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H.R.3398 / 118th Congress

Safe Access to Cash Act of 2023

Referred to the House Committee on the Judiciary.

Official summary

Version 00 · Introduced in House · May 17, 2023

Safe Access to Cash Act of 2023

This bill establishes a new federal statutory framework to govern robbery offenses involving ATMs and related conduct.

Currently, the federal bank robbery statute makes it a federal crime to take or attempt to take by force and violence or by intimidation, money or other property from any bank, credit union, or savings and loan association. A violation is punishable by a statutory maximum prison term of 20 years (or 25 years, if the offense includes assault or use of a dangerous weapon).

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However, federal circuit courts have split on whether forcing someone to withdraw money from an ATM qualifies as an offense under the federal bank robbery statute. In United States v. Chavez, the Fifth Circuit Court of Appeals held that the bank customer, rather than the bank, had possession of the funds when the robbery occurred, so a necessary element of the federal bank robbery statute--that the money belonged to the bank--was not satisfied. In contrast, the Tenth, Seventh, and Fourth Circuits have held that directly forcing a bank customer to withdraw money from an ATM constitutes a federal bank robbery because the funds belonged to the bank when the withdrawal occurred.

This bill establishes new statutory criminal offenses for ATM robbery and related offenses such as ATM theft. A violation is subject to the same criminal penalties as an offense under the federal bank robbery statute--a statutory maximum prison term of 20 years (or 25 years, if the offense includes assault or use of a dangerous weapon).

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Who introduced it

Rep. Rose, John W. [R-TN-6] · R–TN

Committees

  • Judiciary Committee
10 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the House Committee on the Judiciary.

  2. Introduced in House

  3. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Jun 12, 2026. Consult Congress.gov for the current record.

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Analyze H.R.3398 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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