[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]


                  PANDEMIC PROFITEERS: LEGISLATION TO STOP 
                        CORPORATE PRICE GOUGING

=======================================================================

                             HYBRID HEARING

                               BEFORE THE

                    SUBCOMMITTEE ON CONSUMER PROTECTION AND 
                                COMMERCE

                                 OF THE

                    COMMITTEE ON ENERGY AND COMMERCE
                        HOUSE OF REPRESENTATIVES

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

                               __________

                            FEBRUARY 2, 2022

                               __________

                           Serial No. 117-64
                           
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]                           


     Published for the use of the Committee on Energy and Commerce

                   govinfo.gov/committee/house-energy
                        energycommerce.house.gov
                        
                                __________

                   U.S. GOVERNMENT PUBLISHING OFFICE                    
57-562 PDF                  WASHINGTON : 2025                  
          
-----------------------------------------------------------------------------------     
 
                    COMMITTEE ON ENERGY AND COMMERCE

                     FRANK PALLONE, Jr., New Jersey
                                 Chairman
BOBBY L. RUSH, Illinois              CATHY McMORRIS RODGERS, Washington
ANNA G. ESHOO, California              Ranking Member
DIANA DeGETTE, Colorado              FRED UPTON, Michigan
MIKE DOYLE, Pennsylvania             MICHAEL C. BURGESS, Texas
JAN SCHAKOWSKY, Illinois             STEVE SCALISE, Louisiana
G. K. BUTTERFIELD, North Carolina    ROBERT E. LATTA, Ohio
DORIS O. MATSUI, California          BRETT GUTHRIE, Kentucky
KATHY CASTOR, Florida                DAVID B. McKINLEY, West Virginia
JOHN P. SARBANES, Maryland           ADAM KINZINGER, Illinois
JERRY McNERNEY, California           H. MORGAN GRIFFITH, Virginia
PETER WELCH, Vermont                 GUS M. BILIRAKIS, Florida
PAUL TONKO, New York                 BILL JOHNSON, Ohio
YVETTE D. CLARKE, New York           BILLY LONG, Missouri
KURT SCHRADER, Oregon                LARRY BUCSHON, Indiana
TONY CARDENAS, California            MARKWAYNE MULLIN, Oklahoma
RAUL RUIZ, California                RICHARD HUDSON, North Carolina
SCOTT H. PETERS, California          TIM WALBERG, Michigan
DEBBIE DINGELL, Michigan             EARL L. ``BUDDY'' CARTER, Georgia
MARC A. VEASEY, Texas                JEFF DUNCAN, South Carolina
ANN M. KUSTER, New Hampshire         GARY J. PALMER, Alabama
ROBIN L. KELLY, Illinois, Vice       NEAL P. DUNN, Florida
    Chair                            JOHN R. CURTIS, Utah
NANETTE DIAZ BARRAGAN, California    DEBBIE LESKO, Arizona
A. DONALD McEACHIN, Virginia         GREG PENCE, Indiana
LISA BLUNT ROCHESTER, Delaware       DAN CRENSHAW, Texas
DARREN SOTO, Florida                 JOHN JOYCE, Pennsylvania
TOM O'HALLERAN, Arizona              KELLY ARMSTRONG, North Dakota
KATHLEEN M. RICE, New York
ANGIE CRAIG, Minnesota
KIM SCHRIER, Washington
LORI TRAHAN, Massachusetts
LIZZIE FLETCHER, Texas

                           Professional Staff

                   TIFFANY GUARASCIO, Staff Director
                 WAVERLY GORDON, Deputy Staff Director
                  NATE HODSON, Minority Staff Director
            Subcommittee on Consumer Protection and Commerce

                        JAN SCHAKOWSKY, Illinois
                                  Chair
BOBBY L. RUSH, Illinois              GUS M. BILIRAKIS, Florida
KATHY CASTOR, Florida                  Ranking Member
LORI TRAHAN, Massachusetts           FRED UPTON, Michigan
JERRY McNERNEY, California           ROBERT E. LATTA, Ohio
YVETTE D. CLARKE, New York           BRETT GUTHRIE, Kentucky
TONY CARDENAS, California, Vice      LARRY BUCSHON, Indiana
    Chair                            NEAL P. DUNN, Florida
DEBBIE DINGELL, Michigan             GREG PENCE, Indiana
ROBIN L. KELLY, Illinois             DEBBIE LESKO, Arizona
DARREN SOTO, Florida                 KELLY ARMSTRONG, North Dakota
KATHLEEN M. RICE, New York           CATHY McMORRIS RODGERS, Washington 
ANGIE CRAIG, Minnesota                   (ex officio)
LIZZIE FLETCHER, Texas
FRANK PALLONE, Jr., New Jersey (ex 
    officio)
                             C O N T E N T S

                              ----------                              
                                                                   Page
Hon. Jan Schakowsky, a Representative in Congress from the State 
  of Illinois, opening statement.................................     2
    Prepared statement...........................................     4
Hon. Gus Bilirakis, a Representative in Congress from the State 
  of Florida, opening statement..................................     6
    Prepared statement...........................................     8
Hon. Frank Pallone, a Representative in Congress from the State 
  of New Jersey, opening statement...............................    11
    Prepared statement...........................................    13
Hon. Cathy McMorris Rodgers, a Representative in Congress from 
  the State of Washington, opening statement.....................    19
    Prepared statement...........................................    21

                               Witnesses

Alex Harman, Competition Policy Advocate, Public Citizen.........    24
    Prepared statement...........................................    27
Sarah Frasch, Chief Deputy Attorney General and Director, Bureau 
  of Consumer Protection, Pennsylvania Office of the Attorney 
  General........................................................    34
    Prepared statement...........................................    36
Glenn Richey, Jr., Ph.D., Harbert Eminent Scholar and Chair, 
  Department of Supply Chain Management, Auburn University 
  Harbert College of Business....................................    41
    Prepared statement...........................................    43
Rakeen Mabud, Ph.D., Chief Economist and Managing Director of 
  Policy and Research and Groundwork Collaborative...............    48
    Prepared statement...........................................    50

                           Submitted Material

Letter of February 1, 2022, by Chuck Bell, Programs Director and 
  George P. Slover, Senior Policy Counsel, Consumer Reports, to 
  Ms. Schakowsky and Mr. Bilirakis, submitted by.................    96
Letter of February 2, 2022, from America Hospital Association, 
  submitted by Ms. Schakowsky....................................   100
Letter of February 2, 2022, by Doug Kantor, General Counsel, 
  National Association of Convenience Stores, to Ms. Schakowsky 
  and Mr. Bilirakis, submitted by Ms. Schakowsky.................   103
Tweet, Bob McNally, submitted by Mrs. Rodgers....................   108
Factsheet, Food Industry Association, submitted by Ms. Schakowsky   109
Article of December 2, 2022, ``Inflation causing financial strain 
  for nearly half of U.S. households, poll finds,'' by Taylor 
  Telford, Washington Post, submitted by Ms. Schakowsky..........   113
Letter of January 26, 2022, by Anne Reinke, President and CEO, 
  Transportation Intermediaries Association, to Mr. Mayorkas, 
  submitted by Ms. Schakowsky....................................   115
Letter of February 1, 2022, by David French, Senior Vice 
  President, Government Relations, National Retail Federation, to 
  Mr. Pallone, et al., submitted by Ms. Schakowsky...............   116
Letter of April 3, 2020, by Mr. Pallone, et al., FTC, to Mr. 
  Simons, submitted by Mrs. Rodgers..............................   120
Letter of February 2, 2022, by Neil L. Bradley, Executive Vice 
  President, Chief Policy Officer and Head of Strategic Advocacy, 
  U.S. Chamber of Commerce, submitted by Ms. Schakowsky..........   123
Statement of February 2, 2022, from Julie Anna Potts, President 
  and Chief Executive Officer, North American Meat Institute, 
  submitted by Ms. Schakowsky....................................   126

 
    PANDEMIC PROFITEERS: LEGISLATION TO STOP CORPORATE PRICE GOUGING

                              ----------                              


                      WEDNESDAY, FEBRUARY 2, 2022

                  House of Representatives,
  Subcommittee on Consumer Protection and Commerce,
                          Committee on Energy and Commerce,
                                                    Washington, DC.
    The subcommittee met, pursuant to call, at 10:30 a.m., in 
the John. D. Dingell Room 2123, of the Rayburn House Office 
Building, and remotely via Cisco Webex online video 
conferencing, Hon. Jan Schakowsky, (chairwoman of the 
subcommittee) presiding.
    Members present: Representatives Schakowsky, Rush, Castor, 
McNerney, Cardenas, Dingell, Kelly, Soto, Fletcher, Pallone (ex 
officio); Bilirakis (subcommittee ranking member), Upton, 
Latta, Guthrie, Bucshon, Dunn, Lesko, Pence, and Rodgers (ex 
officio).
    Also present: Representative Carter.
    Staff Present: Katherine Durkin, Policy Coordinator; Lisa 
Goldman, Senior Counsel; Waverly Gordon, Deputy Staff Director 
and General Counsel; Jessica Grandberry, Staff Assistant; 
Tiffany Guarascio, Staff Director; Perry Hamilton, Clerk; Ed 
Kaczmarski, Policy Analyst; Zach Kahan, Deputy Director 
Outreach and Member Service; Mackenzie Kuhl, Press Assistant; 
David Miller, Counsel; Elysa Montfort, Press Secretary; Kaitlyn 
Peel, Digital Director; Caroline Rinker, Press Assistant; Chloe 
Rodriguez, Clerk; Andrew Souvall, Director of Communications, 
Outreach and Member Services; C.J. Young, Deputy Communications 
Director; Sarah Burke, Minority Deputy Staff Director; Michael 
Cameron, Minority Policy Analyst, Consumer Protection and 
Commerce, Energy, Environment; Nate Hodson, Minority Staff 
Director; Peter Kielty, Minority General Counsel; Emily King, 
Minority Member Services Director; Tim Kurth, Minority Chief 
Counsel, Consumer Protection and Commerce; Brannon Rains, 
Minority Professional Staff Member, Consumer Protection and 
Commerce.
    Ms. Schakowsky. The Subcommittee on Consumer Protection and 
Commerce will now come to order.
    Today we will be holding a legislative hearing entitled, 
``Pandemic Profiteering: Legislation to Stop Corporate Price 
Gouging.''
    So due to COVID-19 public--the public health emergency, 
members can participate in today's hearing either in person or 
remotely, via online video conferencing. Members who are 
participating in person must wear masks, except when you are 
speaking. Staff and press who are present in the room must wear 
masks.
    For members participating remotely, your microphones will 
be set on mute for the purpose of eliminating inadvertent 
background noise. Members participating remotely will need to 
unmute your microphones each time that you wish to speak. 
Please note that, once you are unmuted, your microphones are--
will catch everything you say, so you want to make sure that 
you go on mute when you aren't speaking.
    Since members are participating from different locations at 
today's hearing, all recognition of members shall be for --
let's see, I am sorry, you know my reading thing--for questions 
will be in the order of subcommittee seniority.
    Documents for the record can be sent to Ed Kaczmarski. He--
at the end--at the--what is this? At the email address that we 
have provided to staff. All documents will be entered into the 
record at the conclusion of the hearing.
    The Chair now recognizes herself for an opening statement 
of 5 minutes.

