[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4128 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4128

To ensure that United States currency is treated as legal tender to be 
 accepted as payment for purchases of goods and services at brick-and-
mortar businesses throughout the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2023

Mr. Payne (for himself, Mr. Mooney, Mr. Rose, and Mr. Meeks) introduced 
 the following bill; which was referred to the Committee on Financial 
                                Services

_______________________________________________________________________

                                 A BILL


 
To ensure that United States currency is treated as legal tender to be 
 accepted as payment for purchases of goods and services at brick-and-
mortar businesses throughout the United States, 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 ``Payment Choice Act of 2023''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that United States currency should be 
treated as legal tender throughout the United States, and that every 
consumer should have the right to use cash as payment at retail 
businesses that accept in-person payments.

SEC. 3. RETAIL BUSINESSES PROHIBITED FROM REFUSING CASH PAYMENTS.

    (a) In General.--Subchapter I of chapter 51 of title 31, United 
States Code, is amended by adding at the end the following:
``Sec. 5104. Retail businesses prohibited from refusing cash payments
    ``(a) In General.--Any person engaged in the business of selling or 
offering goods or services at retail to the public who accepts in-
person payments at a physical location (including a person accepting 
payments for telephone, mail, or internet-based transactions who is 
accepting in-person payments at a physical location)--
            ``(1) shall accept cash as a form of payment for sales made 
        at such physical location in amounts up to and including $500 
        per transaction; and
            ``(2) may not charge cash-paying customers a higher price 
        compared to the price charged to customers not paying with 
        cash.
    ``(b) Exceptions.--Subsection (a) shall not apply to a person if 
the person--
            ``(1) is unable to accept cash because of--
                    ``(A) a sale system failure that temporarily 
                prevents processing cash payments; or
                    ``(B) temporarily having insufficient cash on hand 
                to make change; or
            ``(2) provides customers with a device that converts cash 
        into prepaid cards on the premises if--
                    ``(A) there is no fee for the use of the device;
                    ``(B) the device does not require a minimum deposit 
                of more than one dollar;
                    ``(C) any funds placed onto a prepaid card using 
                the device do not expire, except as permitted under 
                subsection (c);
                    ``(D) the device does not collect any personal 
                identifying information from the customer; and
                    ``(E) there is no fee to use the prepaid card that 
                the device produces.
    ``(c) Inactivity.--With respect to a prepaid card described under 
paragraph (2), the person providing the card may charge an inactivity 
fee in association with the card if--
            ``(1) there has been no activity with respect to the card 
        during the 12-month period ending on the date on which the 
        inactivity fee is imposed;
            ``(2) not more than 1 inactivity fee is imposed in any 1-
        month period; and
            ``(3) there is clearly and conspicuously stated, on the 
        face of the mechanism that issues the card and on the card--
                    ``(A) that an inactivity fee or charge may be 
                imposed;
                    ``(B) the frequency at which such inactivity fee 
                may be imposed; and
                    ``(C) the amount of such inactivity fee.
    ``(d) Right To Not Accept Large Bills.--
            ``(1) In general.--Notwithstanding subsection (a), for the 
        5-year period beginning on the date of enactment of this 
        section, this section does not require a person or entity to 
        accept cash payments in $50 bills or any larger bill.
            ``(2) Rulemaking.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall issue a rule on the date that is 5 years after 
                the date of the enactment of this section with respect 
                to any bill denominations a person is not required to 
                accept.
                    ``(B) Requirement.--When issuing a rule under 
                subparagraph (A), the Secretary shall require persons 
                to accept $1, $5, $10, and $20 bills.
    ``(e) Enforcement.--
            ``(1) Preventative relief.--
                    ``(A) In general.--Whenever any person has engaged, 
                or there are reasonable grounds to believe that any 
                such person is about to engage, in any act or practice 
                prohibited by this section, any customer or prospective 
                customer of such person aggrieved by such violation or 
                threatened violation may deliver to the person, or 
                cause to be so delivered by certified mail, with proof 
                of delivery, a notice describing, in reasonable detail, 
                the conduct or events constituting the violation or 
                threatened violation, and giving notice that, unless 
