[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6318 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 6318
To prohibit price gouging with respect to goods subject to a tariff,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 28, 2025
Ms. DeLauro (for herself, Ms. Craig, Ms. Ocasio-Cortez, Mr. McGovern,
Mr. Nadler, Ms. Velazquez, Ms. Schakowsky, and Ms. Norton) introduced
the following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Ways and Means, and
Education and Workforce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit price gouging with respect to goods subject to a tariff,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Gratuitous Overcharging for
Ubiquitous Global Exports Act'' or the ``No GOUGE Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Component.--The term ``component'' means a good that is
offered for sale to consumers through incorporation into a
final good.
(3) Final good.--The term ``final good'' means a good that
does not require any further assembly to be ready for sale to
consumers.
(4) Good.--The term ``good'' means any good offered for
sale in commerce.
(5) Planned tariff.--The term ``planned tariff'' means a
tariff, including a tariff rate change, that is intended to be
imposed, as demonstrated by a written or spoken statement by
the President, the United States Trade Representative, the
Secretary of Commerce, or another senior Federal official
determined appropriate by the Commission, including by means of
a press release, a comment at a press conference, meeting, or
public event, or any other public communication.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.
(7) Tariffed good.--The term ``tariffed good'' means the
following:
(A) A final good that is subject to a tariff,
including a tariff rate change, that entered into force
on or after January 20, 2025.
(B) A good that is assembled, in whole or in part,
in the United States and that has a component that is
subject to a tariff, including a tariff rate change,
that entered into force on or after January 20, 2025.
(C) A component that is subject to a tariff,
including a tariff rate change, that entered into force
on or after January 20, 2025.
(D) A final good, a good assembled in the United
States, or a component with respect to which there is a
planned tariff.
(8) Tariff-related shock date.--The term ``tariff-related
shock date'' means any date with respect to which--
(A) tariffs or planned tariffs, including tariff
rate changes, with respect to at least 5 tariff lines
entered into force or were demonstrated by a written or
spoken statement, as the case may be, during the 30-day
period preceding such date (without regard to the
number of trading partners involved); or
(B) a tariff rate change, including a planned
tariff to the extent such planned tariff relates to a
tariff rate change, that increases by more than 25
percentage points an existing tariff rate entered into
force or was demonstrated by a written or spoken
statement, as the case may be, during the 30-day period
preceding such date.
(9) Ultimate parent entity.--The term ``ultimate parent
entity'' has the meaning given such term in section 801.1 of
title 16, Code of Federal Regulations (or any successor
regulation).
SEC. 3. PRICE GOUGING PROHIBITED.
(a) Prohibition.--
(1) In general.--No person, without regard to the position
of such person in a supply chain or distribution network, may
sell or offer for sale in the United States a tariffed good at
an unreasonably high price during the 5-year period that
follows the date on which any tariff or planned tariff
applicable to such tariffed good entered into force or was
demonstrated by a written or spoken statement, as the case may
be.
(2) Unreasonably high price.--
(A) In general.--For purposes of this section, a
person is selling or offering for sale a tariffed good
at an unreasonably high price if such person--
(i) has raised the price of a tariffed good
that is a final good by more than the amount of
the costs directly generated--
(I) by the imposition of a tariff
with respect to such good; or
(II) by--
(aa) the imposition of a
tariff with respect to such
good; and
(bb) additional costs (not
including costs relating to
increased executive
compensation or share
repurchase programs) incurred
by such person in providing
such good that demonstrate a
tariff was not used by such
person as a pretext for a price
increase;
(ii) has raised the price of a tariffed
good that is a good assembled, in whole or in
part, in the United States and with respect to
which a tariff applies to a component of such
good by more than the amount of the costs
directly generated--
(I) by the imposition of a tariff
with respect to such component; or
(II) by--
(aa) the imposition of a
tariff with respect to such
component; and
(bb) additional costs (not
including costs relating to
increased executive
compensation or share
repurchase programs) incurred
by such person in providing
such good that demonstrate a
tariff was not used by such
person as a pretext for a price
increase; or
(iii) has raised the price of a tariffed
good that is a component by more than the
amount of the costs directly generated--
(I) by the imposition of a tariff
with respect to such component; or
(II) by--
(aa) the imposition of a
tariff with respect to such
component; and
(bb) additional costs (not
including costs relating to
increased executive
compensation or share
repurchase programs) incurred
by such person in providing
such good that demonstrate a
tariff was not used by such
person as a pretext for a price
increase.