 OPENING STATEMENT OF HON. JAN SCHAKOWSKY, A REPRESENTATIVE IN 
              CONGRESS FROM THE STATE OF ILLINOIS

    So today we will consider legislation to protect consumers 
from corporate greed and price gouging related to the pandemic. 
The COVID-19 Price Gouging Prevention Act will empower the 
Federal Trade Commission and state attorneys general with the 
enforcement tools that are needed to effectively go after price 
gougers.
    Throughout the pandemic health emergency, we have seen 
skyrocketing billionaire wealth and corporate greed take 
advantage of people's fears and uncertainty and needs. We have 
seen, actually, unconscionable price hikes in everyday consumer 
goods like toilet paper, face masks, and hand sanitizers, as 
well as critical medical supplies like respirators and personal 
protective equipment. In the last month alone, we have seen Big 
Pharma increase the price of 559--554 drugs, with an average 
price hike of 6.3 percent.
    Pfizer has raised prices on 125 drugs, more than any other 
company. This came after Pfizer reported record profits in 2021 
from the--from their taxpayer-funded COVID-19 vaccines, and 
after boosting their CEO pay 17 percent, to $21 million.
    Johnson and Johnson executives are no different. They 
raised prices according--across all consumer health products, 
despite a 13.6 percent increase in the--in revenues last year, 
and projected 3 to $5 billion in revenue in 2022 from their 
COVID-19 vaccine alone.
    Instead of giving Americans a break from skyrocketing 
prices, companies are pocketing these extra--this extra cash. 
Last week it was reported that UnitedHealth Group spent $5 
billion buying back its own stock, and paying shareholders $5 
billion in dividends in 2021. This came after it reported $24 
billion in profits, the largest ever in its industry--in its 
industry's history.
    And there--and those--these trends aren't limited to 
health-related goods and services. S&P 500 companies' 2001 
(sic) earnings were up nearly 50 percent for the year, and 
corporate profits--profit margins reached a 70 percent year 
high.
    Procter & Gamble has repeatedly raised prices on its U.S. 
products during the pandemic, while raking in $21 billion in 
profits in 2021, up 6 percent from the previous year.
    Grocery giant Kroger posted record earnings during the 
pandemic, including $132 billion in 2020, all while raising 
prices, decreasing wages paid to--by--to workers by 8.1 
percent, authorizing billions in stock buybacks, and its CEO 
taking a $6.4 million raise--that is just the raise. And enough 
is enough.
    We are at war with this pandemic, war with this virus. And 
during World War II, war profiteers were held accountable. The 
same should be applied here today. We are absolutely at war, 
and we have to take action. We will not tolerate corporate--
corporations taking advantage of American consumers by gouging, 
by price gouging, especially not during a pandemic.
    So the critical--this critical legislation needs to be 
heard and ultimately passed.
    [The prepared statement of Ms. Schakowsky follows:]

               Prepared Statement of Hon. Jan Schakowsky
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    Ms. Schakowsky. And I want to thank our witnesses for being 
here, and I now recognize Mr. Bilirakis for his 5 minutes of 
opening statement.

 OPENING STATEMENT OF HON. GUS BILIRAKIS, A REPRESENTATIVE IN 
               CONGRESS FROM THE STATE OF FLORIDA

    Mr. Bilirakis. Thank you, Madam Chair, and I thank the 
witnesses, as well.
    Our constituents are facing a serious problem with 
inflation. And as we have seen from recent mishaps by the Biden 
Administration, we need to be smarter about our policy choices 
so the--OK.
    First, I would be remiss if I didn't express some 
disappointment that we are not joining in the theme of our 
friends in the Transportation and Infrastructure Committee, 
Madam Chair, who are discussing a path forward on autonomous 
vehicles, which will provide a true opportunity to transform 
our economy and save thousands of lives.
    That said, I certainly don't want to dismiss the importance 
of our discussion here today about how our constituents are 
paying higher and higher prices.
    I greatly respect the work we tasked the FTC with 
executing. And as our comprehensive privacy and data security 
draft bill demonstrates, I also believe in working closely with 
the state attorneys general to help enforce a preemptive law.
    But we must have an honest discussion about the real 
challenges our country and constituents are facing, rather than 
a bait-and-switch about where to push blame.
    I know my colleagues on the other side of the aisle are 
aware of inflation problems and the crunch on our supply chain, 
and the President was questioned about this in his most recent 
press conference. However, somehow we are supposed to be 
convinced that there is widespread price gouging occurring.
    Even the majority's memo for today's hearing disputes its 
own thesis by footnoting an article from The Washington Post 
called ``The Inflation-Causing Financial Strain for Nearly Half 
of U.S. Households.'' That article doesn't reference price 
gouging once. Instead, it attributes increased prices to 
surging inflation, booming consumer demand, and crippling--
crippled supply chains. Not that price gouging is not 
occurring, but we have to address the real problems. The 
article even goes on to say--and I quote--``The picture is 
further complicated by widespread labor shortage and the 
revolving door of the pandemic.''
    The legislation brought forth by the Chair today, which 
would give, again, more new authorities--broad new authorities, 
in my opinion--to the FTC to go after price gouging during the 
public health emergency, does not define what excessive price 
gouging is, and does not adequately account for any of the 
causes for increased prices.
    The legislation is missing a full account for the supply 
and consumer demand of certain goods: the bottlenecking of a--
our ports and distribution centers, current labor shortages, or 
even the organized crime ripping goods right off freight rail, 
like we are seeing in cities like Los Angeles.
    This committee should seek to avoid unintended consequences 
on businesses when protecting consumers, and thus I can't 
support this legislation in front of us today, and we shouldn't 
let it divert our attention from President Biden's big 
government spending programs and over-regulation that are 
crushing our economy and keeping it from fully recovering.
    The fact is, I am not sure the American public buys into 
the narrative, either. They know that honest local mom-and-pop 
stores are doing their best with whatever products they can get 
their hands on. Add to that a recent article from the New York 
Post reporting the results of a study that found 69 percent of 
respondents disapprove of how President Biden is responding to 
the inflation crisis, with only 29 percent approving.
    This committee has a duty to protect consumers and promote 
commerce. We have supported providing FTC with the tools they 
need to be successful, like when we gave them first-time civil 
penalty authority to go after COVID-19 scams. But giving 
consumers a false protection here, without properly identifying 
actual harms, we will give the FTC chair more unchecked powers 
at a time when her actions should be--should receive more 
sunshine. Where is the sunshine in this case?
    I am hopeful this committee can get back to the business of 
how to grow our economy with innovation springing from clear 
regulatory frameworks, like for AVs and artificial 
intelligence, and protect consumers with clearly defined 
authorities for FTC, like we do in our privacy and data 
security draft.
    I know we can do better.
    [The prepared statement of Mr. Bilirakis follows:]

                Prepared Statement of Hon. Gus Bilirakis
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

    Mr. Bilirakis. With that, Madam Chair, thank you for giving 
me the opportunity, and I thank the witnesses for being here 
again, and I look forward to your testimony. Thank you so much, 
and I yield back.
    Ms. Schakowsky. I thank the gentleman, and just want to 
point out I think that we are making some real progress on the 
AV issue, and I certainly agree that we need to be working on 
that promptly. So, yes, it is good news.
    And at this point I want to welcome the Chair of the full 
committee, Mr. Pallone, for his 5 minutes of opening statement.

OPENING STATEMENT OF HON. FRANK PALLONE, Jr., A REPRESENTATIVE 
            IN CONGRESS FROM THE STATE OF NEW JERSEY

    Mr. Pallone. Thank you, Madam Chair. I mean, I--look, I--
certainly, we can work on AVs, but, I mean, I got to be honest 
with you. I think AVs are not the answer to inflation, and 
price gouging, and our economic problems. It is certainly 
something we can do, but it is not something that is very--that 
is going to solve that problem or any of those problems.
    My concern right now--and I don't want to go into it --I 
just get the impression more and more--and I hope it doesn't 
continue to the end of this session--that, you know, the answer 
to everything that we talk about is no.
    You know, we talk about the COMPETES Act. We were at Rules 
yesterday. I have been hearing for the last year or so from the 
Republicans about China, and the competition from China. But 
yes, when we were at the Rules Committee yesterday, ``No, no, 
we can't do this bill, this bill is no good, this isn't going 
to solve the problem.''
    Now we talk about price gouging. ``Well, I can't support 
this bill because this bill isn't going to solve the price 
gouging problem.''
    I mean, I just hope I am wrong, and that we just don't get, 
between now and the election, nothing but ``We can't do this, 
we can't do that.'' It is just sad, because I want to work in a 
bipartisan basis on everything, even AVs. But we are just--you 
know, we are really not getting much cooperation from the other 
side, in all honesty.
    Now let me just say that we are--we still face major 
challenges with our economy, clearly, but we are seeing major 
signs of economic recovery.
    Last year, overall gross domestic product grew 5.7 percent, 
the highest annual rate in nearly 4 decades. The economy added 
6.4 million jobs, the largest annual increase in American 
history. That historic job creation reduced unemployment for 15 
percent at the beginning of last year to just 3.9 percent 
today. Wages are increasing. We did have the American Rescue 
Plan and the bipartisan infrastructure bill--I say bipartisan, 
but I think there were only 12 House Republicans that supported 
it--and we do now lead the world on our economic pandemic 
recovery.
    But our economy, while it is recovering, it is true that 
American families are still struggling to make ends meet. 
Rising prices for food and other household necessities. But a 
lot of these price increases are a result of the ongoing 
pandemic. That is why we are taking action later this week to 
pass the America COMPETES Act. I hope we do get some Republican 
support. That deals with the supply chain issue and shortages 
of critical goods, and tries to have more goods made here and 
today, made here in the USA. And yes, reduce --you know, make 
us more competitive with China and other countries.
    But the fact of the matter is there are price--there is a 
lot of price gouging taking place. Some businesses are simply 
price gouging consumers. And these actions have been constant 
throughout the pandemic, evolving with each phase, and 
disproportionally harming the most vulnerable when they can 
least afford it. And opportunist price gouging initially 
focused on the sudden need for items like personal protective 
equipment and hand sanitizer, but more recently we have heard 
reports of overpriced COVID test kits and face masks, and now 
pandemic profiteering has expanded to virtually all types of 
consumer goods.
    And I do think that corporate greed is motivating large 
companies to use the pandemic and supply chain issues as an 
excuse to raise prices, simply because they can. And a lot of 
executives brazenly boast to investors about raising prices on 
consumers without consequences. And these executives are saying 
they are going to continue to do so.
    The legislation under discussion today is basically 
designed to bring this outrageous price gouging to an end. The 
Act is a straightforward solution to the immediate problem. It 
is introduced by Chair Schakowsky and--along with myself, 
Representatives Cicilline, and Nadler. It would give the FTC 
the authority to seek civil penalties from those price gouging 
during the COVID-19 pandemic. States attorneys general would be 
able to enforce the legislation without losing any of their 
existing authority under state law.
    And the fact of the matter is there is no Federal price 
gouging law today. While most states do have some kind of 
authority, those laws are inconsistent, and many fail to 
address the unique circumstances of the COVID-19 pandemic. So 
Congress has to give the FTC and states the authority 
enforcement tools they need to go after companies that are 
gouging consumers. It is mostly large companies.
    So I look forward to the discussion today, and I hope we 
can find bipartisan agreement to act on this important 
legislation that puts consumers first.
    [The prepared statement of Mr. Pallone follows:]

             Prepared Statement of Hon. Frank Pallone, Jr.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

    Mr. Pallone. And with that, Madam Chair, I yield back.
    Ms. Schakowsky. The gentleman yields back, and the Chair 
now recognizes the ranking member of the full committee, Mrs. 
Rodgers, for 5 minutes.

