[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.
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