The bill undergoes substantive modifications, primarily narrowing the scope of criminal liability for ATM-related offenses by removing conspiracy and attempt provisions in specific contexts. It also deletes proposed amendments to the general bank robbery statute and revises sentencing for severe offenses, introducing a 'knowing' requirement for certain victims.
Safe Access to Cash Act of 2026
- Sponsor
- Sen. Cruz, Ted [R-TX]
- Committees
- Judiciary Committee (primary)
- Last action
- Oct 5, 2026
Bottom line
The Safe Access to Cash Act of 2026 expands federal criminal jurisdiction to cover a broad range of ATM-related crimes, aiming to enhance protection for individuals and the financial infrastructure regardless of an ATM's location or ownership.
What it actually does
This bill creates new federal criminal offenses specifically targeting crimes related to Automated Teller Machines (ATMs). It establishes penalties for robbery of ATM users or servicers, theft or damage of ATMs, and the receipt of property stolen from ATMs. Crucially, it expands federal jurisdiction to cover ATMs regardless of whether they are located on the physical premises of a financial institution or are owned/operated by such an institution.
Proponents argue
Proponents argue that this bill closes a critical gap in federal law, ensuring that all ATM-related crimes, particularly those occurring off-premises or involving independent ATMs, are subject to robust federal prosecution. They contend that this will deter criminals, provide greater security for individuals accessing cash, and safeguard a vital component of the nation's financial system, especially as ATM usage diversifies beyond traditional bank branches.
Opponents contend
Opponents might argue that this legislation represents an unnecessary federalization of crimes that are adequately addressed by existing state and local laws, potentially leading to an overburdening of federal courts and resources. Concerns could also be raised about the potential for disproportionate sentencing under federal guidelines compared to state statutes for similar offenses, and whether a new federal law is truly necessary given the existing legal framework.
The bill is concise and clearly written, allowing for a quick and comprehensive understanding of its provisions by any informed reader.
Section 2(a), new 18 U.S.C. 2113A(a)
Offenses Against ATM Users and Servicers
This provision criminalizes the act of taking or attempting to take property or money from any person using or servicing an ATM, or from an ATM owner/operator or transporter of ATM property, through force, violence, or intimidation. The offense must be committed in direct and immediate connection with the ATM use or service. Penalties include fines or imprisonment for up to 20 years, or both.
Supporters argue
Supporters argue that this provision directly addresses violent crimes against individuals who are particularly vulnerable while interacting with ATMs, ensuring that these acts are met with serious federal consequences, thereby enhancing public safety and deterring offenders.
Critics contend
Critics might contend that existing state laws already cover robbery and assault, and that adding a federal layer could lead to redundant prosecutions or disproportionate sentencing for crimes that could be handled effectively at the local level.
Tradeoffs
The provision balances the need for enhanced protection for ATM users and servicers against concerns about expanding federal jurisdiction into areas traditionally managed by state law enforcement.
Section 2(a), new 18 U.S.C. 2113A(b)
Offenses Against ATM Property
This section establishes federal penalties for breaking into, tampering with, damaging, removing, or stealing an ATM without authorization, with the intent to steal money or property from it. It creates two tiers of offenses: a felony (up to 10 years imprisonment) for stealing over $1,000, and a misdemeanor (up to 1 year imprisonment) for stealing $1,000 or less. This directly targets physical attacks on ATM machines.
Section 2(a), new 18 U.S.C. 2113A(c)
Receipt of Stolen ATM Property
This provision makes it a federal crime to receive, possess, conceal, store, barter, sell, or dispose of any property or money that has been stolen from an ATM in violation of subsection (b), knowing that it was unlawfully taken. The punishment for this offense is the same as that for the original theft under subsection (b), meaning it is tiered based on the value of the stolen property.
Section 2(a), new 18 U.S.C. 2113A(d)
Assault in Connection with Offenses
This provision imposes an enhanced penalty for individuals who, while committing or attempting to commit any of the ATM-related offenses defined in subsections (a) or (b), forcibly assault any person or put a person's life in jeopardy using a dangerous weapon or device. The penalty for such aggravated offenses is a fine or imprisonment for up to 25 years, or both.
Section 2(a), new 18 U.S.C. 2113A(e)
Killing or Forced Accompaniment in Connection with Offenses
This provision establishes the most severe penalties for ATM-related crimes, targeting instances where a person is killed or forced to accompany the offender without consent during the commission of an ATM offense, or while avoiding apprehension or attempting to escape. The penalty is imprisonment for up to 30 years, or life imprisonment if death results.
Section 2(a), new 18 U.S.C. 2113A(f)(1)
Definition of 'ATM'
This subsection defines 'ATM' as any network-connected automated teller machine terminal linked to global, national, or regional electronic financial networks, allowing depositors to access their accounts using a card or other access device. Crucially, it explicitly states that the definition includes ATMs regardless of whether they are located on the physical premises of a financial institution or are owned/operated by such an institution. This broadens the scope of federal jurisdiction.
The definition of 'ATM' explicitly includes any automated teller machine owned, operated, or sponsored by a bank, credit union, or savings and loan association, regardless of whether the machine is located on the physical premises of such an institution or is owned or operated by such an institution.
Section 2(a), new 18 U.S.C. 2113A(f)(1)(B)
Why it matters:This clarification is crucial for establishing the bill's expanded jurisdictional scope, which is a primary policy goal. Its placement in the definition section is standard legislative practice for defining terms, but its substantive impact on federal reach is significant.
Case for: Supporters argue that this explicit language is essential to ensure that the federal government can prosecute ATM crimes regardless of the machine's specific location (e.g., in a convenience store) or ownership (e.g., by an independent ATM operator), thereby closing a perceived loophole in existing federal law.
Case against: Critics might argue that this broadens federal jurisdiction unnecessarily, potentially drawing federal resources into cases that could be adequately handled by state and local authorities, and blurring the lines of criminal enforcement.
Estimated impact: This provision significantly expands the potential scope of federal prosecution for ATM-related crimes, bringing a wider array of incidents under federal purview.