[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1984 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1984

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 SENATE OF THE UNITED STATES

                             June 14, 2023

  Mr. Menendez (for himself and Mr. Cramer) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 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.--
            ``(1) In general.--Subsection (a) shall not apply to a 
        person if--
                    ``(A) the person is unable to accept cash because 
                of--
                            ``(i) a sale system failure that 
                        temporarily prevents the processing of cash 
                        payments; or
                            ``(ii) temporarily having insufficient cash 
                        on hand to make change; or
                    ``(B)(i) the person provides customers with a 
                device that converts cash into prepaid cards on the 
                premises;
                    ``(ii) there is no fee for the use of the device;
                    ``(iii) the device does not require a minimum 
                deposit of more than one dollar;
                    ``(iv) any funds placed onto a prepaid card using 
                the device do not expire, except as permitted under 
                paragraph (2);
                    ``(v) the device does not collect any personal 
                identifying information from the customer; and
                    ``(vi) there is no fee to use the prepaid card that 
                the device produces.
            ``(2) Inactivity.--A person seeking exception from 
        subsection (a) may charge an inactivity fee in association with 
        a card offered by such person if--
                    ``(A) 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;
                    ``(B) not more than 1 inactivity fee is imposed in 
                any 1-month period; and
                    ``(C) it is clearly and conspicuously stated, on 
                the face of the mechanism that issues the card and on 
                the card--
                            ``(i) that an inactivity fee or charge may 
                        be imposed;
                            ``(ii) the frequency at which such 
                        inactivity fee may be imposed; and
                            ``(iii) the amount of such inactivity fee.
    ``(c) 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 shall not require a person to accept cash 
        payments in $50 bills or any larger bill.
            ``(2) Rulemaking.--
                    ``(A) In general.--The Secretary 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.
    ``(d) Enforcement.--
            ``(1) Preventative relief.--
                    ``(A) In general.--Whenever any person has engaged, 
                or there are reasonable grounds to believe that any 
                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 retailer, 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 
                preventative relief, including an application for a 
                permanent or temporary injunction, restraining order, 
                or other appropriate such relief, which may include a 
                civil penalty under paragraph (2), may be brought 
                against such person.
                    ``(B) No violation.--If, within the 45-day period 
                under subparagraph (A), the retailer establishes to the 
                reasonable satisfaction of the customer, in a response 
                provided in writing to the 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 will be 
                permitted to occur, no further proceedings under this 
                section shall be undertaken.
                    ``(C) Failure to respond.--If a retailer, having 
                received a notice described in subparagraph (A), fails 
                to respond in accordance with that subparagraph, or 
                responds but fails to reasonably establish that the 
                violation alleged did not occur or has been corrected 
                or cured, the aggrieved customer may file a civil 
                action against the retailer seeking relief under this 
                subsection, and shall attach to the complaint in such 
                action copies of the notice given to the retailer and 
                any response from the retailer.
            ``(2) Damages and civil penalties.--Any person who violates 
        this section shall--
                    ``(A) be liable for actual damages, and, 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 section 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 section, 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, 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.
    ``(e) 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.
    ``(f) Rulemaking.--The Secretary shall issue such rules as the 
Secretary determines are necessary to implement this section, which may 
prescribe additional exceptions to the application of the requirements 
described in subsection (a).
    ``(g) Annual Reports on the Geographic Distribution of Automated 
Teller Machines Owned by Federally Insured Depository Institutions.--
Beginning on the date that is 1 year after the date of enactment of 
this section, and annually thereafter, the Federal Deposit Insurance 
Corporation, with respect to depository institutions insured by the 
Corporation, and the National Credit Union Administration, with respect 
to credit unions insured by the National Credit Union Share Insurance 
Fund, shall submit to the Committee on Banking, Housing, and Urban 
Affairs of the Senate and the Committee on Financial Services of the 
House of Representatives a report that provides--
            ``(1) the number of automated teller machines owned and in 
        service by each institution insured by such agency;
            ``(2) the location of each such automated teller machine 
        that is installed at a fixed site; and
            ``(3) the approximate geographic range or radius within 
        which mobile automated teller machines owned by any such 
        institution are deployed.''.
    (b) Technical and Conforming 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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