      OPENING STATEMENT OF HON. CATHY McMORRIS RODGERS, A 
    REPRESENTATIVE IN CONGRESS FROM THE STATE OF WASHINGTON

    Mrs. Rodgers. Thank you, Madam Chair. Good morning, and 
welcome to our witnesses.
    American families are feeling the pain of one-party rule. 
President Biden's inflation has hit a 40-year high. Prices have 
risen across the board, from the pump to the grocery store and 
everything in between. I just heard a mom in my district who is 
struggling to find baby formula. She said, ``The supply chain 
crisis is really hurting my family in being able to find 
food.''
    I appreciate the comments of the chairman, but I think the 
frustration on this side of the aisle for many Republicans is 
that we continue to see a go-it-alone approach: bills that are 
being put together in the Speaker's office without input from 
the Republicans. And it is--the fact of the matter is the 
Democrats have the votes. They are running the show. And we see 
record spending, we see top-down mandates, COVID-19 
restrictions, surging energy costs that are making rising 
prices and empty shelves worse. It is all connected.
    To be transparent with Americans about rising prices, 
today's topic should be focused on how to reverse the damage 
that is resulting in supply chain and inflation crises. 
Unfortunately, what we see is a diversion. It is a deliberate 
diversion on the root issues, on the price of--on the issue of 
price gouging.
    Standing up against those who have profiteered during the 
pandemic is a bipartisan issue. Last Congress I joined with 
Chairman Pallone and Subcommittee Chair Schakowsky, along with 
then-Ranking Member Walden, in sending a letter to the FTC. The 
letter requested biweekly updates from the FTC on their 
tracking of illegal behavior during the pandemic, like price 
gouging and scams. And I will be entering that letter into the 
record.
    So a question is, if the majority believes this is a top 
concern, why don't you restart the FTC updates this Congress, 
and why don't you consider our suggestions from two years ago 
on how to make this legislation better?
    Again, we see a go-it-alone approach. They seem to be more 
comfortable in the partisan solution.
    As I said, today's hearing is a deliberate diversion from 
the inflation crisis.
    The COVID-19 Price Gouging Prevention Act still contains 
the flaws it did two years ago. For instance, it fails to 
define what constitutes an excessive price increase, despite 
many states having established their own laws specifying an 
allowable percentage, while taking into account supply chain 
factors.
    This proposal is supposed to be targeting the goods and 
services during the public health emergency that are the most 
vulnerable to gouging, but it fails to address the real issues 
for spiking prices. It doesn't take into account when schools 
are forced to shut down. Many parents leave the workforce, 
unable to participate in the economy. It doesn't address 
workers being forced out of their job for refusing to submit to 
vaccine mandates. It doesn't take into account that we are in a 
very different stage of this pandemic than we were two years 
ago. It doesn't take into account hundreds of billions of 
dollars that Democrats continue to pump into the economy, 
causing consumer demand to spike, even as fewer products are 
available due to supply chain strains and workforce shortages.
    The record spending by the Federal Government only 
exacerbates the inflationary death spiral. Last Congress we 
were able to enact bipartisan, bicameral legislation for the 
first offense penalty authority to tackle COVID-19 scams. It is 
disappointing that that legislation failed to be included 
today.
    Let's work together. Let's work in--together. We all agree, 
we want America to compete, America to lead.
    My colleague brought up the issue of autonomous vehicles. 
Today Transportation and Infrastructure Committee is having a 
hearing on autonomous vehicles. One month from now, the 
National Institute of Standards and Technology within the House 
Science Committee has--which has jurisdiction over--is holding 
a workshop on autonomous vehicles. We are talking about price 
gouging.
    I was pleased to hear the subcommittee chair say that she 
is open to autonomous vehicle legislation. Four years ago we 
passed bipartisan--Republicans and Democrats came together and 
passed--legislation to lay out a national standard for--a 
framework for autonomous vehicles. We need that in order to win 
the future. We hear a lot about electric vehicles, but we need 
the autonomous vehicle language, the framework. That is our 
future, and America should be leading in developing this 
technology, rather than allowing China to continue to dominate, 
and test, and move forward.
    My colleagues and I are ready to work on real solutions, 
whether it is supply chains, inflation, innovation. Let's win 
the future. Let's work together. I yield back.
    [The prepared statement of Mrs. Rodgers follows:]

           Prepared Statement of Hon. Cathy McMorris Rodgers
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

    Ms. Schakowsky. The gentle lady yields back, and the Chair 
would like to remind all members that, pursuant to committee 
rules, they are--that any written opening statements shall be 
made part of the record.
    And now it is my pleasure to introduce our witnesses for 
today's hearing.
    We have Alex Harman, Competition Policy Advocate at Public 
Citizen, and who is here remotely.
    We have Sarah Frasch, who is Chief Deputy Attorney General 
and Director for the Bureau of Consumer Protection at the 
Pennsylvania the Office of the Attorney General.
    We have Dr. Glenn Richey, Jr., Harbert Eminent Scholar and 
Chair for the Department of Supply Chain Management at Auburn 
University.
    And Dr. Rakeen--let's see--Mabud, who is Managing Director 
of the--of Policy and Research, and Chief Economist at 
Groundwork Collaborative.
    At this time the Chair will recognize each of the witnesses 
for 5 minutes to provide their opening statement.
    Before we begin I would just like to explain the light 
system for those who don't know it. And for those who are 
watching, who are participating remotely, as well. The--at 
first, the--in front of you will be--and you will see on the 
screen a series of lights. The light will initially be green. 
The light will turn yellow when you have one minute remaining, 
and please begin to wrap up your testimony. And at that point 
the light will turn red when those 5 minutes have expired.
    For the witnesses testifying remotely, there is a timer on 
your screen that will count down your remaining time.
    So, Mr. Harman, you are recognized now for 5 minutes.

 STATEMENT OF ALEX HARMAN, COMPETITION POLICY ADVOCATE, PUBLIC 
 CITIZEN; RAKEEN MABUD, PH.D., MANAGING DIRECTOR OF POLICY AND 
 RESEARCH AND CHIEF ECONOMIST, GROUNDWORK COLLABORATIVE; SARAH 
 FRASCH, CHIEF DEPUTY ATTORNEY GENERAL AND DIRECTOR, BUREAU OF 
   CONSUMER PROTECTION, PENNSYLVANIA OFFICE OF THE ATTORNEY 
 GENERAL; AND GLENN RICHEY, PH.D., HARBERT EMINENT SCHOLAR AND 
CHAIR, DEPARTMENT OF SUPPLY CHAIN MANAGEMENT, AUBURN UNIVERSITY 
                  HARBERT COLLEGE OF BUSINESS

                    STATEMENT OF ALEX HARMAN

    Mr. Harman. Thank you, Chairwoman Schakowsky, Ranking 
Member Bilirakis, and other members of the subcommittee, for 
the opportunity to testify before you in person on corporate 
price gouging and profiteering during the coronavirus pandemic. 
I am Alex Harman, Competition Policy Advocate for Public 
Citizen's Congress Watch Division.
    We are a national nonprofit organization with more than 
500,000 members and supporters. For the past 50 years we have 
represented the public interest on a broad range of issues, 
including consumer protection and consolidation of corporate 
power.
    I think it is important to first explain what price gouging 
is. For those of us who remember our basic economics classes, 
we learn that supply and demand are supposed to result in a 
market-based price that reflects what consumers are willing to 
pay. When that price rises too high, a competitor will respond 
with a lower price, or consumers will find an alternative. 
Price gouging is where that supply and demand process is 
distorted by an emergency situation that puts the seller in the 
position of dictating a price above market because consumers 
have no other choice but to pay.
    At its best, it is exploitive of consumers across the 
board. But at its worst, it specifically targets people in 
their most vulnerable, making conditions even worse for them. 
Unfortunately, even before the country faced lockdowns, 
closures, and shortages of essential goods due to the 
coronavirus pandemic, price gouging was already underway.
    In fact, by the time the first U.S. death of--from COVID-19 
had been reported, price gouging on sales of protective masks 
on Amazon had already resulted in warnings to third-party 
sellers against engaging in the practice. Then brick and mortar 
retail stores such as Target, Costco, and Kroger began to 
impose quantity limits on products such as toilet paper, hand 
sanitizer, and disinfectants. But where physical stores had 
empty shelves, online sellers charge excessive prices.
    As the pandemic worsened, so too did price gouging. Over 
nearly two years, price gouging has shifted to a broad array of 
products and, unfortunately, normalized. Consumers and 
policymakers cannot be blamed for wondering if price increases 
on essential products are at least in part due to price 
gouging.
    Many Americans experience the pandemic facing unemployment, 
financial hardship, or in dangerous conditions on the front 
lines of the health care and service industries. However, for 
the biggest companies, the pandemic proved to be a goldmine of 
increased profits and significant growth. Amazon, Walmart, 
Kroger, and many others experienced significant price increases 
or profit increases in 2020. But in the second year of the 
pandemic, sales and profits continue to rise to record levels 
for retailers. This reality of massive corporate profits has 
been true for consumer packaged goods and food manufacturers, 
as well.
    In addition to record sales and profits, these companies 
have no shame about their plans to raise prices. In fact, they 
have been bragging to investors about how they are able to 
raise prices without driving down sales. Procter & Gamble's 
Chief Financial Officer told investors that the company has not 
seen any material reaction to price increases from consumers, 
and Kroger's CFO told the their investors, ``We have been very 
comfortable with our ability to pass on the increases that we 
have seen to this point.''
    These companies are only making more profit as they raise 
prices in the face of higher costs. Is it any wonder, then, 
that the companies are so eager to raise prices?
    In a recent piece by former U.S. Labor Secretary Robert 
Reich, he argues that these companies are exploiting higher 
costs as an excuse to make even bigger profits. It is hard to 
disagree.
    Corporate price gouging is unacceptable, and should be 
stopped. Unfortunately, there is no Federal price gouging law. 
So H.R. 675, the COVID Price Gouging Prevention Act, the 
subject of this hearing, was introduced by Chairwoman 
Schakowsky to establish a Federal price gouging law in response 
to the initial reports of pandemic profiteering and price 
gouging.
    As Members of Congress consider efforts to stop price 
gouging, it is worth examining state laws and where a Federal 
statute would be useful to protect consumers. Unfortunately, 
where state laws prohibiting price gouging exist, there is a 
wide variance between definitions and applicability. The lack 
of a Federal law, the inconsistency or absence of laws in the 
states, combined with online shopping that transcends state 
borders has created gaps in protection from price gouging, and 
has led to a potential for state laws to be ineffective at 
addressing the practice online.
    Price gouging is an exploitive business practice that 
manipulates markets and takes advantage of people at their most 
vulnerable and desperate. A Federal statute that augments state 
laws is needed to address this problem. It should be in place 
as soon as possible to help stop price gouging now, and so that 
the next emergency, big or small, does not result in the 
exploitation we have seen in the last two years.
    During emergencies people are scared, desperate, and in 
need. Price gouging is an insidious exploitation of the most 
vulnerable. There is no excuse for the most profitable 
countries--companies preying on consumers.
    Thank you again for this opportunity to testify on this 
important topic.
    [The prepared statement of Mr. Harman follows:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Ms. Schakowsky. Thank you very much.
    And now, Ms. Frasch, you are recognized for 5 minutes.

