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Union Calendar No. 416 

118TH CONGRESS 

2D SESSION H. R. 6543 

[Report No. 118–500] 

To prohibit unfair and deceptive advertising of prices for hotel rooms and 

other places of short-term lodging, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2023 

Mrs. KIM of California (for herself and Ms. CASTOR of Florida) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce 

MAY 10, 2024 

Additional sponsors: Mrs. LESKO and Mr. GOTTHEIMER

MAY 10, 2024 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To prohibit unfair and deceptive advertising of prices for 

hotel rooms and other places of short-term lodging, and 

for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Extra Expenses for Stays Act of 2023’’ or the ‘‘No Hid6 den FEES Act of 2023’’. 

7 SEC. 2. PROHIBITION ON UNFAIR AND DECEPTIVE ADVER8 TISING OF HOTEL ROOM AND OTHER SHORT9 TERM LODGING PRICES. 

10 (a) IN GENERAL.—A covered provider may not ad11 vertise, display, market, or otherwise offer for sale in 

12 interstate commerce, including through a direct offering, 

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

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

15 not include each mandatory fee. 

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

17 covered provider from displaying any individual compo18 nent, including any fee or tax, that is part of the total 

19 price, if such total price is clearly and conspicuously dis20 closed to the consumer. 

21 SEC. 3. ENFORCEMENT. 

22 (a) ENFORCEMENT BY FEDERAL TRADE COMMIS23 SION.— 

24 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC25 TICES.—A violation of section 2(a) shall be treated 


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1 as a violation of a regulation under section 

2 18(a)(1)(B) of the Federal Trade Commission Act 

3 (15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep4 tive acts or practices. 

5 (2) POWERS OF COMMISSION.—The Commis6 sion shall enforce section 2(a) in the same manner, 

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

8 powers, and duties as though all applicable terms 

9 and provisions of the Federal Trade Commission Act 

10 (15 U.S.C. 41 et seq.) were incorporated into and 

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

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

13 and entitled to the privileges and immunities pro14 vided in the Federal Trade Commission Act. 

15 (3) AUTHORITY PRESERVED.—Nothing in this 

16 Act may be construed to limit the authority of the 

17 Commission under any other provision of law. 

18 (b) ENFORCEMENT BY STATES.— 

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

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

21 to believe that an interest of the residents of the 

22 State has been or is being threatened or adversely 

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

24 State may bring a civil action on behalf of the resiVerDate Sep 11 2014 00:28 May 11, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6543.RH H6543

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1 dents of the State in an appropriate district court of 

2 the United States to obtain appropriate relief. 

3 (2) RIGHTS OF COMMISSION.— 

4 (A) NOTICE TO COMMISSION.— 

5 (i) IN GENERAL.—Except as provided 

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

7 or agency of a State, before initiating a 

8 civil action under paragraph (1), shall pro9 vide written notification to the Commission 

10 that the attorney general, official, or agen11 cy intends to bring such civil action. 

12 (ii) CONTENTS.—The notification re13 quired under clause (i) shall include a copy 

14 of the complaint to be filed to initiate the 

15 civil action. 

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

17 for an attorney general, official, or agency 

18 of a State to provide the notification re19 quired under clause (i) before initiating a 

20 civil action under paragraph (1), the attor21 ney general, official, or agency shall notify 

22 the Commission immediately upon insti23 tuting the civil action. 

24 (B) INTERVENTION BY COMMISSION.—The 

25 Commission may— 


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1 (i) intervene in any civil action 

2 brought by an attorney general, official, or 

3 agency of a State under paragraph (1); 

4 and 

5 (ii) upon intervening— 

6 (I) be heard on all matters aris7 ing in the civil action; and 

8 (II) appeal a decision in the civil 

9 action. 

10 (C) LIMITATION ON STATE ACTION WHILE

11 FEDERAL ACTION IS PENDING.—If the Commis12 sion or the Attorney General of the United 

13 States has instituted a civil action for violation 

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

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

16 general, official, or agency may bring an action 

17 under paragraph (1) during the pendency of the 

18 Federal action against any defendant named in 

19 the complaint in the Federal action for any vio20 lation of such section alleged in such complaint. 

