[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2498 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2498

To prohibit unfair and deceptive advertising of prices for hotel rooms 
    and other places of short-term lodging, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2023

  Ms. Klobuchar (for herself and Mr. Moran) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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 ``Hotel Fees Transparency Act of 
2023''.

SEC. 2. PROHIBITION ON UNFAIR AND DECEPTIVE ADVERTISING OF HOTEL ROOMS 
              AND OTHER SHORT-TERM LODGING PRICES.

    (a) Prohibition.--
            (1) In general.--No covered person may advertise, display, 
        market, or offer in interstate commerce, including through 
        direct offerings, third-party distribution, or metasearch 
        referrals, a price for a place of short-term lodging that does 
        not include all required fees (excluding any taxes or fees 
        imposed by a government or quasi-government entity and 
        assessment fees of a government-created special district or 
        program).
            (2) Individual components.--Nothing in this Act shall be 
        construed to prohibit the display of--
                    (A) individual components of the total price; or
                    (B) details of taxes or other items not required by 
                paragraph (1).
    (b) Enforcement.--
            (1) Enforcement by the commission.--
                    (A) Unfair or deceptive acts or practices.--A 
                violation of subsection (a) shall be treated as a 
                violation of a rule defining an unfair or deceptive act 
                or practice prescribed under section 18(a)(1)(B) of the 
                Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
                    (B) Powers of the commission.--
                            (i) In general.--The Commission shall 
                        enforce this section 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.
                            (ii) Privileges and immunities.--Any person 
                        who violates this section shall be subject to 
                        the penalties and entitled to the privileges 
                        and immunities provided in the Federal Trade 
                        Commission Act (15 U.S.C. 41 et seq.).
                            (iii) Authority preserved.--Nothing in this 
                        section shall be construed to limit the 
                        authority of the Commission under any other 
                        provision of law.
            (2) Enforcement by states.--
                    (A) In general.--If the attorney general 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 
                subsection (a), the attorney general of the State may, 
                as parens patriae, 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.
                    (B) Rights of the commission.--
                            (i) Notice to the commission.--
                                    (I) In general.--Except as provided 
                                in subclause (III), the attorney 
                                general of a State, before initiating a 
                                civil action under subparagraph (A) 
                                shall notify the Commission in writing 
                                that the attorney general intends to 
                                bring such civil action.
                                    (II) Contents.--The notification 
                                required by subclause (I) shall include 
                                a copy of the complaint to be filed to 
                                initiate the civil action.
                                    (III) Exception.--If it is not 
                                feasible for the attorney general of a 
                                State to provide the notification 
                                required by subclause (I) before 
                                initiating a civil action under 
                                subparagraph (A), the attorney general 
                                shall notify the Commission immediately 
                                upon instituting the civil action.
                            (ii) Intervention by the commission.--The 
                        Commission may--
                                    (I) intervene in any civil action 
                                brought by the attorney general of a 
                                State under subparagraph (A); and
                                    (II) upon intervening--
                                            (aa) be heard on all 
                                        matters arising in the civil 
                                        action; and
                                            (bb) file petitions for 
                                        appeal of a decision in the 
                                        civil action.
                    (C) Investigatory powers.--Nothing in this 
                paragraph may be construed to prevent the attorney 
                general of a State from exercising the powers conferred 
                on the attorney general 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.
                    (D) Coordination with the commission.--If the 
                Commission institutes a civil action or an 
                administrative action with respect to a violation of 
                subsection (a), the attorney general of a State shall 
                coordinate with the Commission before bringing a civil 
                action under subparagraph (A) against any defendant 
                named in the complaint of the Commission for the 
                violation with respect to which the Commission 
                instituted such action.
                    (E) Venue; service of process.--
                            (i) Venue.--Any action brought under 
                        subparagraph (A) may be brought in--
                                    (I) the district court of the 
                                United States that meets applicable 
                                requirements relating to venue under 
                                section 1391 of title 28, United States 
                                Code; or
                                    (II) another court of competent 
                                jurisdiction.
                            (ii) Service of process.--In an action 
                        brought under subparagraph (A), process may be 
                        served in any district in which--
                                    (I) the defendant is an inhabitant, 
                                may be found, or transacts business; or
                                    (II) venue is proper under section 
                                1391 of title 28, United States Code.
                    (F) Actions by other state officials.--
                            (i) In general.--In addition to civil 
                        actions brought by an attorney general under 
                        subparagraph (A), any other officer of a State 
                        who is authorized by the State to do so may 
                        bring a civil action under subparagraph (A), 
                        subject to the same requirements and 
                        limitations that apply under this paragraph to 
                        civil actions brought by attorneys general.
                            (ii) Savings provision.--Nothing in this 
                        paragraph may be construed to prohibit an 
                        authorized official of a State from initiating 
                        or continuing any proceeding in a court of the 
                        State for a violation of any civil or criminal 
                        law of the State.
    (c) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Covered person.--The term ``covered person'' means a 
        person with respect to whom the Commission has jurisdiction 
        under section 5(a)(2) of the Federal Trade Commission Act (15 
        U.S.C. 45(a)(2)), including a place of short-term lodging, an 
        online travel agency, a metasearch website, or any other person 
        determined appropriate by the Commission.
            (3) 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.
            (4) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and any territory or possession of 
        the United States.
    (d) Effective Date.--
            (1) In general.--Subject to paragraph (2), the prohibition 
        under subsection (a) shall take effect 450 days after the date 
        of the enactment of this Act.
            (2) Application to prior bookings.--The prohibition under 
        subsection (a) shall only apply to bookings for a place of 
        short-term lodging made on or after the effective date 
        described in paragraph (1).
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