[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5252-S5253]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2983. Ms. KLOBUCHAR (for herself and Mr. Moran) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. PROHIBITION ON UNFAIR AND DECEPTIVE ADVERTISING OF 
                   HOTEL ROOMS AND OTHER SHORT-TERM RENTAL PRICES.

       (a) Prohibition.--
       (1) In general.--It shall be unlawful for a covered entity 
     to display, advertise, market, or offer in interstate 
     commerce, including through direct offerings, third-party 
     distribution, or metasearch referrals, a price for covered 
     services that does not clearly, conspicuously, and 
     prominently--
       (A) display the total services price, if a price is 
     displayed, in any advertisement, marketing, or price list 
     wherever the covered services are displayed, advertised, 
     marketed, or offered for sale;
       (B) disclose to any individual who seeks to purchase 
     covered services the total services price at the time the 
     covered services are first displayed to the individual and 
     anytime thereafter throughout the covered services purchasing 
     process; and
       (C) disclose, prior to the final purchase, any tax, fee, or 
     assessment imposed by any government entity, quasi-government 
     entity, or government-created special district or program on 
     the sale of covered services.
       (2) Individual components.--Provided that such displays are 
     less prominent than the total service price required in 
     paragraph (1), nothing in this section shall be construed to 
     prohibit the display of--
       (A) individual components of the total price; or
       (B) details of other items not required by paragraph (1).
       (3) Indemnification provisions.--Nothing in this section 
     shall be construed to prohibit any covered entity from 
     entering into a contract with any other covered entity that 
     contains an indemnification provision with respect to price 
     or fee information disclosed, exchanged, or shared between 
     the covered entities that are parties to the contract.
       (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.
       (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.

[[Page S5253]]

       (D) Action by the commission.--Whenever a civil action has 
     been instituted by or on behalf of the Commission for 
     violation of subsection (a), no attorney general of a State 
     may, during the pendency of that action, institute an action 
     under subparagraph (A) against any defendant named in the 
     complaint in that action for a violation of subsection (a) 
     alleged in such complaint.
       (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.
       (3) Rebuttable presumption of compliance.--In any action 
     pursuant to paragraph (1) or (2), an intermediary or third-
     party online seller shall be entitled to a rebuttable 
     presumption of compliance with the price display requirements 
     of subsection (a)(1), if such intermediary or third-party 
     online seller--
       (A) relied in good faith on information provided to the 
     intermediary or third-party online seller by a hotel or 
     short-term rental, or agent acting on behalf of such hotel or 
     short-term rental, and such information was inaccurate at the 
     time it was provided to the intermediary or third-party 
     online seller; and
       (B) took prompt action to remove or correct any false or 
     inaccurate information about the total services price after 
     receiving notice that such information was false or 
     inaccurate.
       (c) Preemption.--
       (1) 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 entity from advertising, displaying, marketing, or 
     otherwise offering, or otherwise affects the manner in which 
     a covered entity 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 covered service that 
     does not include each mandatory fee.
       (2) Rule of construction.--This section may not be 
     construed to--
       (A) preempt any law of a State or political subdivision of 
     a State relating to contracts or torts; or
       (B) 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.
       (d) Definitions.--In this section:
       (1) Base services price.--The term ``base services price'' 
     --
       (A) means, with respect to the covered services provided by 
     a hotel or short-term rental, the price in order to obtain 
     the covered services of the hotel or short-term rental; and
       (B) does not include--
       (i) any service fee;
       (ii) any taxes or fees imposed by a government or quasi-
     government entity;
       (iii) assessment fees of a government-created special 
     district or program; or
       (iv) any charges or fees for an optional product or service 
     associated with the covered services that may be selected by 
     a purchaser of covered services.
       (2) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (3) Covered entity.--The term ``covered entity'' means a 
     person, partnership, or corporation 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) a hotel or short-term rental;
       (B) a third-party online seller; or
       (C) an intermediary.
       (4) Covered services.--The term ``covered services'' means 
     the temporary provision of a room, building, or other lodging 
     facility.
       (5) Hotel.--The term ``hotel'' means an establishment that 
     is--
       (A) primarily engaged in providing a covered service to the 
     general public; and
       (B) promoted, advertised, or marketed in interstate 
     commerce or for which such establishment's services are sold 
     in interstate commerce.
       (6) Intermediary.--The term ``intermediary'' means an 
     entity that operates either as a business-to-business 
     platform, consumer-facing platform, or both, that displays, 
     including through direct offerings, third-party distribution, 
     or metasearch referral, a price for covered services or price 
     comparison tools for consumers seeking covered services.
       (7) Optional product or service.--The term ``optional 
     product or service'' means a product or service that an 
     individual does not need to purchase to use or obtain covered 
     services
       (8) Service fee.--The term ``service fee''--
       (A) means a charge imposed by a covered entity that must be 
     paid in order to obtain covered services; and
       (B) does not include--
       (i) any taxes or fees imposed by a government or quasi-
     government entity;
       (ii) any assessment fees of a government-created special 
     district or program; or
       (iii) any charges or fees for an optional product or 
     service associated with the covered services that may be 
     selected by a purchaser of covered services.
       (9) Short-term rental.--The term ``short-term rental'' 
     means a property, including a single-family dwelling or a 
     unit in a condominium, cooperative, or time-share, that 
     provides covered services (either with respect to the entire 
     property or a part of the property) to the general public--
       (A) in exchange for a fee;
       (B) for periods shorter than 30 consecutive days; and
       (C) is promoted, advertised, or marketed in interstate 
     commerce or for which such property's services are sold in 
     interstate commerce.
       (10) State.--The term ``State'' means each of the 50 
     States, the District of Columbia, and any territory or 
     possession of the United States.
       (11) Third-party online seller.--The term ``third-party 
     online seller'' means any person other than a hotel or short-
     term rental that sells covered services or offers for sale 
     covered services with respect to a hotel or short-term rental 
     in a transaction facilitated on the internet.
       (12) Total services price.--The term ``total services''--
       (A) means, with respect to covered services, the total cost 
     of the covered services, including the base services price 
     and any service fees; and
       (B) does not include--
       (i) any taxes or fees imposed by a government or quasi-
     government entity;
       (ii) any assessment fees of a government-created special 
     district or program; or
       (iii) any charges or fees for an optional product or 
     service associated with the covered services that may be 
     selected by a purchaser of covered services.
       (e) Effective Date.--The prohibition under subsection (a) 
     shall take effect 450 days after the date of the enactment of 
     this Act and shall apply to advertisements, displays, 
     marketing, and offers of covered services of a covered entity 
     made on or after such date.
                                 ______