II 

117TH CONGRESS 

2D SESSION S. 4497 

To prohibit retail businesses from refusing cash payments, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2022 

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 prohibit retail businesses from refusing cash payments, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Payment Choice Act 

5 of 2022’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that every consumer has 

8 the right to use cash at retail businesses who accept in9 person payments. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4497 IS

1 SEC. 3. RETAIL BUSINESSES PROHIBITED FROM REFUSING 

2 CASH PAYMENTS. 

3 (a) IN GENERAL.—Subchapter I of chapter 51 of title 

4 31, United States Code, is amended by adding at the end 

5 the following: 

6 ‘‘§ 5104. Retail businesses prohibited from refusing 

7 cash payments 

8 ‘‘(a) IN GENERAL.—Any person engaged in the busi9 ness of selling or offering goods or services at retail to 

10 the public with a person accepting in-person payments at 

11 a physical location (including a person accepting payments 

12 for telephone, mail, or internet-based transactions who is 

13 accepting in-person payments at a physical location)— 

14 ‘‘(1) shall accept cash as a form of payment for 

15 sales of less than $2,000 made at such physical loca16 tion; and 

17 ‘‘(2) may not charge cash-paying customers a 

18 higher price compared to the price charged to cus19 tomers not paying with cash. 

20 ‘‘(b) EXCEPTIONS.— 

21 ‘‘(1) IN GENERAL.—Subsection (a) shall not 

22 apply to a person if such person— 

23 ‘‘(A) is unable to accept cash because of— 

24 ‘‘(i) a sale system failure that tempo25 rarily prevents the processing of cash pay26 ments; or 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4497 IS

1 ‘‘(ii) a temporary insufficiency in cash 

2 on hand needed to provide change; or 

3 ‘‘(B) provides customers with the means, 

4 on the premises, to convert cash into a card 

5 that is either a general-use prepaid card, a gift 

6 card, or an access device for electronic fund 

7 transfers for which— 

8 ‘‘(i) there is no fee for the use of the 

9 card; 

10 ‘‘(ii) there is not a minimum deposit 

11 amount greater than 1 dollar; 

12 ‘‘(iii) amounts loaded on the card do 

13 not expire, as required under paragraph 

14 (2); 

15 ‘‘(iv) there is no collection of any per16 sonal identifying information from the cus17 tomer; 

18 ‘‘(v) there is no fee to use the card; 

19 and 

20 ‘‘(vi) there may be a limit to the num21 ber of transactions on such cards. 

22 ‘‘(2) INACTIVITY.—A person seeking exception 

23 from subsection (a) may charge an inactivity fee in 

24 association with a prepaid card offered by such per25 son if— 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4497 IS

1 ‘‘(A) there has been no activity with re2 spect to the card during the 12-month period 

3 ending on the date on which the inactivity fee 

4 is imposed; 

5 ‘‘(B) not more than 1 inactivity fee is im6 posed in any 1-month period; and 

7 ‘‘(C) it is clearly and conspicuously stated, 

8 on the face of the mechanism that issues the 

9 card and on the card— 

10 ‘‘(i) that an inactivity fee or charge 

11 may be imposed; 

12 ‘‘(ii) the frequency at which such inac13 tivity fee may be imposed; and 

14 ‘‘(iii) the amount of such inactivity 

15 fee. 

16 ‘‘(c) RIGHT TO NOT ACCEPT LARGE BILLS.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

18 (a), for the 5-year period beginning on the date of 

19 enactment of this section, this section shall not re20 quire a person to accept cash payments in $50 bills 

21 or any larger bill. 

22 ‘‘(2) RULEMAKING.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 issue a rule on the date that is 5 years after the 

25 date of the enactment of this section with reVerDate Sep 11 2014 21:32 Jun 30, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4497.IS S4497

pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4497 IS

1 spect to any bills a person is not required to ac2 cept. 

3 ‘‘(B) REQUIREMENT.—When issuing a rule 

4 under subparagraph (A), the Secretary shall re5 quire persons to accept $1, $5, $10, $20, and 

6 $50 bills. 

7 ‘‘(d) ENFORCEMENT.— 

8 ‘‘(1) PREVENTATIVE RELIEF.—Whenever any 

9 person has engaged, or there are reasonable grounds 

10 to believe that any person is about to engage, in any 

11 act or practice prohibited by this section, a civil ac12 tion for preventive relief, including an application for 

13 a permanent or temporary injunction, restraining 

14 order, or other order may be brought against such 

15 person. 

