[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2738-S2739]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 641. Mr. MENENDEZ (for himself and Mr. Cramer) submitted an
amendment intended to be proposed by him to the bill S. 2226, to
authorize appropriations for fiscal year 2024 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. _____. PAYMENT CHOICE.
(a) 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.
(b) Retail Businesses Prohibited From Refusing Cash
Payments.--
(1) 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
[[Page S2739]]
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.''.
(c) 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.''.
______