Engrossed in Senate

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3798 Engrossed in Senate (ES)]

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119th CONGRESS
  2d Session
                                S. 3798

_______________________________________________________________________

                                 AN ACT


 
 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,

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.''.

            Passed the Senate September 30, 2026.

            Attest:

                                                             Secretary.
119th CONGRESS

  2d Session

                                S. 3798

_______________________________________________________________________

                                 AN ACT

 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.