S 3798: Safe Access to Cash Act of 2026

S 3798 in plain English: The Safe Access to Cash Act of 2026 would create new federal criminal penalties for breaking into, tampering with, damaging, or stealing from ATMs. Offenses involving more than $1,000 would carry up to 10 years in prison, while offenses of $1,000 or less would carry up to 1 year in prison.

Stated purpose

To create specific federal criminal offenses for robbing, assaulting, or stealing from ATMs and the people who use or service them, covering ATMs regardless of whether they are located inside or attached to a bank building.

Key points

• Makes ATM theft or tampering a federal crime with specific penalties based on dollar amount
• Offenses exceeding $1,000 carry up to 10 years in prison and/or fines
• Offenses not exceeding $1,000 carry up to 1 year in prison and/or fines

Arguments supporters make

• Standalone ATMs away from bank branches were not clearly covered by existing federal bank robbery law, leaving a gap that criminals could exploit — this bill closes that gap.
• Stiff, clearly defined penalties — up to 20 years for robbery, 25 years if a weapon is used, and life if someone is killed — can deter violent crimes against people at ATMs.
• ATMs provide essential access to cash for millions of Americans, and protecting them from theft and vandalism helps keep that access reliable and widespread.

Arguments opponents make

• Creating new federal crimes that overlap with existing state robbery and theft laws may unnecessarily expand federal jurisdiction into matters states already handle effectively.
• Heavy mandatory maximum sentences, especially for lower-level property offenses, could lead to disproportionate punishments for non-violent theft of small amounts of cash.
• Adding another specific-property federal crime statute rather than updating existing law risks creating a patchwork of overlapping offenses that complicates prosecution and sentencing.

Tradeoffs

Extending federal criminal law to protect ATM users and machines everywhere may improve public safety and close legal loopholes, but it also expands federal authority into areas traditionally handled by states and imposes serious penalties that may not always fit the severity of the offense.

Current status in Congress: Passed Senate.

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