avoid apprehension for the commission
of such offense, or in freeing himself or attempting to free himself
from arrest or confinement for such offense, kills any person, or
forces any person to accompany the offender without the consent of such
person, shall be imprisoned not more than 30 years, or, if death
results, shall be imprisoned for any term of years or life.
``(f) Definitions.--In this section:
``(1) ATM.--The term `ATM'--
``(A) means any network-connected automated teller
machine terminal that is connected to 1 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
automated teller machine of a card or other access
device, as defined in section 1029(e)(1), issued or
authorized by such depository institution, to access
the account of the depositor for the purpose of making
withdrawals from or deposits to such account, or making
inquiry as to the balance in such account; and
``(B) includes any automated teller machine owned,
operated, or sponsored by a bank, credit union, or any
savings and loan association, regardless of whether--
``(i) the automated teller machine is
located on the physical premises of such an
institution; or
``(ii) the automated teller machine is
owned or operated by such an institution.
``(2) Bank; credit union; savings and loan association.--
The terms `bank', `credit union', and `savings and loan
association' have the meanings given those terms in section
2113.''.
(b) Clerical Amendment.--The table of sections for chapter 103 of
title 18, United States Code, is amended by inserting after the item
relating to section 2113 the following:
``2113A. ATM robbery and incidental crimes.''.
Calendar No. 350
119th CONGRESS
2d Session
S. 3798
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to establish criminal offenses
with respect to violations involving ATMs, regardless of whether the
ATM is located on the physical premises of a financial institution, and
for other purposes.
_______________________________________________________________________
March 5, 2026
Reported with an amendment