SAFE ACCESS TO CASH ACT OF 2026

On 2026-09-30, Senator Ted Cruz (R-TX) delivered a floor speech titled "SAFE ACCESS TO CASH ACT OF 2026" in the Senate.

SAFE ACCESS TO CASH ACT OF 2026

Congressional Record, Volume 172 Issue 155 (Wednesday, September 30, 2026) [Congressional Record Volume 172, Number 155 (Wednesday, September 30, 2026)] [Senate] [Page S5207] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SAFE ACCESS TO CASH ACT OF 2026 Mr. CRUZ. Mr. President, I want to share the story of a young man named Juan Lopez. Juan was a hard-working family man who lived in Georgia. On Black Friday in 2021 he was murdered while on the phone with his sister withdrawing cash from a stand-alone ATM. Juan's story is not an isolated tragedy, and, sadly, many of these crimes are never reported. Back in 1934, Congress enacted the Federal Bank Robbery Act in response to a plethora of bank robberies that plagued the early 20th century. This legislation did one simple thing: make bank robberies a Federal offense. And as a result, bank robberies fell dramatically. Now, as we are seeing robberies happening at ATMs found at grocery stores, outside of banks, and on back-country roads, it is clear that action is needed to protect millions of Americans who rely on ATMs for cash--cash that buys groceries, that pays for public transportation, and that makes rent. There are now more than 530,000 ATMs in the United States handling more than 10 billion transactions each and every year. As bank branches decline with roughly 20 percent fewer today than a decade ago, thefts at ATMs are rising, increasing 21 percent year over year. In some cases, robbers can walk away with $15,000 in 5 minutes. And under current law, Federal prosecutors often lack the authority to pursue them. That is why, together with Senator Ruben Gallego, ranking member on the Digital Assets Subcommittee in the Banking Committee, I introduced the Safe Access to Cash Act bringing the Federal Bank Robbery Act into the 21st century. The Safe Access to Cash Act closes that gap in the law allowing Federal law enforcement to investigate and bring justice for crimes like this. This legislation has support from our Nation's leading law enforcement organizations, from organizations that represent stores and retailers, and from groups that bear the financial cost of repeat ATM robberies. I want to thank my colleagues Senator Grassley and Senator Durbin for their leadership in passing this legislation through the Senate Judiciary Committee. Mr. President, as if in legislative session and notwithstanding rule XXII, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 350, S. 3798. The PRESIDING OFFICER. The clerk will report the bill by title. The bill clerk read as follows: A bill (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. There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on the Judiciary, with an amendment to strike all after the enacting clause and insert in lieu thereof the following: 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.''. Mr. CRUZ. Mr. President, I ask unanimous consent that the committee- reported substitute amendment be considered and agreed to, and that the bill, as amended, be considered read a third time. The PRESIDING OFFICER. Without objection, it is so ordered. The committee-reported amendment, in the nature of a substitute, was agreed to. The bill was ordered to be engrossed for a third reading and was read the third time. Mr. CRUZ. I know of no further debate on the bill as amended. The PRESIDING OFFICER. Is there further debate on the bill? Hearing none, the bill having been read the third time, the question is, Shall the bill pass? The bill (S. 3798), as amended, was passed. Mr. CRUZ. Mr. President, I ask unanimous consent that the motion to reconsider be considered made and laid upon the table. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. CRUZ. I yield the floor. The PRESIDING OFFICER. The Senator from Oregon. ____________________

Referenced legislation: S3798, S3798