[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5482-S5483]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5975. Mr. MENENDEZ (for himself and Mr. Cramer) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Sense of Congress.--It is the sense of Congress that 
     every consumer has the right to use cash at retail businesses 
     who accept in-person payments.
       (b) Prohibition.--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 
     with a person accepting 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 of 
     less than $2,000 made at such physical location; 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 such person--
       ``(A) is unable to accept cash because of--
       ``(i) a sale system failure that temporarily prevents the 
     processing of cash payments; or
       ``(ii) a temporary insufficiency in cash on hand needed to 
     provide change; or
       ``(B) provides customers with the means, on the premises, 
     to convert cash into a card that is either a general-use 
     prepaid card, a gift card, or an access device for electronic 
     fund transfers for which--
       ``(i) there is no fee for the use of the card;
       ``(ii) there is not a minimum deposit amount greater than 1 
     dollar;
       ``(iii) amounts loaded on the card do not expire, as 
     required under paragraph (2);
       ``(iv) there is no collection of any personal identifying 
     information from the customer;
       ``(v) there is no fee to use the card; and
       ``(vi) there may be a limit to the number of transactions 
     on such cards.
       ``(2) Inactivity .--A person seeking exception from 
     subsection (a) may charge an inactivity fee in association 
     with a prepaid 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.

[[Page S5483]]

       ``(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 bills 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, $20 and $50 bills.
       ``(d) Enforcement.--
       ``(1) Preventative relief.--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, a civil action for preventive relief, 
     including an application for a permanent or temporary 
     injunction, restraining order, or other order may be brought 
     against such person.
       ``(2) Civil penalties.--Any person who violates this 
     section shall--
       ``(A) be liable for actual damages;
       ``(B) be fined not more than $2,500 for a first offense; 
     and
       ``(C) be fined not more than $5,000 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 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 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.''.
       (c) 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.''.
                                 ______