                   STATEMENT OF SARAH FRASCH

    Ms. Frasch. Good morning, Chair Schakowsky, Ranking Member 
Bilirakis, members of the committee. Thank you for inviting me 
to testify today. My name is Sarah Frasch, and I serve as the 
director of the Bureau of Consumer Protection for the 
Pennsylvania Office of Attorney General.
    Our section is charged with civil enforcement of 
Pennsylvania's consumer protection laws, including 
Pennsylvania's Price Gouging Act. In general, we work directly 
with consumers and businesses to both mediate disputes and to 
bring legal actions, when necessary, to stop unfair and 
deceptive business practices. We obtain restitution and other 
relief for consumers, and appropriate civil penalties.
    So turning specifically to price gouging, we have our own 
Price Gouging Act in Pennsylvania, which was passed in 2006. It 
has given our office an important tool in our toolbox to help 
protect consumers when disasters strike.
    Ms. Schakowsky. Ms. Frasch, could you speak up just a 
little bit more?
    Ms. Frasch. Sure.
    This Act protects consumers from unconscionably excessive 
price hikes, beginning when the governor declares a state of 
disaster emergency, and then continuing through 30 days after 
the termination of the state of emergency. Generally, 
unconscionably excessive prices in violation of the Act include 
price increases of 20 percent or more during the applicable 
time period, when compared to the price 7 days prior to the 
state of emergency declaration.
    Our Act in Pennsylvania gives our office the responsibility 
to enforce the law with civil penalties of up to $10,000 per 
violation. While this law is limited in scope, it does help us 
both combat and deter price gouging during disaster situations, 
including during the pandemic.
    In March of 2020, immediately following our governor's 
declaration of the state of emergency due to the pandemic, we 
set up a task force within our bureau to accept, investigate, 
and act on the tips and complaints of price gouging made by the 
public. Most of those tips covered different consumer products, 
but we found most prevalent were PPE equipment, hand sanitizer, 
bottled water, things like that--face masks.
    One example of a tip we received was from the husband of a 
nurse in Bucks County, Pennsylvania. He was concerned that his 
wife and her coworkers didn't have the appropriate access to 
PPE, such as N95 masks, during the first weeks of the pandemic. 
And so one of his employees was in a local pharmacy filling a 
prescription, saw that the store had N95 masks available, and 
she purchased them. She was able to get 5 masks and was charged 
$20 per mask.
    For context, before the declaration was issued, N95 masks 
could be obtained for less than $1. And even factoring in the 
increase of the cost and the supply incurred by the pharmacy, 
that price to the consumer was significantly increased, in 
clear violation of our statute. And we were able to contact 
that store and, as a result, that buyer received a refund of 
the full amount that she was overcharged, and the store was 
able to bring back the prices to reasonable levels, preventing 
other consumers from being harmed.
    So this--the declaration remained in effect from March 2020 
through June 2021. And at that time we received between--or 
around 6,200 consumer complaints of price gouging from all over 
Pennsylvania.
    You know, some of these were actually mistakes by 
businesses. They didn't understand the law, perhaps, and they 
corrected their action after we approached them. Others fell 
outside the scope of our statute because maybe they were 
business-to-business transactions that didn't cover household 
use goods. Many of these cases also involved increased costs to 
the local stores that they themselves passed on to the 
consumers, which is actually legal under our statute.
    But we did not hesitate to use our enforcement under the 
Act, and we were able to issue 523 cease and desist letters to 
individuals and entities. We issued 241 subpoenas to gather 
more information. We filed two lawsuits for violations of the 
Act. We also entered into 29 settlement agreements, separate 
from any litigation, and we resolved those, and ultimately we 
were able to return $73,272 in consumer restitution to make 
those consumers whole.
    We also focused on a multi-state effort to engage with 
major e-commerce platforms such as eBay, Amazon, and Facebook, 
and others in order to enhance [inaudible]. As a result of 
those efforts, we were able to identify additional price 
gouging, took appropriate action, and obtained refunds for 
consumers, and also had those platforms take down violations of 
the Act. And we were able to present presentations to trade 
groups, consumer advocates, and other retailers to help educate 
and inform what violations may be.
    So as I mentioned, we have some limitations to our Act. 
Right now it is not currently----
    Ms. Schakowsky. Your time has expired, so wrap up right 
now.
    Ms. Frasch. Sure, thank you. We have no protection 
currently for price gouging in place in Pennsylvania.
    [The prepared statement of Ms. Frasch follows:]
    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Ms. Schakowsky. OK, thank you so much. I really appreciate 
your testimony.
    And now let me welcome Dr. Richey for 5 minutes for his 
opening statement.

                STATEMENT OF GLENN RICHEY, Ph.D.

    Dr. Richey. To be part of this process. My name is Glenn 
Richey. As mentioned, I am the Harbert Eminent Scholar and 
Chair of the Department of Supply Chain Management at Auburn 
University, where we host the--or hold the number seven 
undergraduate program in supply chain management in North 
America, and also have a top ten research program globally in 
supply chain management logistics.
    I am also currently the Editor in Chief, or Co-Editor in 
Chief, of the Journal of Business Logistics, which is largely 
considered the top journal in supply chain management and 
logistics worldwide.
    My other hat that I wear is in the Research Director 
position of the Center for Supply Chain Innovation. And so I 
can talk to issues with technology, if you like.
    I have about a decade of experience in practice in 
wholesaling and manufacturing, and have done now, for about 20 
years, research in international business, supply chain 
management, and logistics and marketing.
    I should also add that I have experienced a lot of 
different disasters over the course of my life, living in a lot 
of states around this country, and that includes tornadoes in 
Ohio and Oklahoma, floods in Tennessee, hurricanes in Alabama, 
the heat waves in Maine, and storms in Texas, ice storms in 
Texas. So you probably don't want to live next to me, but I 
have experienced a lot of the post-crisis behavior which seems 
to be what we are talking about in this resolution.
    The H.R. 675 resolution is interesting. I will say that I 
got confused about it quickly, because price gouging typically 
occurs at the retail level during these crises, and it tends to 
be relatively small players. Corporate strategy level price 
gouging does not happen to the degree that has been suggested 
in the document, and that is because it is quite obvious to 
see, it is obvious to see to government and to business.
    I dug a bit deeper, as well, to look into the America 
COMPETES Act. And in reading that Act I was concerned that 
Congress may not understand the complexities of supply chains 
and the things that we have to deal with. So I have added a 
couple of comments in my written testimony to kind of flesh 
those things out. And later on, if the committee would like 
more documentation or things that, like, explain what we do, I 
would be happy to get into that and follow up with those 
materials.
    There are several specific issues that concern me about the 
current legislation, the current discussion, and that has to do 
with a couple of different things, one being the local level 
concern. And we are talking about corporate level. The other 
being that I took some time last night to look at the supply 
chain management publications that are out there, and found 
almost no discussion of price gouging over the years of 2020 
and 2021.
    So I am here to address some of the big concerns on the 
list, and I will list those for you. There are eight.
    One is specificity in the document. I don't know what 
``unconscionable,'' ``excessive,'' or ``increased prices,'' 
``unreasonably,'' or ``grossly exceeds'' is. There is no kind 
of barrier on what those things are.
    There is no emphasis in facing what contribution margin is, 
which really defines what companies make. It is the difference 
between what their costs and what their prices are.
    I am worried about the passage of time. February of 2022 is 
dramatically different than the economic concerns of January of 
2020, and so that seems a bit strange to me.
    I am concerned that the similar products and substitute 
products in the legislation will be compared based on their 
pricing, and not on their cost or their quality or their value.
    I am worried that the term ``corporate'' could be extended 
directly down to small businesses, local mom-and-pop grocery 
stores that are struggling mightily in this time period, and 
would even put them in a difficult--more difficult position 
than they are now.
    I am concerned that the government at the Federal level 
will not be able to handle monitoring the supply chain because 
of the level of complexity, and I am happy to talk about that.
    I also think that there are a number of things in this 
legislation that would be unenforceable. When we talk about 
companies that have raised prices during the pandemic, just 
about everyone should be able to show additional cost, loss of 
control, negative impacts on profit, lost sales, and additional 
risks that have been incurred that will drive prices up 
naturally in the market economy.
    And the other thing is first responders are the ones that 
typically deal with these problems. It is the people that are 
within the states and within the communities, and I am not 
certain how D.C. handles that problem.
    Finally, I would like to say that, you know, we have a 
number of movements in price that happen in the supply chain 
and across the economy. Companies may raise prices to cover 
fixed costs or to add a replacement supplier, incorporate 
rising transportation costs--sustainability program that was 
stopped during the pandemic, to respond to energy crisis, and 
maybe just to adjust to existing or new government 
replacements.
    So in summary, there is a lot of issues to worry about 
here, to be concerned about here. But I thank you for having 
me, and I am happy to help the committee if I can.
    [The prepared statement of Dr. Richey follows:]
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    Ms. Schakowsky. Thank you.
    And now I invite Dr. Mabud to give his statement for 5 
minutes.

