[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.''.
                                 ______