(B) Planned tariffs.--With respect to a tariffed
good described in section 2(7)(D), no costs may be
determined to be directly generated by the imposition
of a tariff with respect to such good before the date
on which a tariff enters into force with respect to
such good.
(C) Baseline price determinations.--For purposes of
this paragraph, the price of a tariffed good prior to
the date on which any tariff or planned tariff
applicable to such tariffed good entered into force or
was demonstrated by a written or spoken statement, as
the case may be, shall be determined by reference to
the average price of such good during the 180-day
period preceding such date.
(b) Exemption.--
(1) In general.--Subsection (a) does not apply to the sale,
or offering for sale, of a good by a person if the ultimate
parent entity with respect to such person earned less than
$100,000,000 in gross revenue from goods sold in the United
States during the 12-month period preceding such sale or offer.
(2) Inflation adjustment.--In January of the first year
beginning after the date of the enactment of this Act, and
annually thereafter, the Commission shall adjust the amount
specified in paragraph (1) by the percentage change in the
consumer price index for all urban consumers published by the
Bureau of Labor Statistics with respect to the 12-month period
preceding the date of such adjustment.
(c) Presumption of Violation.--
(1) In general.--With respect to any tariff-related shock
date, a person shall be presumed to be in violation of
subsection (a) if a preponderance of the evidence
demonstrates--
(A) such person has unfair leverage (as described
in paragraph (3)); and
(B) such person sold or offered for sale on such
date a tariffed good at a price that was greater than
the average price of such good during the 180-day
period preceding the date on which the most recent
tariff or planned tariff applicable to such good
entered into force or was demonstrated by a written or
spoken statement, as the case may be.
(2) Rebuttal.--A person may rebut a presumption under
paragraph (1) if such person demonstrates by clear and
convincing evidence that the relevant increase in the price of
a tariffed good is attributable, in full, to costs directly
generated--
(A) by the imposition of a tariff with respect to
such tariffed good; or
(B) by--
(i) the imposition of a tariff with respect
to such tariffed good; and
(ii) additional costs (not including costs
relating to increased executive compensation or
share repurchase programs) incurred by such
person in providing such tariffed good that
demonstrate that such tariff was not used by
such person as a pretext for such increase.
(3) Unfair leverage.--
(A) Characteristics.--For purposes of this
subsection, a person has unfair leverage if such person
or the ultimate parent entity of such person--
(i) earned at least $1,000,000,000 in gross
revenue from goods sold in the United States
during the 12-month period preceding the
relevant sale or offer; or
(ii) satisfies another characteristic set
forth in a regulation promulgated by the
Commission with respect to determining unfair
leverage.
(B) Inflation adjustment.--In January of the first
year beginning after the date of the enactment of this
Act, and annually thereafter, the Commission shall
adjust the amount specified in subparagraph (A)(i) by
the percentage change in the consumer price index for
all urban consumers published by the Bureau of Labor
Statistics with respect to the 12-month period
preceding the date of such adjustment.
(C) Considerations.--In promulgating regulations
under subparagraph (A)(ii), the Commission shall
consider the capacity of a person to do the following:
(i) Absorb, in whole or in part, costs
directly generated by a tariff.
(ii) Increase production, in the United
States, of a good that is identical or
substantially similar to a tariffed good.
