[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6543 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 6543


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2024

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
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.

            Passed the House of Representatives June 11, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.