                   STATEMENT OF RAKEEN MABUD

    Dr. Mabud. Chairwoman Schakowsky, Ranking Member Bilirakis, 
Chairman Pallone, Ranking Member McMorris Rodgers, and members 
of the subcommittee, thank you for inviting me to testify 
today. My name is Rakeen Mabud, and I am the chief economist 
and managing director of policy and research at the Groundwork 
Collaborative.
    Groundwork is an economic policy think tank based in 
Washington, DC., dedicated to advancing a coherent economic 
world view that produces broadly shared prosperity and 
abundance for all.
    I am grateful to the subcommittee for holding this hearing 
about the critical issues of pandemic profiteering and price 
gouging. My testimony will focus on three key points.
    First, pandemic profiteering is widespread, and is taking a 
massive toll on consumers, workers, and small businesses, all 
while corporate executives and shareholders are enjoying record 
profits.
    Second, today's profiteering is the direct result of 
decades of policy choices, resulting in an imbalanced and 
brittle economy that allows mega-corporations to profit from 
crises.
    Third, wage increases for workers are not a driver of 
current price spikes.
    Big corporations have taken advantage of shifting demand to 
raise prices on essentials like COVID tests and masks. Just 
last month, after the CDC updated its guidance for the public 
to ``wear the most protective masks you can,'' producers of 
critical PPE immediately cashed in.
    In early October a 50-pack of Kimberly-Clark N95 masks cost 
$23.19. By mid-January, the same box costs $57.15. In Kimberly-
Clark's earnings call last week, the CEO noted that ``While our 
overall financial results were disappointing, we took decisive 
action to offset the impact of higher costs with significant 
pricing actions.'' On the same call, he said that Kimberly 
Clark would allocate more cash to shareholders through 
dividends and buybacks. In other words, even though the company 
was experiencing a disappointing quarter, Kimberly-Clark CEO 
was confidently telling shareholders that he would be able to 
deliver their payouts, all on the backs of consumers paying 
higher prices for essential items.
    Unfortunately, profiteering is not limited to pandemic-
specific goods. Take Procter and Gamble, a Fortune 500 company 
with a chokehold on diaper production and more than a quarter 
of the global market on laundry products. In the company's 
January 19th earnings call, their CFO announced price increases 
in all ten of their product categories in 2021, with more to 
come in 2022. He stated, ``Building on the strength of our 
brands, we are thoughtfully executing tailored price increases. 
We see a lower reaction from the consumer in terms of price 
elasticity than what we would have seen in the past.'' In other 
words, the consumer is--the company is taking advantage of 
consumers' basic needs because demand is relatively 
unresponsive to price hikes for goods like diapers.
    The ability for--to raise prices without seeing consumer 
demand drop, combined with significant market share, gives 
companies like Procter and Gamble free rein over price 
increases and ever-increasing profit margins, especially when 
they can blame inflation for the rising prices.
    Corporations have this kind of power because of Wall 
Street's ruthless pursuit of efficiency and short-term profits 
that ushered in a deeply concentrated economy that leaves 
consumers vulnerable to profiteering and price gouging. The 
unending quest for maximizing short-term returns has resulted 
in deregulation of everything from shipping to rail. As 
corporate executives prioritize a lean, just-in-time supply 
system that eliminated resiliency and increasingly relied on 
precarious labor, our economy was left more vulnerable to price 
gouging and pandemic profiteering.
    Corporations have been able to keep costs low and reap 
profits without any risk of being undercut by competition, all 
at the expense of stability and reliability for consumers and 
small businesses. While concentrated market power isn't the 
only reason for our current plight, it plays a critical role in 
propping up an imbalanced economy that prioritizes profits over 
a functioning system.
    Finally, I would like to address a common misperception 
about the role of worker wages on the price hikes. Recent 
research demonstrates that there has been no correlation 
between price increases and wage increases just since December 
2020. In short, there is absolutely no evidence to suggest wage 
increases for workers are to blame for the price increases we 
are seeing today.
    There is a clear path forward for Congress.
    First, Congress should take up H.R. 675, the COVID-19 Price 
Gouging Prevention Act. This legislation would provide--would 
create a clear framework to identify and prohibit profiteering, 
and provide the Federal Trade Commission, as well as state 
attorneys general, the power to protect consumers from 
corporate price gouging.
    Second, the committee can continue to ensure that the FTC 
investigates anti-competitive, deceptive, and unfair business 
practices to protect consumers and encourage competition.
    The best path towards an inclusive, resilient economy is to 
support policies that foster competitive markets, where 
consumers, working people, and smaller competitors all have 
meaningful bargaining power. Smart investments, coupled with 
regulatory safeguards will reduce costs and prices in the long-
run to ensure that no one is left behind during the recovery 
period and beyond.
    Thank you, and I look forward to your questions.
    [The prepared statement of Dr. Mabud follows:]
   [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
    
