[Pages H3704-H3707]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

{time} 1715
NO HIDDEN FEES ON EXTRA EXPENSES FOR STAYS ACT OF 2023

Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the
bill (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.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 6543

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.

[[Page H3705]]

(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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Bilirakis) and the gentleman from New Jersey (Mr. Pallone)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida.

General Leave

Mr. Bilirakis. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. BILIRAKIS. Mr. Speaker I yield myself such time as I may consume.
Mr. Speaker, today I rise in strong support of H.R. 6543, the No
Hidden FEES Act, and urge my colleagues to join me in voting ``yes'' on
this piece of legislation.
After spending their hard-earned money on a vacation for their
family, Americans don't need to be hit with unexpected fees added to
their hotel room bookings, which happens all the time. These resort
fees often confuse and deceive consumers, which is why the House needs
to pass this bill sponsored by my good friend and colleague,
Representative Young Kim.
H.R. 6543 will protect consumers from unfair and deceptive
advertising of prices for hotel rooms and other places for short-term
lodging. Last month, we passed similar legislation for live event
ticketing when we overwhelmingly passed the TICKET Act, which was my
bill, bringing price transparency to the market.
Representative Kim's bill will take this commonsense approach in the
lodging space. Such price transparency is needed for consumers so they
know how much they will be paying for lodging upfront, and this is
exactly what H.R. 6543 does.
I thank the stakeholders for working with us on this initiative to
ensure that consumers know exactly the price they are going to pay
upfront. I applaud Representative Kim, as well as my fellow Floridian,
Representative Castor, for introducing this important piece of
legislation, and I strongly urge my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to speak in support of H.R. 6543, the No Hidden
FEES Act.
Far too often, when consumers go to check out of their hotel rooms,
they are hit with surprise fees. Hotels and online travel agencies have
many names for these types of fees, such as resort fees, amenities
fees, facilities fees, to name just a few. Regardless of what they are
called, surprise fees that consumers do not expect make it impossible
to comparison shop and impose undue burdens on household finances.
That is why I am proud that President Biden and House Democrats are
working to prevent junk fees like these. H.R. 6543, the No Hidden FEES
Act, is a bipartisan bill that will ensure that companies make
available all mandatory fee information when they advertise a hotel
room or other place of short-term lodging.
The bill would also require hotels and other providers of short-term
lodging to provide the total cost of a room to any internet website or
other third party that the provider has allowed to advertise, market,
display, or otherwise offer the short-term lodging for sale.
By ensuring everyone in the short-term lodging ecosystem displays the
full price of a stay, we will protect consumers from being caught
paying extra when they go to check out. I commend my colleagues on the
Energy and Commerce Committee, Representative Castor and Representative
Kim, for their leadership on this issue.
Mr. Speaker, I reserve the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, I yield 5 minutes to the gentlewoman from
California (Mrs. Kim), a great Member of Congress.
Mrs. KIM of California. Mr. Speaker, I thank Representative Bilirakis
for yielding.
Mr. Speaker, I rise in support of my legislation, H.R. 6543, the No
Hidden Fees on Extra Expenses for Stays Act, or No Hidden FEES Act.
Hidden fees on short-term lodging stays, such as hotels, inns, and
resorts, make budgeting for a trip much harder for families who are
already struggling from persistent inflation and rising living costs.
Customers often find themselves paying more for their overnight stay
than what was advertised online. These unexpected, deceptive fees hurt
families' bottom lines.
According to a 2023 Consumer Reports survey, 37 percent of Americans
found themselves paying an extra hidden fee, with more than half
expressing that this additional cost took them over budget. The No
Hidden FEES Act requires hotels, motels, and travel and lodging sites
to disclose upfront the full cost of a short-term stay, including all
mandatory and resort fees.
Currently, the way prices are advertised across the lodging industry
is fragmented and not uniform. My bill would require all stakeholders
in the lodging and booking industries and third-party distributors to
clearly display the final price. This provides clarity for consumers
and improves the quality of the American hospitality and tourism
industries.
I thank Chairwoman Rodgers from the Energy and Commerce Committee for
her leadership and the rest of the House Energy and Commerce staff for
their tireless work on this bipartisan and commonsense legislation.
I thank Representative Castor for making this a bipartisan bill.
I also thank all the outside stakeholders and consumer advocacy
groups who worked with us on this pro-consumer initiative.
Mr. Speaker, I am proud to lead this commonsense bill and urge my
colleagues to vote in support of it.
Mr. PALLONE. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Florida (Ms. Castor), who is the ranking member of our
Oversight and investigations Subcommittee and the Democratic sponsor of
the bill.

