IIB 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


ssavage on LAPJG3WLY3PROD with BILLS
2 

HR 6543 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘No Hidden Fees on 

3 Extra Expenses for Stays Act of 2023’’ or the ‘‘No Hid4 den FEES Act of 2023’’. 

5 SEC. 2. PROHIBITION ON UNFAIR AND DECEPTIVE ADVER6 TISING OF HOTEL ROOM AND OTHER SHORT7 TERM LODGING PRICES. 

8 (a) IN GENERAL.—A covered provider may not ad9 vertise, display, market, or otherwise offer for sale in 

10 interstate commerce, including through a direct offering, 

11 third-party distribution, or metasearch referral, a price of 

12 a reservation for a place of short-term lodging that does 

13 not include each mandatory fee. 

14 (b) EXCLUSION.—Subsection (a) does not prohibit a 

15 covered provider from displaying any individual compo16 nent, including any fee or tax, that is part of the total 

17 price, if such total price is clearly and conspicuously dis18 closed to the consumer. 

19 SEC. 3. ENFORCEMENT. 

20 (a) ENFORCEMENT BY FEDERAL TRADE COMMIS21 SION.— 

22 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC23 TICES.—A violation of section 2(a) shall be treated 

24 as a violation of a regulation under section 

25 18(a)(1)(B) of the Federal Trade Commission Act 


ssavage on LAPJG3WLY3PROD with BILLS
3 

HR 6543 RFS

1 (15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep2 tive acts or practices. 

3 (2) POWERS OF COMMISSION.—The Commis4 sion shall enforce section 2(a) in the same manner, 

5 by the same means, and with the same jurisdiction, 

6 powers, and duties as though all applicable terms 

7 and provisions of the Federal Trade Commission Act 

8 (15 U.S.C. 41 et seq.) were incorporated into and 

9 made a part of this Act. Any covered provider who 

10 violates section 2(a) shall be subject to the penalties 

11 and entitled to the privileges and immunities pro12 vided in the Federal Trade Commission Act. 

13 (3) AUTHORITY PRESERVED.—Nothing in this 

14 Act may be construed to limit the authority of the 

15 Commission under any other provision of law. 

16 (b) ENFORCEMENT BY STATES.— 

17 (1) IN GENERAL.—If the attorney general of a 

18 State, or an official or agency of a State, has reason 

19 to believe that an interest of the residents of the 

20 State has been or is being threatened or adversely 

21 affected by a practice that violates section 2(a), the 

22 State may bring a civil action on behalf of the resi23 dents of the State in an appropriate district court of 

24 the United States to obtain appropriate relief. 

25 (2) RIGHTS OF COMMISSION.— 


ssavage on LAPJG3WLY3PROD with BILLS
4 

HR 6543 RFS

1 (A) NOTICE TO COMMISSION.— 

2 (i) IN GENERAL.—Except as provided 

3 in clause (iii), an attorney general, official, 

4 or agency of a State, before initiating a 

5 civil action under paragraph (1), shall pro6 vide written notification to the Commission 

7 that the attorney general, official, or agen8 cy intends to bring such civil action. 

9 (ii) CONTENTS.—The notification re10 quired under clause (i) shall include a copy 

11 of the complaint to be filed to initiate the 

12 civil action. 

13 (iii) EXCEPTION.—If it is not feasible 

14 for an attorney general, official, or agency 

15 of a State to provide the notification re16 quired under clause (i) before initiating a 

17 civil action under paragraph (1), the attor18 ney general, official, or agency shall notify 

19 the Commission immediately upon insti20 tuting the civil action. 

21 (B) INTERVENTION BY COMMISSION.—The 

22 Commission may— 

23 (i) intervene in any civil action 

24 brought by an attorney general, official, or 


ssavage on LAPJG3WLY3PROD with BILLS
5 

HR 6543 RFS

1 agency of a State under paragraph (1); 

2 and 

3 (ii) upon intervening— 

4 (I) be heard on all matters aris5 ing in the civil action; and 

6 (II) appeal a decision in the civil 

7 action. 

8 (C) LIMITATION ON STATE ACTION WHILE

9 FEDERAL ACTION IS PENDING.—If the Commis10 sion or the Attorney General of the United 

11 States has instituted a civil action for violation 

12 of section 2(a) (referred to in this subparagraph 

13 as the ‘‘Federal action’’), no State attorney 

14 general, official, or agency may bring an action 

15 under paragraph (1) during the pendency of the 

16 Federal action against any defendant named in 

17 the complaint in the Federal action for any vio18 lation of such section alleged in such complaint. 