                such conduct is corrected or cured within 45 days after 
                the date of delivery of such notice, a civil action for 
                preventive relief, including an application for a 
                permanent or temporary injunction, restraining order, 
                or other appropriate such relief, which may include a 
                civil penalty as hereinafter provided for, may be 
                brought against such person.
                    ``(B) Response; cure.--If, within the 45-day period 
                described under subparagraph (A), the person described 
                in that subparagraph establishes to the customer or 
                prospective customer's reasonable satisfaction, in a 
                response provided in writing to the customer or 
                prospective customer, that no violation occurred as 
                alleged, or certifies that the violation alleged has 
                been corrected or cured, and provides reasonable 
                assurance that no such violation henceforth will be 
                permitted to occur in the conduct of the person's 
                business, no further proceedings under this section may 
                be undertaken.
                    ``(C) Civil action.--If a person described under 
                subparagraph (A), having received a notice described in 
                that subparagraph, fails to respond in accordance with 
                subparagraph (B), or responds but fails to reasonably 
                establish that the violation alleged either did not 
                occur or has been corrected or cured, the aggrieved 
                customer or prospective customer shall be entitled to 
                file a civil action against the person seeking relief 
                as provided under this subsection. In any such filing, 
                the customer or prospective customer shall attach to 
                the complaint in such action copies of the notice given 
                to the person pursuant to subparagraph (A) and the 
                response, if any, received from such person.
            ``(2) Damages and civil penalties.--Any person who violates 
        this section shall--
                    ``(A) be liable for actual damages, together with, 
                if actual damages are less than $250, liquidated 
                damages of $250; and
                    ``(B) a civil penalty of not more than $500 for a 
                first offense and not more than $1,500 for a second or 
                subsequent offense.
            ``(3) Jurisdiction.--An action under this subsection may be 
        brought in any United States district court, or in any other 
        court of competent jurisdiction.
            ``(4) Intervention of attorney general.--Upon timely 
        application, a court may, in its discretion, permit the 
        Attorney General to intervene in a civil action brought under 
        this subsection, if the Attorney General certifies that the 
        action is of general public importance.
            ``(5) Authority to appoint court-paid attorney.--Upon 
        application by an individual and in such circumstances as the 
        court may determine just, the court may appoint an attorney for 
        such individual and may authorize the commencement of a civil 
        action under this subsection without the payment of fees, 
        costs, or security.
            ``(6) Attorney's fees.--In any action commenced pursuant to 
        this subsection, the court, in its discretion, may allow the 
        prevailing party, other than the United States, a reasonable 
        attorney's fee, not to exceed $3,000 in amount, as part of the 
        costs, and the United States shall be liable for costs the same 
        as a private person.
            ``(7) Requirements in certain states and local areas.--In 
        the case of an alleged act or practice prohibited by this 
        section which occurs in a State, or political subdivision of a 
        State, which has a State or local law prohibiting such act or 
        practice and establishing or authorizing a State or local 
        authority to grant or seek relief from such act or practice or 
        to institute criminal proceedings with respect thereto upon 
        receiving notice thereof, no civil action may be brought 
        hereunder before the expiration of 30 days after written notice 
        of such alleged act or practice has been given to the 
        appropriate State or local authority by registered mail or in 
        person, provided that the court may stay proceedings in such 
        civil action pending the termination of State or local 
        enforcement proceedings.
    ``(f) Greater Protection Under State Law.--This section shall not 
preempt any law of a State, the District of Columbia, a Tribal 
government, or a territory of the United States if the protections that 
such law affords to consumers are greater than the protections provided 
under this section.
    ``(g) Rulemaking.--The Secretary of the Treasury shall issue such 
rules as the Secretary determines are necessary to implement this 
section, which may include prescribing additional exceptions to the 
application of the requirements described in subsection (a).''.
    (b) Clerical Amendment.--The table of contents for chapter 51 of 
title 31, United States Code, is amended by inserting after the item 
relating to section 5103 the following:

``5104. Retail businesses prohibited from refusing cash payments.''.
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