    Ms. Schakowsky. Thank you very much. We have now concluded 
with the witnesses' opening statements. At this time we will 
move to member questions.
    Each member will have 5 minutes to question our witnesses, 
and I will start by recognizing myself for 5 minutes.
    The effect of COVID-19 pandemic, of course, has hurt and--
felt especially hard on those people who are low-income and 
working people. Corporate price increases are no exception.
    Thankfully, we are seeing long-overdue wage growth in our 
country, and increased worker bargaining power. But these gains 
are threatened by rising prices.
    Some of my colleagues on the other side of the aisle have 
argued that increased wages could produce a ``wave--wage price 
spiral,'' where high prices cause higher wages, while then--
which then leads to even higher prices from--for--from more--
you know, for--continues the cycle. But others, like the 
Federal Trade Chair--Federal Reserve Chair Powell, disagrees.
    So Dr. Mabud, in your research, have you found that rising 
wages to--are a--to--are troubling?
    Do you believe that they are responsible at all for the 
price increases that we are seeing today?
    Dr. Mabud. Thank you, Chair Schakowsky. It is crystal clear 
that wages are not the main driver of rising prices right now.
    Since the start of the pandemic there has been absolutely 
no relationship between rising wages and rising prices. While 
there has been a link historically, that is not the case today. 
In fact, the sectors of the economy that saw the highest price 
increases are not correlated with where we've been seeing 
significant wage growth.
    But the other important thing is that too many workers have 
been facing rock-bottom wages for decades. The secular decline 
in unionization has really harmed many workers' access to 
economic mobility and security, and the fact that we are seeing 
an increase in wages for especially the lowest income in our 
economy in the midst of a crisis is, frankly, a real testament 
to the importance of the Federal investments that Congress made 
throughout the pandemic.
    Ms. Schakowsky. Thank you. So do you think, then, there are 
any risks to working families from trying to combat rising 
prices by limiting wage growth?
    Dr. Mabud. Absolutely. Tamping down on wage growth and 
demand is the last thing that working families need in the 
midst of an unprecedented health and economic crisis.
    Increased demand is actually a really strong signal that 
families are weathering the storm, and it suggests that we are 
going to come out of this crisis with a stronger foundation for 
our economy, one that is broad-based and inclusive.
    Raising interest rates or other actions that will stifle 
demand or wage growth would harm exactly the people who are 
currently bearing the brunt of rising prices: families and 
small businesses around the country.
    Ms. Schakowsky. So let me ask you, finally, Dr. Mabud, in 
your research what evidence have you found of corporate price 
gouging?
    Dr. Mabud. So my team and I have combed through hundreds of 
earnings calls across a broad range of sectors, which has 
really given us a window into what CEOs across the economy are 
thinking. And what we are seeing is that, in sector after 
sector, in company after company, corporations are jacking up 
prices on consumers and using concerns about inflation as cover 
to do so.
    We see that in Kimberly-Clark taking advantage of the 
pandemic to raise prices on masks. We see Procter and Gamble 
using the fact that they sell essential goods that families 
depend on, like diapers, to raise prices in this moment of 
crisis. And we even see companies like McDonald's raising 
prices on consumers, even as they enjoy massive increases in 
sales.
    So in short, this is a really broad-based problem. It is, 
unfortunately, not limited to a specific sector of the economy.
    Ms. Schakowsky. Thank you.
    Mr. Harman, why is legislation to empower the FTC and 
states--state attorneys general critical to stop price gouging?
    Mr. Harman. Thank you. Well, there is no Federal law, so 
the FTC has no authority to take any action. It is not 
considered illegal. They can collect information, but they 
can't take action.
    And in--there are states that have no protections, as well. 
And so there is a lack of overall protection.
    And then there is this larger question of where there is 
price gouging online, and on national marketplaces, the--
whether the state laws can even cover those issues.
    Ms. Schakowsky. Thank you. We saw Amazon raise prices at 
the beginning of the pandemic and, you know, really hurting 
consumers.
    So my 5 minutes have expired. And now I welcome the ranking 
member for his questions for 5 minutes.
    Mr. Bilirakis. Thank you very much, I appreciate it, Madam 
Chair. Thank you, and I want to thank the witnesses, as well.
    Our constituents are facing a serious problem with 
inflation. And as we have seen in recent mishaps by the Biden 
Administration, we need to be smarter, folks, about our policy 
choices, so the situation does not worsen.
    One of the contributing factors to higher prices and fewer 
goods is the bottleneck at our ports and distribution centers 
that are causing a delay in goods from reaching our 
constituents. That is why I was very glad to see our governor, 
Governor DeSantis, offer up the ports of Florida to alleviate 
the bottlenecking in California, where cargo ships wait in the 
water, they are waiting to unload their cargo.
    I just want to reiterate his words, and say Florida is here 
to help. So I want everyone to know Florida is here to help 
with this issue.
    Sadly, it appears that President Biden is no closer to 
solving this problem. The Transportation Intermediaries 
Association recently quoted to Homeland Security Secretary 
Mayorkas regarding their dire concern about the vaccine 
mandates, which recently were ruled, as you know, 
unconstitutional. But they will still take their toll, since 
DHS is applying the mandate to international truckers--
hopefully, not for long--even after U.S. truckers were deemed 
exempt because of the nature of their work.
    So my question is to Dr. Richey.
    Dr. Richey, if the Administration is going to limit the 
truck drivers available for transport, and we already have a 
truck driver shortage here in the United States, shouldn't the 
White House set up some sort of framework, such as autonomous 
systems--that I understand are available--that will keep these 
products moving?
    In addition to the effect on consumers, this could also 
greatly impact suppliers, and cause them to go bankrupt. Can 
you explain how new technologies on the market may help 
alleviate these issues?
    Again, the question is for Dr. Richey.
    [Pause.]
    Mr. Bilirakis. I am not sure if he is able to communicate 
with us, Madam Chair.
    Dr. Richey?
    Dr. Richey. I am here. Yes, sorry.
    Mr. Bilirakis. Oh, there he is. OK. Very good.
    Dr. Richey. Yes, thank you. Thank you very much.
    Mr. Bilirakis. Thank you.
    Dr. Richey. It is a very interesting question. We have the 
RFID lab here at Auburn University that does a number of 
different research activities around high-level technologies in 
the supply chain, and business overall.
    Certainly, we have some advancements that we are working on 
in over-the-road trucking. There is still work to do in that 
arena to get those vehicles to where they do what we want them 
to do.
    And as you know, every intersection in this country is 
different, and so the vehicles have to be able to handle those 
contiguous [inaudible] and differences.
    There are also other things that we can potentially do. 
Automated material handling equipment is heavily used in 
international ports, and it is not used to the same degree in 
the United States. That would certainly be something that we 
could work for and get into place in the Ports of Los Angeles 
[inaudible] that currently are bringing in about 40 percent of 
all the international inventory and supplies that we 
[inaudible], and are potentially impacting every citizen in the 
United States.
    Outside of that, there are things that we can do with 
drones related to nearby delivery. But currently those 
situations are restricted by both state and Federal law. So 
freeing up some of the legislation that has made it difficult 
to implement these things would help.
    And then we can also think about information technology. We 
have been doing tests with RFID to track--we have been doing 
tests with blockchain technology that allows us to track 
transactions [inaudible], and motivating those things to move 
forward may help some with the crisis.
    But, certainly for us, the labor crisis is still the issue. 
We need people to go back to work.
    Mr. Bilirakis. Thank you, Doctor.
    Now I would like to read a quote from Jason Furman, and--
the former chair of the Council of Economic Advisers under 
President Obama. He states, and I quote, ``The current 
inflation has many causes, including a post-pandemic 
reallocation of labor, a spending shift from services to goods, 
lingering supply chain disruptions, and rising global oil and 
gas prices.''
    Dr. Richey, according to Furman, there are many factors to 
the increased costs consumers are currently facing. But one 
reason he doesn't include, in this particular case, is price 
gouging. So can you elaborate on what is really going on here?
    How do we fix the problem?
    And I appreciate your testimony today in answering the 
first question. Thank you.
    Dr. Richey. Yes, the--you know, there are a number of 
issues that all contribute to the increase in prices in this 
country, and they have a lot to do with what we call 
transaction costs. It is economic [inaudible]----
    Ms. Schakowsky. You are way----
    Dr. Richey [continue]. Understanding and theory developed 
by Oliver Williamson.
    Ms. Schakowsky. You are way over.
    Mr. Bilirakis. I am over? Yes.
    Dr. Richey. Sorry. So----
    Mr. Bilirakis. Yes----
    Dr. Richey [continue]. There are a number of different 
inputs, right, that have to come into the process that drive up 
costs.
    So when we see scarcity in the supply chain, organizations, 
obviously, increase costs to cover fixed costs to make sure 
they can stay viable in the market. So that is why I earlier 
recommended that we take a look specifically at contribution 
margin, and what the profit is [inaudible] item, because it is 
very difficult to----
    Mr. Bilirakis. Dr. Richey?
    Dr. Richey. Yes?
    Mr. Bilirakis. I apologize.
    Dr. Richey. Oh, yes.
    Mr. Bilirakis. I am way over my 5 minutes, and I must yield 
back.
    Dr. Richey. OK.
    Mr. Bilirakis. But I appreciate it very much.
    Dr. Richey. No worries.
    Ms. Schakowsky. Yes, OK.
    Mr. Cardenas. Madam Chair, can somebody check the 
microphones in the committee room or something? Once in a while 
there is background noise coming in. It doesn't look like it is 
coming from the mics on the screen. Sorry, I just--can we get 
that fixed? It is hard to hear people.
    Ms. Schakowsky. I am sorry, what did he----
    [Pause.]
    Ms. Schakowsky. Yes, please stay muted if you are not 
being--speaking, if you are not speaking. You know, we don't 
want that inadvertent background noise.
    And now let me call on the chairman of the full committee 
for his 5 minutes of questioning.
    Mr. Pallone?
    Mr. Pallone. Yes, I just have to say, before I ask a 
question, you know, I respect Mr. Bilirakis, but I just don't 
understand.
    I mean, the problem, the biggest problem we have right now, 
is COVID, right? The reason people are afraid to go back to 
work is because they are afraid they are going to be in contact 
with people that don't have vaccines, or people that don't have 
masks, and the COVID continues to spread.
    I mean, talking about, you know--the answer is to try to 
get as many people vaccinated as possible, to try to get COVID 
ended, so that people aren't afraid to go back to work.
    But I mean, you know, I see some--I am not saying it is 
true for you, Gus, but I see so many of my Republican 
colleagues, you know, not--suggesting that people should even 
be vaccinated, or not talking about it at all.
    I mean, look, I am not going to argue over the mandate. But 
the bottom line is we have to convince people to get 
vaccinated. Otherwise, we are never going to get over this 
COVID problem.
    And then, when you talk about autonomous trucks, I mean, I 
don't want--I mean, part of the problem is--with autonomous 
vehicles, or particularly trucks, is that--what does that mean? 
It displaces people. Of course we have to move towards 
autonomous vehicles, or even autonomous trucks. We have to be 
very careful that we don't do this in a way that displaces 
truck drivers and they don't have a job. And, you know, I don't 
think we are ready to literally say we are going to have some 
major autonomous trucks right now.
    I mean, that is something that has to be looked into, and 
we can certainly work on it on a bipartisan basis. But, you 
know, I am very afraid of the fact that, you know, people who 
are driving trucks are going to be displaced. I don't want that 
to happen today.
    The problems here have to do with COVID, and we have got to 
get that under control. But the best way to do that is through 
vaccines.
    And I just wanted to say to the ranking member, when we 
talked about price gouging, remember, this bill is--a 
legislative hearing is just a start today. You mentioned 
several things that you would like to see in the legislation. 
We are certainly--would like to sit down with you over the next 
few days or next few weeks and figure out what those things 
are, so we can have a bill on a bipartisan basis.
    The same is true for the AVS. We can do these things on a 
bipartisan basis. But--and I don't want to suggest that we 
can't.
    Now, let me just ask a couple of questions. I wanted to ask 
Dr. Mabud.
    In your testimony you suggest that some companies are using 
the cover of rising costs in pandemic-related supply chain 
issues to boost profits, while consumers pay more. Can you just 
expand on that, and ask--and answer whether there are 
particular industries where profiteering is most prevalent, if 
you would?
    Dr. Mabud. Sure, thank you, Chair Pallone.
    Unfortunately, for consumers this is a really deeply 
pervasive problem. You know, the earnings call data that we dug 
into suggests that this kind of profiteering is happening up 
and down supply chains and across a range of goods. Pandemic 
profiteering is not limited to a small corner of the economy.
    And some of the most flagrant examples of profiteering are 
big companies like Kroger and Procter and Gamble, that sell 
products that people can't do without. And that is why H.R. 675 
is so critical, you know, it really takes on what has become 
rampant pricing gouging of consumers across the country.
    Mr. Pallone. All right. And then I wanted to ask that Dr. 
Mabud again.
    Do you agree that corporate price gouging is self-
reinforcing?
    In other words, how does it help keep prices high, even 
when the broader underlying price forces, like supply chain 
disruptions and the pandemic, appear to be heading in the right 
direction? The issue is self-reinforcing, if you will.
    Dr. Mabud. Yes. I mean, this is essentially the story of 
financialization, when one company is able to get away with 
padding their profits with price gouging shareholders from 
across the board want in. And that is exactly what we've seen. 
Companies with aggressive pricing strategies--rewarded, and 
those who are not taking the strategy on have seen massive 
sell-offs.
    In other words, investors come to expect these higher 
prices, and these prices are translating into higher returns 
for them.
    The other point to make here is that this is, with the 
exception of volatile commodities, fairly sticky [inaudible] 
just going to go down, just when supply chain pressures ease. 
Consumers will be stuck with higher prices over the long haul.
    Mr. Pallone. All right. Let me just ask either you or Dr. 
Harman, are there particular incentives for these companies 
that Congress should be considering when working to stop price 
gouging?