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

22 subsection may be construed to prevent an attorney 

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

24 the powers conferred on the attorney general, offi25 cial, or agency by the laws of the State to conduct 


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1 investigations, to administer oaths or affirmations, 

2 or to compel the attendance of witnesses or the pro3 duction of documentary or other evidence. 

4 SEC. 4. ONE NATIONAL STANDARD. 

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

6 of a State, may not maintain, enforce, prescribe, or con7 tinue in effect any law, rule, regulation, requirement, 

8 standard, or other provision having the force and effect 

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

10 that prohibits a covered provider from advertising, dis11 playing, marketing, or otherwise offering, or otherwise af12 fects the manner in which a covered provider may adver13 tise, display, market, or otherwise offer, for sale in inter14 state commerce, including through a direct offering, third15 party distribution, or metasearch referral, a price of a res16 ervation for a place of short-term lodging that does not 

17 include each mandatory fee. 

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

19 be construed to— 

20 (1) preempt any law of a State or political sub21 division of a State relating to contracts or torts; or 

22 (2) preempt any law of a State or political sub23 division of a State to the extent that such law re24 lates to an act of fraud, unauthorized access to perVerDate Sep 11 2014 00:28 May 11, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6543.RH H6543

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1 sonal information, or notification of unauthorized ac2 cess to personal information. 

3 SEC. 5. DEFINITIONS. 

4 In this Act: 

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

6 means the Federal Trade Commission. 

7 (2) CORPORATE, GOVERNMENT, OR INSTITU8 TIONAL TRAVEL MANAGEMENT PROGRAM.—The 

9 term ‘‘corporate, government, or institutional travel 

10 management program’’ means— 

11 (A) a program used by a company, govern12 ment entity, or not-for-profit institution for the 

13 travel of the officers, directors, or employees of 

14 such company, government entity, or not-for15 profit institution; or 

16 (B) a program purchased by a company, 

17 government entity, or not-for-profit institution 

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

19 or employees of such company, government en20 tity, or not-for-profit institution. 

21 (3) COVERED PROVIDER.— 

22 (A) IN GENERAL.—The term ‘‘covered pro23 vider’’ means a provider of a place of short24 term lodging, a provider of an internet website 

25 or other centralized platform, or any other entiVerDate Sep 11 2014 00:28 May 11, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6543.RH H6543

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1 ty who advertises, displays, markets, or other2 wise offers a price of a reservation for a place 

3 of short-term lodging. 

4 (B) EXCLUSION.—The term ‘‘covered pro5 vider’’ does not include any entity who adver6 tises, displays, markets, or otherwise offers a 

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

8 lodging for purchase pursuant to a corporate, 

9 government, or institutional travel management 

10 program. 

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

12 fee’’— 

13 (A) means each mandatory fee required to 

14 complete the booking or stay that is assessed by 

15 the covered provider and paid directly by the 

16 consumer; and 

17 (B) does not include any tax or fee im18 posed on the consumer by a governmental or 

19 quasi-governmental entity or assessment fees of 

20 a government-created special district or pro21 gram. 

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

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

24 motel, inn, short-term rental, or other place of lodgVerDate Sep 11 2014 00:28 May 11, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6543.RH H6543

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1 ing that advertises at a price that is a nightly, hour2 ly, or weekly rate. 

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

4 the several States, the District of Columbia, and 

5 each territory or possession of the United States. 

6 SEC. 6. APPLICATION TO PRIOR BOOKINGS. 

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

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

9 date of this Act. 

10 SEC. 7. EFFECTIVE DATE. 

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

12 after the date of the enactment of this Act. 


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Union Calendar No. 416 

118TH CONGRESS 

2D SESSION H. R. 6543 

[Report No. 118–500] 

A BILL 

To prohibit unfair and deceptive advertising of 

term lodging, and for other purposes. prices for hotel rooms and other places of shortMAY 10, 2024 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


ssavage on LAPJG3WLY3PROD with BILLS