Ms. CASTOR of Florida. Mr. Speaker, I thank Ranking Member Pallone
for yielding the time.
Mr. Speaker, I rise in strong support of the No Hidden FEES Act, H.R.
6543, and I thank my partner, the gentlewoman of California (Mrs. Kim),
for leading the effort here.
Mr. Speaker, the No Hidden FEES Act would outlaw junk fees in hotel
lodging. It would outlaw that unfair and misleading price advertising,
whether it is motels or short-term rentals, or privately owned vacation
rentals. It will require an accurate price listing that has to include
all fees.
Mr. Speaker, I think all too often a family goes online when they are
planning their vacation to the Gulf beaches of The Sunshine State for a
lovely vacation, or anywhere across the country, too often, as they
search online and try to do comparison shopping, not all of the fees
are displayed. Mr. Speaker, Mr. Bilirakis would probably agree.
That is not fair because oftentimes, at the end their vacation,
consumers will go to check out of their hotel or wherever they are
staying, and they will tack on these extra fees. It is not fair. It is
not right.
That is why we want to tackle this industrywide to make sure that
there is a level playing field for all families ready to take their
vacation and use their hard-earned dollars to do it.
These hidden fees also stifle competition because one thing consumers
want when they are comparison shopping is that level playing field.
They want all the information at their fingertips. This would provide
those ground rules across everywhere. In many cases, the platforms are
hiding these fees. That is why this legislation is so important.
Mr. Speaker, I include in the Record the support letters from the
American Hotel and Lodging Association, the Florida Restaurant and
Lodging Association, and a statement from Airbnb.

[[Page H3706]]

American Hotel &

Lodging Association,

December 4, 2023.
Hon. Cathy McMorris Rodgers,
Chair, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Hon. Frank Pallone Jr.,
Ranking Member, Committee on Energy and Commerce, House of
Representatives, Washington, DC.
Dear Chair McMorris Rodgers and Ranking Member Pallone: On
behalf of the American Hotel and Lodging Association (AHLA),
and the undersigned organizations, we are writing to express
our support for the passage of Congresswoman Young Kim's (CA-
40) and Congresswoman Kathy Castor's (FL-14) legislation, the
No Hidden Fees on Extra Expenses for Stays Act (H.R. 6543).
AHLA is the singular voice representing every segment of
the hotel industry including major chains, independent
hotels, management companies, REITs, bed and breakfasts,
industry partners, and more. The industry is made up of more
than 62,000 hotels, 33,000 of which are small businesses,
comprising 5.6 million rooms across the United States. These
hotels generate more than $300 billion in sales every year
and support more than 8.3 million jobs. Hotels are integral
contributors to communities across the country and annually
generate nearly $75 billion in tax revenue at the federal,
state, and local levels.
We, along with the undersigned organizations, are extremely
grateful to Representatives Kim and Castor for recognizing
the need for consistent and broadly applicable mandatory fee
disclosure and display requirements across the entire lodging
booking and advertising ecosystem. This bill would create a
national standard for display of lodging prices and require
that any mandatory fees be included in prices wherever they
are advertised, distributed, and sold. As written, this bill
would also ensure compliance throughout the complex lodging
distribution ecosystem.
While hotels disclose mandatory additional fees to
consumers in accordance with existing FTC guidance now, it is
critical that any updated display requirements apply across
the competitive lodging advertising and booking landscape.
Recently, many of the largest hotel chains that AHLA
represents have implemented, or announced plans to imminently
implement, changes to ensure that mandatory fees are
displayed upfront in the pricing consumers are offered
through their owned channels.
Critically, as consumers shop for and book lodging through
a wide variety of channels and providers, this proposed
legislation would apply to third-party distributors, such as
online travel agencies (e.g., Expedia), metasearch sites and
search engines (e.g., Google), as well as short-term rental
platforms (e.g., Airbnb). Any regulation mandating fee
display and disclosure must be consistently applied to all
accommodation providers, advertisers, and broader industry
participants to ensure consumers see the same information, in
a consistent manner, anywhere they shop. A level competitive
playing field for industry participants paired with clear and
consistent display for consumers is of paramount importance
and we believe this legislation achieves those goals.
We thank Representatives Kim and Castor for introducing
this legislation and working together in a bipartisan fashion
to craft a strong bill that will ensure compliance across the
industry. We ask that the committee report it favorably and
as written.
We look forward to working with you and your colleagues to
support America's hotel and lodging industry, employees,
guests, and local communities.
Sincerely,
American Hotel and Lodging Association, California Hotel
and Lodging Association, Florida Restaurant and Lodging
Association, The Broadmoor, BWH Hotels, Choice Hotels
International, Hilton, Host Hotels & Resorts, Hyatt, IHG
Hotels & Resorts, Loews Hotels & Co., Marriott International,
MGM Resorts, Omni Hotels & Resorts, Park Hotels & Resorts,
Pebblebrook Hotel Trust, Sea Island Resort, Wyndham Hotels &
Resorts, Inc.
____