16 ‘‘(2) CIVIL PENALTIES.—Any person who vio17 lates this section shall— 

18 ‘‘(A) be liable for actual damages; 

19 ‘‘(B) be fined not more than $2,500 for a 

20 first offense; and 

21 ‘‘(C) be fined not more than $5,000 for a 

22 second or subsequent offense. 

23 ‘‘(3) JURISDICTION.—An action under this sec24 tion may be brought in any United States district 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 4497 IS

1 court, or in any other court of competent jurisdic2 tion. 

3 ‘‘(4) INTERVENTION OF ATTORNEY GENERAL.— 

4 Upon timely application, a court may, in its discre5 tion, permit the Attorney General to intervene in a 

6 civil action brought under this subsection, if the At7 torney General certifies that the action is of general 

8 public importance. 

9 ‘‘(5) AUTHORITY TO APPOINT COURT-PAID AT10 TORNEY.—Upon application by an individual and in 

11 such circumstances as the court may determine just, 

12 the court may appoint an attorney for such indi13 vidual and may authorize the commencement of a 

14 civil action under this subsection without the pay15 ment of fees, costs, or security. 

16 ‘‘(6) ATTORNEY’S FEES.—In any action com17 menced pursuant to this section, the court, in its 

18 discretion, may allow the prevailing party, other 

19 than the United States, a reasonable attorney’s fee 

20 as part of the costs, and the United States shall be 

21 liable for costs the same as a private person. 

22 ‘‘(7) REQUIREMENTS IN CERTAIN STATES AND

23 LOCAL AREAS.—In the case of an alleged act or 

24 practice prohibited by this section which occurs in a 

25 State, or political subdivision of a State, which has 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 4497 IS

1 a State or local law prohibiting such act or practice 

2 and establishing or authorizing a State or local au3 thority to grant or seek relief from such act or prac4 tice or to institute criminal proceedings with respect 

5 thereto upon receiving notice thereof, no civil action 

6 may be brought hereunder before the expiration of 

7 30 days after written notice of such alleged act or 

8 practice has been given to the appropriate State or 

9 local authority by registered mail or in person, pro10 vided that the court may stay proceedings in such 

11 civil action pending the termination of State or local 

12 enforcement proceedings. 

13 ‘‘(e) GREATER PROTECTION UNDER STATE LAW.— 

14 This section shall not preempt any law of a State, the Dis15 trict of Columbia, a Tribal government, or a territory of 

16 the United States if the protections that such law affords 

17 to consumers are greater than the protections provided 

18 under this section. 

19 ‘‘(f) RULEMAKING.—The Secretary shall issue such 

20 rules as the Secretary determines are necessary to imple21 ment this section, which may prescribe additional excep22 tions to the application of the requirements described in 

23 subsection (a). 

24 ‘‘(g) ANNUAL REPORTS ON THE GEOGRAPHIC DIS25 TRIBUTION OF AUTOMATED TELLER MACHINES OWNED


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 4497 IS

1 BY FEDERALLY INSURED DEPOSITORY INSTITUTIONS.— 

2 Beginning on the date that is 1 year after the date of 

3 enactment of this section, and annually thereafter, the 

4 Federal Deposit Insurance Corporation, with respect to 

5 depository institutions insured by the Corporation, and the 

6 National Credit Union Administration, with respect to 

7 credit unions insured by the National Credit Union Share 

8 Insurance Fund, shall submit the Committee on Banking, 

9 Housing, and Urban Affairs of the Senate and the Com10 mittee on Financial Services of the House of Representa11 tives a report that provides— 

12 ‘‘(1) the number of automated teller machines 

13 owned and in service by each institution insured by 

14 such agency; 

15 ‘‘(2) the location of each such automated teller 

16 machine that is installed at a fixed site; and 

17 ‘‘(3) the approximate geographic range or ra18 dius within which mobile automated teller machines 

19 owned by any such institution are deployed.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 for chapter 51 of title 31, United States Code, is amended 

22 by inserting after the item relating to section 5103 the 

23 following: 

‘‘5104. Retail businesses prohibited from refusing cash payments.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS