[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6543 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6543
To prohibit unfair and deceptive advertising of prices for hotel rooms
and other places of short-term lodging, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2023
Mrs. Kim of California (for herself and Ms. Castor of Florida)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit unfair and deceptive advertising of prices for hotel rooms
and other places of short-term lodging, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Hidden Fees on Extra Expenses for
Stays Act of 2023'' or the ``No Hidden FEES Act of 2023''.
SEC. 2. PROHIBITION ON UNFAIR AND DECEPTIVE ADVERTISING OF HOTEL ROOM
AND OTHER SHORT-TERM LODGING PRICES.
(a) In General.--A covered provider may not advertise, display,
market, or otherwise offer for sale in interstate commerce, including
through a direct offering, third-party distribution, or metasearch
referral, a price of a reservation for a place of short-term lodging
that does not include each mandatory fee.
(b) Exclusion.--Subsection (a) does not prohibit a covered provider
from displaying any individual component, including any fee or tax,
that is part of the total price, if such total price is clearly and
conspicuously disclosed to the consumer.
SEC. 3. ENFORCEMENT.
(a) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
section 2(a) shall be treated as a violation of a regulation
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(2) Powers of commission.--The Commission shall enforce
section 2(a) in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act. Any covered provider who violates section
2(a) shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act.
(3) Authority preserved.--Nothing in this Act may be
construed to limit the authority of the Commission under any
other provision of law.
(b) Enforcement by States.--
(1) In general.--If the attorney general of a State, or an
official or agency of a State, has reason to believe that an
interest of the residents of the State has been or is being
threatened or adversely affected by a practice that violates
section 2(a), the State may bring a civil action on behalf of
the residents of the State in an appropriate district court of
the United States to obtain appropriate relief.
(2) Rights of commission.--
(A) Notice to commission.--
(i) In general.--Except as provided in
clause (iii), an attorney general, official, or
agency of a State, before initiating a civil
action under paragraph (1), shall provide
written notification to the Commission that the
attorney general, official, or agency intends
to bring such civil action.
(ii) Contents.--The notification required
under clause (i) shall include a copy of the
complaint to be filed to initiate the civil
action.
(iii) Exception.--If it is not feasible for
an attorney general, official, or agency of a
State to provide the notification required
under clause (i) before initiating a civil
action under paragraph (1), the attorney
general, official, or agency shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by commission.--The Commission
may--
(i) intervene in any civil action brought
by an attorney general, official, or agency of
a State under paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) appeal a decision in the civil
action.
(C) Limitation on state action while federal action
is pending.--If the Commission or the Attorney General
of the United States has instituted a civil action for
violation of section 2(a) (referred to in this
subparagraph as the ``Federal action''), no State
attorney general, official, or agency may bring an
action under paragraph (1) during the pendency of the
Federal action against any defendant named in the
complaint in the Federal action for any violation of
such section alleged in such complaint.
(3) Rule of construction.--Nothing in this subsection may
be construed to prevent an attorney general, official, or
agency of a State from exercising the powers conferred on the
attorney general, official, or agency by the laws of the State
to conduct investigations, to administer oaths or affirmations,
or to compel the attendance of witnesses or the production of
documentary or other evidence.
SEC. 4. ONE NATIONAL STANDARD.
(a) In General.--A State, or political subdivision of a State, may
not maintain, enforce, prescribe, or continue in effect any law, rule,
regulation, requirement, standard, or other provision having the force
and effect of law of the State, or political subdivision of the State,
that prohibits a covered provider from advertising, displaying,
marketing, or otherwise offering, or otherwise affects the manner in
which a covered provider may advertise, display, market, or otherwise
offer, for sale in interstate commerce, including through a direct
offering, third-party distribution, or metasearch referral, a price of
a reservation for a place of short-term lodging that does not include
each mandatory fee.
(b) Rule of Construction.--This section may not be construed to--
(1) preempt any law of a State or political subdivision of
a State relating to contracts or torts; or
(2) preempt any law of a State or political subdivision of
a State to the extent that such law relates to an act of fraud,
unauthorized access to personal information, or notification of
unauthorized access to personal information.
SEC. 5. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Corporate, government, or institutional travel
management program.--The term ``corporate, government, or
institutional travel management program'' means--
(A) a program used by a company, government entity,
or not-for-profit institution for the travel of the
officers, directors, or employees of such company,
government entity, or not-for-profit institution; or
(B) a program purchased by a company, government
entity, or not-for-profit institution and used for the
travel of the officers, directors, or employees of such
company, government entity, or not-for-profit
institution.
(3) Covered provider.--
(A) In general.--The term ``covered provider''
means a provider of a place of short-term lodging, a
provider of an internet website or other centralized
platform, or any other entity who advertises, displays,
markets, or otherwise offers a price of a reservation
for a place of short-term lodging.
(B) Exclusion.--The term ``covered provider'' does
not include any entity who advertises, displays,
markets, or otherwise offers a price of a reservation
for a place of short-term lodging for purchase pursuant
to a corporate, government, or institutional travel
management program.
(4) Mandatory fee.--The term ``mandatory fee''--
(A) means each mandatory fee required to complete
the booking or stay that is assessed by the covered
provider and paid directly by the consumer; and
(B) does not include any tax or fee imposed on the
consumer by a governmental or quasi-governmental entity
or assessment fees of a government-created special
district or program.
(5) Place of short-term lodging.--The term ``place of
short-term lodging'' means a hotel, motel, inn, short-term
rental, or other place of lodging that advertises at a price
that is a nightly, hourly, or weekly rate.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or
possession of the United States.
SEC. 6. APPLICATION TO PRIOR BOOKINGS.
Section 2(a) shall apply only to a reservation for a place of
short-term lodging made on or after the effective date of this Act.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date that is 1 year after the
date of the enactment of this Act.
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