Florida Restaurant &

Lodging Association,

Tallahassee, FL, December 4, 2023.
Hon. Kathy Castor,
House of Representatives,
Washington, DC.
Dear Representative Castor: On behalf of the Florida
Restaurant and Lodging Association (FRLA), I am writing to
express our support for your legislation, the No Hidden Fees
on Extra Expenses for Stays Act (H.R. 6543), and our
gratitude for your leadership on this issue.
The Florida Restaurant and Lodging Association (FRLA) is
Florida's premier non-profit hospitality industry trade
association. Founded in 1946 as the Florida Restaurant
Association, FRLA merged with the Florida Hotel and Motel
Association in 2006. FRLA's more than 10,000 members include
independent hoteliers and restaurateurs, household name
franchises, theme parks and suppliers. The association's
mission is to protect, educate and promote Florida's nearly
$112 billion hospitality industry, which represents 1.3
million employees. Dedicated to safeguarding the needs of the
membership, FRLA provides legislative advocacy to ensure the
voices of its members are heard and their interests are
protected.
FRLA is extremely grateful for your work in recognizing the
need for consistent and broadly applicable mandatory fee
disclosure and display requirements across the entire lodging
booking and advertising ecosystem. This bill would create a
national standard for the display of lodging prices, and it
would require that any mandatory fees be included in prices
wherever lodging is advertised, distributed, and sold. As
written, this bill would also ensure compliance throughout
the complex and fragmented lodging distribution ecosystem.
While hotels currently disclose mandatory additional fees
to consumers in accordance with existing FTC guidance, it is
critical that any updated display requirements apply across
the competitive lodging advertising and booking landscape.
Recently, many of the largest hotel chains that include FRLA
members--including Marriott International, Hilton, Choice
Hotels International, Omni Hotels & Resorts, and Hyatt--have
implemented, or announced plans to soon implement, changes to
ensure that mandatory fees are clearly displayed at the
outset in the pricing consumers are offered through their
owned channels.
Critically, as consumers shop for and book lodging through
a wide variety of channels and providers, this proposed
legislation would apply to third-party distributors, such as
online travel agencies (e.g., Expedia), metasearch sites and
search engines (e.g., Google), as well as short-term rental
platforms (e.g., Airbnb). Any regulation mandating fee
display and disclosure must be consistently applied to all
accommodation providers, advertisers, and broader industry
participants to ensure consumers see the same information, in
a consistent manner, everywhere they shop. A level
competitive playing field for industry participants paired
with clear and consistent display for consumers is critical,
and we believe this drafted legislation achieves those goals.
We thank you for introducing this legislation and working
together with Representative Kim in a bipartisan fashion to
craft a strong bill that will ensure compliance across the
industry.
We look forward to working with you and your colleagues to
support Florida's hotel and lodging industry, employees,
guests, and local communities.
Sincerely,
Carol B. Dover, FMP,
President & CEO,
Florida Restaurant and Lodging Association.
____

