1. Short title This Act may be cited as the Payment Choice Act of 2023 . 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. 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: 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 Subsection (a) shall not apply to a person if the person— (1) is unable to accept cash because of— (A) a sale system failure that temporarily prevents processing cash payments; or (B) temporarily having insufficient cash on hand to make change; or (2) provides customers with a device that converts cash into prepaid cards on the premises if— (A) there is no fee for the use of the device; (B) the device does not require a minimum deposit of more than one dollar; (C) any funds placed onto a prepaid card using the device do not expire, except as permitted under subsection (c); (D) the device does not collect any personal identifying information from the customer