(d) Regulations.--
(1) In general.--The Commission may promulgate, in
accordance with section 553 of title 5, United States Code,
such regulations as may be necessary to carry out this section.
(2) Interagency consultation.--The Commission, in
promulgating regulations under this subsection, shall consult
with the United States Trade Representative, the United States
International Trade Commission, U.S. Customs and Border
Protection, and the Bureau of Labor Statistics.
(e) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this section or a regulation promulgated under this section
shall be treated 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 deceptive acts or practices.
(2) Powers of commission.--The Commission shall enforce
this section and the regulations promulgated under 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
section. Any person who violates this section or a regulation
promulgated under this section shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.
(3) Authority preserved.--Nothing in this section may be
construed to limit the authority of the Commission under any
other provision of law.
(f) Actions by States.--
(1) In general.--In any case in which 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 such State has
been or is threatened or adversely affected by an act or
practice in violation of this section or a regulation
promulgated under this section, the State, as parens patriae,
may bring a civil action on behalf of the residents of the
State in an appropriate State court or an appropriate district
court of the United States to--
(A) enjoin such act or practice;
(B) enforce compliance with this section or such
regulation;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the Commission a written notice of such action
and a copy of the complaint for such action. If the attorney
general, official, or agency determines that it is not feasible
to provide the notice described in this paragraph before the
filing of the action, the attorney general, official, or agency
shall provide written notice of the action and a copy of the
complaint to the Commission immediately upon the filing of the
action.
(3) Authority of commission.--On receiving notice under
paragraph (2) of an action under this subsection, the
Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters
arising therein; and
(C) to file petitions for appeal.
(4) Rules of construction.--
(A) Exercising of certain powers.--For purposes of
bringing a civil action under this subsection, nothing
in this Act may be construed to prevent an attorney
general, official, or agency of a State from exercising
the powers conferred on the attorney general, official,
or agency by the laws of such State to conduct
investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
(B) State proceedings.--Nothing in this subsection
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.
(g) Effect on Other Laws.--Nothing in this section may be construed
to preempt or otherwise affect any State or local law.
(h) Reporting by Consumers and Related Investigations.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commission shall establish a
mechanism for consumers to report to the Commission potential
violations of this section.
(2) Requirements.--The mechanism established under
paragraph (1) shall allow a consumer to report a potential
violation by a variety of means, including the following:
(A) A telephone number.
(B) A mailing address.
(C) A website.
(3) Consideration.--Not later than 180 days after the date
of the enactment of this Act, the Commission shall promulgate
regulations establishing, and providing a detailed description
of, the process by which the Commission shall consider reports
provided through the mechanism established under paragraph (1)
and, if applicable, open investigations into potential
violations of this section.
(4) Rule of construction.--Nothing in this subsection may
be construed to preclude the Commission from unilaterally
initiating an investigation of a potential violation of this
section.
SEC. 4. REPORTS.
(a) ITC and BLS Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the United
States International Trade Commission and the Bureau of Labor
Statistics shall jointly submit to Congress, and make available
to the public, a report on the prices of goods sold by any
company earning $1,000,000,000 or more in gross revenue during
the prior year, with a focus on identifying changes in the
prices of tariffed goods.
(2) Sufficiency of surveys.--
(A) In general.--Prior to submission of the first
report required under paragraph (1), the Bureau of
Labor Statistics shall identify whether the existing
surveys of the Bureau collect sufficiently granular
data with respect to pricing decisions and consumer
prices to effectively identify price increases for
tariffed goods.
(B) Development of new surveys.--If the Bureau of
Labor Statistics determines under subparagraph (A) that
the surveys of the Bureau are insufficient, the Bureau
shall develop and include in such surveys new questions
to collect the data necessary for the report required
under paragraph (1).
(b) FTC Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Commission shall
submit to Congress, and make available to the public, a report on the
enforcement activities of the Commission under this Act, which shall
include an assessment of the impact of the enforcement of this Act on
consumer prices, both for tariffed goods and all goods.
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