Support for Federal Price Transparency Legislation

Airbnb today announced support for the No Hidden Fees on
Extra Expenses for Stays (No Hidden FEES) Act of 2023 (H.R
6543) introduced by U.S. Representatives Young Kim (CA-40)
and Kathy Castor (FL-14). The bill would create a national
standard for price transparency across the accommodation
industry, including short-term rentals and hotels.
``Last year, Airbnb launched total price display to make it
easier for guests to find stays that fit their budget, and
help our Hosts set competitive prices. We believe giving
guests the ability to see a fee-inclusive price when they
search makes for a better experience, and that's why we are
proud to support the No Hidden Fees Act to create a national
industry-wide standard for price transparency at a time when
affordability is top of mind for consumers. We applaud
Representatives Kim and Castor for their work on this
legislation and we look forward to helping raise support for
its passage,'' said Theo Yedinsky, Airbnb's Global Policy
Director.
Last December, Airbnb launched the option to display total
pricing in the US and other countries without existing price
display requirements. US guests can now view total pricing
with fees, before taxes, across the entire app. Since we
launched the tool, over 8 million guests have booked travel
on Airbnb using total price display.
In June, Airbnb's Chief Financial Officer Dave Stephenson
joined President Joe Biden for a meeting at the White House
to highlight private sector companies that have launched
price display improvements for consumers.

Ms. CASTOR of Florida. Mr. Speaker, let me read what they say.
American Hotel and Lodging Association says: ``While hotels disclose
mandatory additional fees to consumers in accordance with existing FTC
guidance now, it is critical that any updated display requirements
apply across the competitive lodging advertising and booking landscape.
Recently, many of the largest hotel chains . . . have implemented, or
announced plans to imminently implement, changes to ensure that
mandatory fees are displayed upfront in the pricing consumers are
offered through their owned channels.
``Critically, as consumers shop for and book lodging through a wide
variety of channels and providers, this proposed legislation would
apply to third-party distributors, such as online travel agencies . . .
metasearch sites and search engines . . . as well as short-term rental
platforms. . . . Any regulation mandating fee display and disclosure
must be consistently applied to all

[[Page H3707]]

accommodation providers, advertisers, and broader industry participants
to ensure consumers see the same information, in a consistent manner,
anywhere they shop.''
Airbnb weighs in and says that they agree: ``We believe giving guests
the ability to see a fee-inclusive price when they search makes for a
better experience, and that's why we are proud to support the No Hidden
FEES Act to create a national industrywide standard for price
transparency at a time when affordability is top of mind for
consumers.''
I also thank my Energy and Commerce colleagues for passing this
bipartisan bill out of the committee in a unanimous fashion and urge
the House to also pass this unanimously. Let's get this relief to
consumers so that, when they shop for their vacation, they understand
exactly what they are getting.
Mr. BILIRAKIS. Mr. Speaker, I have no further speakers, and I reserve
the balance of my time.
Mr. PALLONE. Mr. Speaker, in closing, I urge all my colleagues to
support this bipartisan bill. It is important that we get at junk fees,
and this is one of those bills that comes out of our committee that
will accomplish that goal.
Mr. Speaker, I yield back the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, in closing, I thank the chairman of the
full committee and the ranking member of the full committee and, of
course, the ranking member of the subcommittee, which I chair. This is
a great commonsense bill. It is all about transparency. I encourage
final passage, and let's get it to the Senate as soon as possible.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Bilirakis) that the House suspend the rules
and pass the bill, H.R. 6543.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BILIRAKIS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.

____________________