    Or are they--do you believe Federal price gouging 
legislation is necessary to stop pandemic profiteering?
    Dr. Mabud?
    Dr. Mabud. Sure, I am happy to jump in. Absolutely.
    I mean, having a Federal standard that is clear and widely 
applicable is absolutely critical to ensuring that price 
gougers are not able to get away with that behavior.
    Mr. Pallone. So you think the legislation is necessary?
    Dr. Mabud. Correct.
    Mr. Pallone. All right, thanks a lot.
    Thank you, Madam Chair.
    Ms. Schakowsky. The gentleman yields back, and now I 
recognize the ranking member of the full committee, Mrs. 
Rodgers, for 5 minutes of questions.
    Mrs. Rodgers. Thank you, Madam Chair. Let me start with 
autonomous vehicles.
    We hear a lot about electric vehicles in this hearing, or 
in this hearing room, in this committee. The majority, the 
President, the Administration is all in on electric vehicles, 
believing that that is our future. Not as concerned about 
displaced workers. I guess our question is why can't we move 
forward on autonomous vehicles?
    I just read that the death rates have gone up pretty 
dramatically in the last year. On average it is 37,000 on the 
roads. But I think we have already reached 31, we are getting 
close to that number already. So I believe that autonomous 
vehicles have the opportunity to save lives. It is our future. 
We should move forward.
    When it comes to drafting--you know, to addressing 
solutions, whether it is solutions around rising costs on 
Americans, or any legislation--
    Ms. Schakowsky. If I could just comment on that, you know, 
in the infrastructure--
    Mrs. Rodgers. OK, OK.
    Ms. Schakowsky. Do you mind?
    Mrs. Rodgers. Well----
    Ms. Schakowsky. OK, go ahead. Go ahead.
    Mrs. Rodgers. Well----
    Ms. Schakowsky. I can give you----
    Mrs. Rodgers. OK, I would love to hear what the update is 
on autonomous vehicles, because there was a bill that we passed 
bipartisan four years ago, and----
    Ms. Schakowsky. Unanimously.
    Mrs. Rodgers. Unanimously, OK.
    And then, on just jobs that are being displaced, right now 
jobs are being shut down in the energy sector all across this 
country. Day one it was the Keystone Pipeline. Now we are--you 
know, we talk about wanting to manufacturing in the United 
States. We are shutting down mining. An Arizona mine--was it a 
cobalt mine? Minnesota, another mine being shut down.
    I think, when it comes to solutions--and I appreciate the 
chairman talking about wanting to work together--I would 
welcome working together, but working together is not having 
the majority tell us, ``Oh, here is a bill, will you support 
it?'' And that is how--you know, this American COMPETES Act, 
our input has not been offered. It is, ``This is what we put 
together. We have changed''--you know, some of the bipartisan 
bills that we did work on were changed when they were included 
in the draft. We are ready to come to the table. We need to be 
included earlier on in the process, not just told, ``This is 
our solution, will you join us?''
    OK, so on to the issue of rising costs in the United States 
of America. Dr. Richey, I shared a story about the mom that is 
struggling to find formula for a newborn. Can any--can you--so 
I would like to start with Dr. Richey, and if anyone on the 
panel can tell me yes or no, does this legislation in front of 
us address her struggles?
    And I just would like to ask a quick yes-or-no of the 
panel, starting with Dr. Richey--the panelists.
    [Pause.]
    Mrs. Rodgers. Dr. Richey, would this legislation help the 
mom that is trying to find formula?
    Dr. Richey. Yes, so I would say that it doesn't. 
Unfortunately, it does not address the supply chain crises and 
disruptions. Those disruptions create scarcity in the 
marketplace, and scarcity is what allows for price gouging and 
it creates opportunities for increases in prices.
    Mrs. Rodgers. OK, OK. Mr. Harman?
    Mr. Harman. I mean, I don't know the situation, but I would 
say it is not a supply chain legislation.
    Mrs. Rodgers. Mr.--Doctor, I am sorry, Dr. Mabud?
    Dr. Mabud. Yes. Part of what we are seeing here is really a 
need to address supply chain issues, which allow corporations 
to engage in profiteering and price gouging. And so this is--
this piece of legislation is one piece of the puzzle in making 
sure that mother is able to provide formula for her child.
    Mrs. Rodgers. So--OK. And Mr. Frasch? Ms. Frasch, I am 
sorry.
    Ms. Frasch. Right. You know, we have seen some supply chain 
issues in our local stores. And part of the reason why the 
local stores were charging more money was because [inaudible] 
in order to get the items. So if the supply chain issue 
[inaudible] be corrected, then you [inaudible] have the price 
increases, which potentially could be caused by price gouging, 
starting from the----
    Mrs. Rodgers. OK, right. So I appreciate that. I appreciate 
you highlighting that, when supplies are not available, prices 
go up. And right now, in the energy--you know, we see our gas 
prices going up, nearly doubling the price of gas. And you 
know, it is--and then the oil and gas companies are accused of 
gouging consumers.
    And you know, this isn't something new. One hundred years 
ago--I would like to submit for the record a tweet from the 
former White House official, Bob McNally. He shows a newspaper 
reporting that--one of the earliest FTC investigations of 
illegal market manipulation in the gasoline market dating back 
to 1920. They found no evidence of anti-competitive behavior 
then. And guess what? I don't believe they are going to find it 
now. It is an issue of supply and demand.
    Putting aside the fact that the President wrote to the FTC, 
which is supposed to be an independent agency, and not to be 
influenced by the White House, Dr. Richey, what do you think 
of--the Administration should be focused on, in terms of 
securing our energy supply and keeping prices down?
    Oh, and I am over. OK. Dr. Richey, I would appreciate you 
answering that question at a later time.
    Madam Chair, I am sorry. I yield back. I appreciate your 
indulgence.
    Ms. Schakowsky. Thank you very much. I will refrain from 
trying to respond. We can talk later, and let me now call on 
Mr. Rush, Bobby Rush, my colleague from Illinois, for 5 minutes 
for his questions.
    Mr. Rush. I want to thank you, Madam Chair and the Ranking 
Member for this hearing. And on the onset, Madam Chair, I 
wanted to let you know that I am writing a letter to you 
requesting a hearing to address the allegations of racism that 
have been leveled against the National Football League by Brian 
Flores.
    That said, Madam Chair--Mr. Harman, in your testimony you 
mentioned how price gouging ``specifically targets people at 
their most vulnerable--and their most vulnerable.'' Have you 
seen any evidence to suggest that racial minorities or low-
income people are more likely to be subject to price gouging?
    If so, what specific actions can we take today to stem this 
abuse?
    Mr. Harman. So the short answer on the front end is no, not 
specific empirical evidence of racial discrimination in price 
gouging.
    However, price gouging is primarily on items that are 
essential items, staples, things that people need now. And the 
people who tend to be faced with price gouging are people in 
emergencies--with the economic crisis, with economic hardship--
and people who are able, with means, to accommodate increased 
costs in their monthly budget are less affected by those 
increases.
    And people who are on fixed incomes and limited budgets, or 
are suffering unemployment or economic hardship due to the 
emergency are going to be affected more directly and, 
therefore, disproportionately impacted. And so that tends to be 
people at the lower end of the economic scale, and people in 
poverty, and that disproportionately, unfortunately, affects 
people of color.
    Mr. Rush. Thank you.
    Ms. Frasch, in your testimony you discuss how 
Pennsylvania's price gouging statute only applies to 
``personal, family, or household purposes,'' and therefore 
excludes the business sector. I am deeply concerned about the 
real-world impact of this type of limitation, including reports 
of price gouging by health care staffing agencies.
    For example, Safety Net Hospital in Chicago reports 
budgeting 130 to--$1.30 to $1.50 an hour for agency nurses, 
where one hospital in my district--paid $2 million per month. 
These agencies are pocketing a significant portion of what they 
charge for profits. Under--unless things change, many hospitals 
serving underserved communities will have to reduce their 
services, limiting access severely to needed health care. This 
is just one example of how price gouging in the business sector 
has a direct impact on consumers.
    With that in mind, do you believe that the Federal price 
gouging legislation should address the business sector?
    Ms. Frasch. Yes, I share your concern deeply on the issue 
that you just raised. And yes, we did see issues where the 
government, where schools, hospitals, you know, fire stations 
were trying to protect themselves by getting PPE, and even 
cleaning services to try to mitigate any spread of the virus. 
And because our statute did not apply to those types of goods 
or services, we were unable to, you know, make sure that they 
didn't pay, you know, for things that they shouldn't have paid, 
or paid extra money for things they shouldn't have. But this--
yes, this bill would address that shortfall.
    Mr. Rush. Thank you very much.
    Madam Chair, I yield back.
    Ms. Schakowsky. The gentleman yields back. Before I call on 
the next member, let me just say I am going to have to excuse 
myself for a few minutes. And in the meantime, the vice chair 
of the subcommittee, Mr. Cardenas, who is--will chair the 
subcommittee virtually, and I will be back as soon as I can.
    But now let me call on Mr. Upton for his 5 minutes of 
questions.
    Mr. Upton. Well, thank you, Madam Chair, and I sort of wish 
that we had a witness from the Administration here to answer 
some of our questions, because I have got to say--and I think 
many of us, certainly on this side of the aisle, would agree 
that our economy is in a world of hurt, and it has not been 
overnight. And I would also say that inflation is at the very 
top of the list.
    For more than a year--actually, a couple of years--as I 
travel around my district, but I am sure as everybody does on 
both sides of the aisle, there is not an employer out there 
that isn't looking for more people to work.
    I met with my home builders last week in Michigan. They 
have got a lot of folks in, ``We want to build a new house, we 
want additions.'' They don't have the workers to help that.
    You know, your restaurants, your hotels--your hotels 
don't--they are not offering daily cleaning if you are going to 
stay there for the weekend. They will clean it before the next 
guest comes if you are there for a couple of days, but they 
don't have the staff.
    Talk to the auto industry. They are looking for parts. You 
know, I have got a company in my district, they are looking for 
200 auto workers just to make axles for autos.
    You look at chips. You know, they had a great announcement. 
I talked to my colleague, Mr. Latta next to me here, and just 
did a huge chip thing in Ohio last week with most of the 
delegation. You have got people on both sides of the aisle, 
from as far left as Joyce Beatty to as far right as Jim Jordan. 
I mean, there is nobody on the outside of that flank, I don't 
think. The Senate passed a bill last year in June with nearly 
70 votes, and we can't get a chips bill on its own that we can 
all vote for here.
    Talk about the autonomous vehicle legislation. We passed 
that in this committee under Greg Walden, Chairman Walden. 
Every member voted for it here. Maybe one, maybe Justin Amash 
voted against it in the Senate, but he was--you know, it passed 
with over 400 votes. And four years later we are letting China 
run forward, as we haven't come back with a bill. And we had--
despite our vote, we couldn't get it done in the Senate.
    Even the IRS is looking for thousands of people to process 
these returns, and people can start sending in this --last 
week.
    I could remember in my district the little town of Coloma. 
I think it has got two traffic lights. And across the street 
from the McDonald's, for the entire summer, there is a yard 
sign there: ``Truck washers wanted, $18.00 an hour.'' I mean, 
basically, you need a good pressure hose and maybe a couple of 
brushes to do something like that.
    So inflation is a big issue. And you can't drive on the 
highway if you pass a truck or if a truck passes you without a 
sign on the back of it that says, ``We need you.'' We know 
about those truck-driving shortages. We--you know, I think just 
yesterday I saw FedEx was going to limit their priority 
deliveries because they don't have drivers.
    And this morning I got an email from a guy that I don't 
know, but he said we have just learned that the FMCSA--that is 
the Federal Motor Service--has a new regulation going into 
effect on Friday, this Friday, that is going to limit the ways 
in which employees can earn a commercial driver's license. The 
new rules require all drivers to attend a three-week or seven-
weekend course. And it is going to increase the cost of earning 
a CDL from the current levels of $1,000 a driver to $15,00 a 
driver, including training costs and wages. It is going to be 
prohibitive for small businesses and individuals. It is going 
to exacerbate a serious shortage of the already severely 
limited supply of commercial drivers. ``Businesses like mine 
simply can't afford it without a sharp and immediate price 
increase that the market won't bear. And soon to come, deeper 
labor shortage will limit our capacity to conduct crucial 
infrastructure work.''
    Those are the stories that we need to be addressing here. 
You can't--and we know about energy costs. Good grief, the 
price of the pump is going to be four bucks by spring. We have 
this winter that is upon us now. It is hitting the rest of the 
country. As we see these storms, it is the leading story on the 
news.
    Gas prices, the natural gas prices are up 30, 40 percent 
from where they were before. So our farmers need that, but so 
do our workers and families struggling to make ends meet. So 
you know, the idea that we are going to shut off the pipelines, 
that we are going to--we are going to limit our efforts to 
identify and produce North American energy here, instead of 
coming from overseas, all of those things tip the dominoes the 
wrong way, as it relates to inflation and trying to get our 
economy back on track.
    So I am sorry I didn't get any questions here. I would like 
to have all of you comment, but I can see that my time has 
expired. So with that I will wave the white flag for this 
hearing, and I just wish we had someone from the Administration 
that could help answer some of these questions, instead of----
    Mr. Cardenas. [Presiding] Thank----
    Mr. Upton. --got today. And with that----
    Mr. Cardenas. Thank you.
    Mr. Upton [contoinue]. Madam Chair, I yield back.
    Mr. Cardenas. The gentleman yields back. Next we recognize 
Representative Castor for 5 minutes.
    Ms. Castor. Thank you, Mr. Chairman, and thank you to all 
of the witnesses who have appeared today. This is a very 
important hearing on how we can address price gouging.
    Price gouging is so maddening for everyone, and I hear it 
from my neighbors back home in the Tampa Bay Area and in the 
State of Florida. You know, from the beginning of the pandemic 
in 2020 we saw these unconscionable price spikes for masks and 
other PPE for medical supplies, toiletries, rapid tests, and 
drugs, as well. In fact, a local TV station, WFTS, had a recent 
report of a local business selling at-home COVID tests for $50. 
That is double the going rate. And fortunately, the 
Administration has addressed that with some of their free COVID 
testing that consumers can order.
    It is--you know, even the Federal Reserve chair said --was 
asked recently why are companies raising prices, and he said, 
``Because they can.'' And this practice is harmful and wrong. 
