IB 
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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Hidden Fees on 
Extra Expenses for Stays Act of 2023’’ or the ‘‘No Hid-
den FEES Act of 2023’’. 
SEC. 2. PROHIBITION ON UNFAIR AND DECEPTIVE ADVER-
TISING OF HOTEL ROOM AND OTHER SHORT- 
TERM LODGING PRICES. 
(a) IN GENERAL.—A covered provider may not ad-
vertise, 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 place of short-term lodging that does 
not include each mandatory fee. 
(b) EXCLUSION.—Subsection (a) does not prohibit a 
covered provider from displaying any individual compo-
nent, including any fee or tax, that is part of the total 
price, if such total price is clearly and conspicuously dis-
closed to the consumer. 
SEC. 3. ENFORCEMENT. 
(a) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of section 2(a) shall be treated 
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as a violation of a regulation under section 
18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep-
tive acts or practices. 
(2) POWERS
OF
COMMISSION.—The Commis-
sion shall enforce section 2(a) 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. Any covered provider who 
violates section 2(a) shall be subject to the penalties 
and entitled to the privileges and immunities pro-
vided in the Federal Trade Commission Act. 
(3) AUTHORITY PRESERVED.—Nothing in this 
Act may be construed to limit the authority of the 
Commission under any other provision of law. 
(b) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—If the attorney general of a 
State, or an official or agency 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 section 2(a), the 
State may bring a civil action on behalf of the resi-
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dents of the State in an appropriate district court of 
the United States to obtain appropriate relief. 
(2) RIGHTS OF COMMISSION.— 
(A) NOTICE TO COMMISSION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), an attorney general, official, 
or agency of a State, before initiating a 
civil action under paragraph (1), shall pro-
vide written notification to the Commission 
that the attorney general, official, or agen-
cy intends to bring such civil action. 
(ii) CONTENTS.—The notification re-
quired under clause (i) shall include a copy 
of the complaint to be filed to initiate the 
civil action. 
(iii) EXCEPTION.—If it is not feasible 
for an attorney general, official, or agency 
of a State to provide the notification re-
quired under clause (i) before initiating a 
civil action under paragraph (1), the attor-
ney general, official, or agency shall notify 
the Commission immediately upon insti-
tuting the civil action. 
(B) INTERVENTION BY COMMISSION.—The 
Commission may— 
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(i) intervene in any civil action 
brought by an attorney general, official, or 
agency of a State under paragraph (1); 
and 
(ii) upon intervening— 
(I) be heard on all matters aris-
ing in the civil action; and 
(II) appeal a decision in the civil 
action. 
(C) LIMITATION ON STATE ACTION WHILE 
FEDERAL ACTION IS PENDING.—If the Commis-
sion or the Attorney General of the United 
States has instituted a civil action for violation 
of section 2(a) (referred to in this subparagraph 
as the ‘‘Federal action’’), no State attorney 
general, official, or agency may bring an action 
under paragraph (1) during the pendency of the 
Federal action against any defendant named in 
the complaint in the Federal action for any vio-
lation of such section alleged in such complaint. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to prevent an attorney 
general, official, or agency of a State from exercising 
the powers conferred on the attorney general, offi-
cial, or agency by the laws of the State to conduct 
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investigations, to administer oaths or affirmations, 
or to compel the attendance of witnesses or the pro-
duction of documentary or other evidence. 
SEC. 4. ONE NATIONAL STANDARD. 
(a) IN GENERAL.—A State, or political subdivision 
of a State, may not maintain, enforce, prescribe, or con-
tinue 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 provider from advertising, dis-
playing, marketing, or otherwise offering, or otherwise af-
fects the manner in which a covered provider may adver-
tise, display, market, or otherwise offer, for sale in inter-
state commerce, including through a direct offering, third- 
party distribution, or metasearch referral, a price of a res-
ervation for a place of short-term lodging that does not 
include each mandatory fee. 
(b) RULE OF CONSTRUCTION.—This section may not 
be construed to— 
(1) preempt any law of a State or political sub-
division of a State relating to contracts or torts; or 
(2) preempt any law of a State or political sub-
division of a State to the extent that such law re-
lates to an act of fraud, unauthorized access to per-
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sonal information, or notification of unauthorized ac-
cess to personal information. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) CORPORATE, GOVERNMENT, OR
INSTITU-
TIONAL
TRAVEL
MANAGEMENT
PROGRAM.—The 
term ‘‘corporate, government, or institutional travel 
management program’’ means— 
(A) a program used by a company, govern-
ment entity, or not-for-profit institution for the 
travel of the officers, directors, or employees of 
such company, government entity, or not-for- 
profit institution; or 
(B) a program purchased by a company, 
government entity, or not-for-profit institution 
and used for the travel of the officers, directors, 
or employees of such company, government en-
tity, or not-for-profit institution. 
(3) COVERED PROVIDER.— 
(A) IN GENERAL.—The term ‘‘covered pro-
vider’’ means a provider of a place of short- 
term lodging, a provider of an internet website 
or other centralized platform, or any other enti-
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ty who advertises, displays, markets, or other-
wise offers a price of a reservation for a place 
of short-term lodging. 
(B) EXCLUSION.—The term ‘‘covered pro-
vider’’ does not include any entity who adver-
tises, displays, markets, or otherwise offers a 
price of a reservation for a place of short-term 
lodging for purchase pursuant to a corporate, 
government, or institutional travel management 
program. 
(4) MANDATORY FEE.—The term ‘‘mandatory 
fee’’— 
(A) means each mandatory fee required to 
complete the booking or stay that is assessed by 
the covered provider and paid directly by the 
consumer; and 
(B) does not include any tax or fee im-
posed on the consumer by a governmental or 
quasi-governmental entity or assessment fees of 
a government-created special district or pro-
gram. 
(5) PLACE
OF
SHORT-TERM
LODGING.—The 
term ‘‘place of short-term lodging’’ means a hotel, 
motel, inn, short-term rental, or other place of lodg-
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ing that advertises at a price that is a nightly, hour-
ly, or weekly rate. 
(6) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, and 
each territory or possession of the United States. 
SEC. 6. APPLICATION TO PRIOR BOOKINGS. 
Section 2(a) shall apply only to a reservation for a 
place of short-term lodging made on or after the effective 
date of this Act. 
SEC. 7. EFFECTIVE DATE. 
This Act shall take effect on the date that is 1 year 
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 
prices for hotel rooms and other places of short- 
term lodging, and for other purposes. 
MAY 10, 2024 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
00:28 May 11, 2024
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