19 (3) RULE OF CONSTRUCTION.—Nothing in this 

20 subsection may be construed to prevent an attorney 

21 general, official, or agency of a State from exercising 

22 the powers conferred on the attorney general, offi23 cial, or agency by the laws of the State to conduct 

24 investigations, to administer oaths or affirmations, 


ssavage on LAPJG3WLY3PROD with BILLS
6 

HR 6543 RFS

1 or to compel the attendance of witnesses or the pro2 duction of documentary or other evidence. 

3 SEC. 4. ONE NATIONAL STANDARD. 

4 (a) IN GENERAL.—A State, or political subdivision 

5 of a State, may not maintain, enforce, prescribe, or con6 tinue in effect any law, rule, regulation, requirement, 

7 standard, or other provision having the force and effect 

8 of law of the State, or political subdivision of the State, 

9 that prohibits a covered provider from advertising, dis10 playing, marketing, or otherwise offering, or otherwise af11 fects the manner in which a covered provider may adver12 tise, display, market, or otherwise offer, for sale in inter13 state commerce, including through a direct offering, third14 party distribution, or metasearch referral, a price of a res15 ervation for a place of short-term lodging that does not 

16 include each mandatory fee. 

17 (b) RULE OF CONSTRUCTION.—This section may not 

18 be construed to— 

19 (1) preempt any law of a State or political sub20 division of a State relating to contracts or torts; or 

21 (2) preempt any law of a State or political sub22 division of a State to the extent that such law re23 lates to an act of fraud, unauthorized access to per24 sonal information, or notification of unauthorized ac25 cess to personal information. 


ssavage on LAPJG3WLY3PROD with BILLS
7 

HR 6543 RFS

1 SEC. 5. DEFINITIONS. 

2 In this Act: 

3 (1) COMMISSION.—The term ‘‘Commission’’ 

4 means the Federal Trade Commission. 

5 (2) CORPORATE, GOVERNMENT, OR INSTITU6 TIONAL TRAVEL MANAGEMENT PROGRAM.—The 

7 term ‘‘corporate, government, or institutional travel 

8 management program’’ means— 

9 (A) a program used by a company, govern10 ment entity, or not-for-profit institution for the 

11 travel of the officers, directors, or employees of 

12 such company, government entity, or not-for13 profit institution; or 

14 (B) a program purchased by a company, 

15 government entity, or not-for-profit institution 

16 and used for the travel of the officers, directors, 

17 or employees of such company, government en18 tity, or not-for-profit institution. 

19 (3) COVERED PROVIDER.— 

20 (A) IN GENERAL.—The term ‘‘covered pro21 vider’’ means a provider of a place of short22 term lodging, a provider of an internet website 

23 or other centralized platform, or any other enti24 ty who advertises, displays, markets, or other25 wise offers a price of a reservation for a place 

26 of short-term lodging. 


ssavage on LAPJG3WLY3PROD with BILLS
8 

HR 6543 RFS

1 (B) EXCLUSION.—The term ‘‘covered pro2 vider’’ does not include any entity who adver3 tises, displays, markets, or otherwise offers a 

4 price of a reservation for a place of short-term 

5 lodging for purchase pursuant to a corporate, 

6 government, or institutional travel management 

7 program. 

8 (4) MANDATORY FEE.—The term ‘‘mandatory 

9 fee’’— 

10 (A) means each mandatory fee required to 

11 complete the booking or stay that is assessed by 

12 the covered provider and paid directly by the 

13 consumer; and 

14 (B) does not include any tax or fee im15 posed on the consumer by a governmental or 

16 quasi-governmental entity or assessment fees of 

17 a government-created special district or pro18 gram. 

19 (5) PLACE OF SHORT-TERM LODGING.—The 

20 term ‘‘place of short-term lodging’’ means a hotel, 

21 motel, inn, short-term rental, or other place of lodg22 ing that advertises at a price that is a nightly, hour23 ly, or weekly rate. 


ssavage on LAPJG3WLY3PROD with BILLS
9 

HR 6543 RFS

1 (6) STATE.—The term ‘‘State’’ means each of 

2 the several States, the District of Columbia, and 

3 each territory or possession of the United States. 

4 SEC. 6. APPLICATION TO PRIOR BOOKINGS. 

5 Section 2(a) shall apply only to a reservation for a 

6 place of short-term lodging made on or after the effective 

7 date of this Act. 

8 SEC. 7. EFFECTIVE DATE. 

9 This Act shall take effect on the date that is 1 year 

10 after the date of the enactment of this Act. 

Passed the House of Representatives June 11, 2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


ssavage on LAPJG3WLY3PROD with BILLS