So I am all in on giving our consumer protection agencies the 
tools they need to help stop it.
    You know, it is not an--it is not a new phenomenon, 
however. Coming from the State of Florida, we see this time and 
time again when a tropical storm or hurricane is approaching, 
where scam artists pop up and they charge consumers exorbitant 
prices for basic goods. And the same thing is happening now 
during this pandemic. But it is some--it seems like even those 
scam artists just aren't as brazen as some of the stuff that is 
going on right now.
    And Dr. Mabud, you have detailed a lot of this in your 
testimony, occurrences of executives trying to explain away 
price increases. Tell me, are these price increases you discuss 
related to underlying cost increases?
    Can legitimate reasons beyond corporate greed explain all 
of the price hikes we are seeing?
    And why do these companies believe they can raise prices 
without facing any consequences from customers or the law?
    Dr. Mabud. Thank you for that question. I will take your 
sort of last point first.
    You know, many--some of the most flagrant profiteering we 
are seeing is by companies who really sell essentials, right? 
These are goods that families need every single day: diapers, 
cleaning supplies. And frankly, they can raise prices because 
people need these goods, regardless of what the price is and 
because these companies are--hold a lot of market share. So if 
Procter and Gamble has, say, 15 different brands of detergent, 
you know, they can jack up prices on all of those different 
brands of detergent, and consumers have nowhere to go.
    But I think the question around input costs is also really 
important. You know, input costs are subject to the same 
brittle supply chain that is weakening our overall economic 
resiliency. We have a system that--where corporate executives 
have really prioritized a just-in-time system, where there is 
no resiliency and redundancy built into our supply chain to 
help our economy weather shocks.
    And so we really need to invest in a system that allows 
companies to get input costs--inputs to their goods 
appropriately. We also need to stem pandemic profiteering where 
it is happening, which is predominantly with large companies 
today and in other crises that you mentioned.
    Ms. Castor. Yes, thank you very much.
    Ms. Frasch, how has the pandemic caused you all to look at 
different approaches to stem the price gouging that is going on 
right now?
    Ms. Frasch. Thank you for that question. So I think, in 
terms of what we were seeing, you know, typically, this--the 
statue that we have in Pennsylvania is something that is very 
local and very geographic to a specific area. Here we saw it 
across the entire commonwealth, we saw it occurring outside the 
commonwealth. And so we had to put a whole bunch of people on a 
task force, where we typically maybe have, you know, one or two 
agents and a couple of attorneys working on it because it is a 
specific area with limited, you know, consumers who are being 
harmed, to the entire state of Pennsylvania having, you know, 
these issues. And you know, we had to dedicate a lot of time 
and resources to investigate, learn, and enforce our law.
    Ms. Castor. Thank you very much.
    Well, I want to urge my GOP colleagues to join us in taking 
actions to lower costs for consumers, whether that is the cost 
of prescription drugs, healthcare in Build Back Better and the 
American Rescue Plan, or it is building up our domestic 
manufacturing base through America COMPETES that is on the 
floor of the House this week. We are taking action. I really 
want to invite our GOP colleagues to join us in doing that, as 
well.
    And I will yield back my time. Thanks so much.
    Mr. Cardenas. Thank you. The gentlewoman yields back.
    Also, members, if you have your microphone on, whether you 
are on Zoom or in committee, can you please double check? We 
have got some tremendous background noise going on right now. 
It sounds like somebody is moving some stuff, or coughing, or 
what have you. So somebody's mike is on.
    So with that, we recognize Congressman Latta for 5 minutes.
    Mr. Latta. Well, thank you very much, and thanks for our 
witnesses for being with us today.
    First, I want to thank the ranking member of the 
subcommittee, and also the ranking member of our full 
committee, for bringing up AV, autonomous vehicles. Just real 
briefly again, this is legislation I sponsored back in the 
115th Congress. We had over 300 meetings in this committee 
alone with our staff. We talked to people across the spectrum. 
We brought out a very good bill. We worked across the aisle, 
and it got unanimous support as it left this committee. Not 
only did it get unanimous support when it left this committee, 
but it was also voice-voted on the floor.
    And as we have seen since that time--bringing back this 
legislation since it went over to the Senate and, 
unfortunately, we couldn't get it over--get it done there, that 
foreign entities across the world are out there, being able to 
get ahead of us in this, and we want to make sure the United 
States is the one bringing this forth, this technology.
    It was also brought up about what is happening on our 
highways. You know, the latest statistic, that horrible 
statistic that just came out, 31,720 people were killed through 
the third quarter of this past year. And this number is not 
going down, it is going up.
    But with that, I think we need to be addressing it and 
getting it going again as soon as possible.
    Dr. Richey, if I could start my questioning with you, 
according to a December small business Optum survey, almost a 
quarter of small businesses said that inflation is the greatest 
problem in operating their business. Small businesses, in 
particular, are not able to absorb supply chain disruptions, as 
well as causing them to charge higher prices to their consumers 
and customers.
    And you know, in your testimony, which I found interesting 
when I was reading it, you brought up a couple of points here. 
You say, ``My concern is that, coming out of the pandemic, 
nearly every company in the country will be able to show 
additional costs, loss of control, negative impacts on profit, 
lost sales, and/or other types of risk incurred through the 
supply chain, including acquisition, production, distribution, 
and sales.''
    You go on to say, ``It is important to remember that prices 
move with the market and across supply chain transactions,'' 
and I realize that because I have got over 80,000--according to 
the national manufacturers--over 80,000 manufacturing jobs in 
my district, and over the last week-and-a-half, when I was back 
in Ohio, going in and out of businesses everywhere, I heard the 
same thing: can't find employees, energy costs going up, 
transportation costs going up, material costs going up.
    The American Truckers Association put out their survey 
saying that they need 80,000 truck drivers right now because of 
the shortage.
    So with that, Dr. Richey, you know, what--in your research, 
what is the impact of the current supply chain crisis on small 
businesses?
    Dr. Richey. Yes, it is all of those different things, which 
are quite dramatic and quite difficult on small business, 
starting with the scarcity that has been created by supply 
chain issues, and trying to get the product into the country.
    But we have also had an issue with labor, certain 
[inaudible] inputs, getting people to the job, and actually 
paying them to drive the vehicles. [Inaudible] difficult thing 
to deal with, as well.
    All of these inputs drive inflation up in this country, 
right? And so price gouging could be a component. But if you 
think about labor costs, when you think about [inaudible] parts 
being scarce, prices going up, when you think about business 
partners having to raise prices to some degree to cover fixed 
costs that they have invested in already, it is, unfortunately, 
kind of natural to see these prices increase.
    Now, obviously, it has the hardest impact on small 
business. And so, you know, the legislation will have to be 
quite careful uncovering, you know, what is really a price 
gouging situation and what is just a natural need to increase 
prices to make sure that a small business can remain viable.
    Mr. Latta. Well, and with my last 58 seconds, let me follow 
up with something else you have in your testimony, which I 
found rather interesting, and I think the--my colleague, Mr. 
Upton from Michigan, was bringing some of this up.
    You mentioned on page three of your testimony adding the 
government to supply chains is highly likely to add touches, 
processes, time, and costs. What is the who, what, where, when, 
and how on that?
    Dr. Richey. Yes. So that type of discussion goes back to 
the von Mises work of the 1950s that shows that government 
intervention raises prices when they get involved in business 
relationships. You know, maybe the relationship between 
bringing your in-laws to come live at your home shows the 
complexity that is created when that happens, and the same type 
thing happens in the supply chain.
    It also can drive trust out of relationships and cause 
relationships to dissolve. So that is kind of what I am getting 
out there, and hopefully I cleared that up a little.
    Mr. Latta. Well, thank you very much.
    And Mr. Chairman, my time has expired and I yield back.
    Mr. Cardenas. I just want to clarify for the record I don't 
think the Federal Government has ever forced anybody to have 
their in-laws [inaudible]. I just want to--hope people didn't 
misunderstand that comment.
    A little levity, people, amongst all the noise. Not the 
noise of the comment, but this background noise is driving me 
nuts.
    Voice. Yes, what is that?
    Mr. Cardenas. Anyway, next--the gentleman yields back. Next 
we recognize Congressman McNerney for 5 minutes.
    Mr. McNerney. Well, I thank the chair, thank the witnesses. 
Great hearing this morning.
    Mr. Harman, currently 39 states, including my state of 
California, have authority to enforce against price gouging 
during emergencies or disasters. You state that most states 
have a law against price gouging during the declared emergency, 
but laws vary very widely. How do different--the differences 
and limitations in state authority hinder our recovery from the 
pandemic?
    Mr. Harman. So I think the inability of the FTC to 
investigate nationwide price gouging, so when you have a 
manufacturer raising prices across the country, it is much 
easier to look at that and figure out where there is cost 
increase, where there is--versus where there is price gouging. 
And for a state that is much harder to see.
    The state price gouging laws, as has been mentioned, were 
really focused on localized emergencies and localized price 
gouging. And what we have seen in the pandemic is widespread 
national price gouging. And while there are investigations, and 
while there is enforcement, as the other witnesses have 
detailed, you really can't get at the core problem that is now, 
as I mentioned, normalizing. And we are seeing it in so many 
more sectors and categories than just, you know, the pandemic-
related PPE-type things we saw initially.
    Mr. McNerney. Well, do you think that online price sellers, 
online sellers, may take what they have learned from the 
pandemic price gouging on the consumers in the future, after 
the pandemic ends?
    Mr. Harman. Oh, 100 percent. And it is a business practice 
that works, and we are now seeing the, you know, the other 
retailers and--traditional retailers and manufacturers mirror 
it in their in their pricing.
    Mr. McNerney. Well, you know, it could be argued that 
corporations are just doing their job to maximize profits by 
price gouging. You could make that argument, right? So what 
does that tell you about the current corporate structure, about 
the current corporate model we have in this country?
    Mr. Harman. We are suffering a crisis of corporate 
concentration in every sector across the economy.
    Dr. Mabud mentioned Procter and Gamble having 15 different 
detergents, and in every sector you find that there are--even 
when there are multiple brands and names, it is really just a 
few--a handful of companies controlling what we buy, and that 
affects consumers, obviously. It also affects the small 
businesses who are attempting to compete with them, but also 
serving as their vendors.
    Mr. McNerney. But what is the solution?
    Mr. Harman. There is a lot of solutions. I think price 
gouging legislation is one of them.
    Mr. McNerney. Right.
    Mr. Harman. So we can investigate where this particular 
harm is.
    But, you know, we really need to focus on where there is 
consolidation that shouldn't be happening, and that is also 
work the FTC needs to do.
    Mr. McNerney. Well, how do state laws fail to provide 
authority to police pandemic price gouging by online platforms?
    Mr. Harman. They are trying, right? And this is a new type 
of price gouging, in the sense that we have a national 
emergency, and that is fairly novel.
    Early on in the pandemic, Kentucky brought a case against 
online sellers, and they ultimately prevailed. But the 
challenge against--what really challenged the core of state law 
was can a state price gouging law dictate the prices, 
nationally? And that is how online sales work, right? Even if 
you are in the state setting the price, it is a national price. 
And again, they ultimately prevailed, but that really cast 
doubt on how state laws, in the absence of a Federal law, can 
address this problem.
    Mr. McNerney. Well, thank you.
    Dr. Mabud, each week I hear from small businesses in my 
district that continue to face an uncertain future, how 
corporate executives and shareholders enjoy record profits. How 
would a Federal price gouging law benefit small business owners 
who are still fighting to overcome losses incurred?
    Dr. Mabud. Yes, I mean, it is absolutely critical to take 
on bad actors in the market to support small businesses. You 
know, small businesses are often--some of the entities in the 
market that are most effected price gouging, particularly 
upstream.
    Consider U.S. Steel, the third largest steel producers --
excuse me, the third largest steel producer in the U.S., 
recently reported that they are raising prices that go beyond 
their input costs, right? Imagine the impact of that on your 
local bike shop, someone--a small business owner who is, you 
know, facing higher input costs, who has seen their profit 
margins decrease, and all--you know, in good conscious, even 
though they are not behaving badly, having to pass those hikes 
onto the consumer.
    And so really, businesses are getting crushed by corporate 
price gouging the same way that consumers are.
    Mr. McNerney. Thank you. I yield back.
    Ms. Schakowsky. [presiding] The gentleman yields back.
    Thank you, Mr. Cardenas, for chairing.
    And now, Mr. Guthrie, you are--it is yours for 5 minutes.
    Mr. Guthrie. Thank you, Madam Chair, and thank you for 
holding this hearing.
    And you know, Kentucky did have price gouging laws, and 
successful. And you have seen a lot of it where people are 
hoarding products and selling on the internet.
    And, you know, looking at the corporate side, I know Kroger 
has been brought up, and the profits from Kroger. But if you 
tell people they can't go out to eat, the grocery stores are 
going to have more volume and make more money. So the question 
is, are they price gouging or are they just--I know their 
profits have gone up--or is it price gouging?
    And one good example I remember, I have a lot of--there are 
fewer now--but dairies in my district, and dairies were pouring 
out milk while you couldn't get milk at the grocery store. And 
of course, as they are bringing it to my attention, I wanted to 
get to the bottom of it, and started asking around and finding 
out around, and the problem was most--a good portion of milk, I 
forget the percentages, but I talked to people in the milk 
industry--went to institutions, so they went to schools. We 
shut schools down. They went to universities, we shut 
universities down. And there weren't enough gallon jugs. That 
was the problem, the kind of things that you sell at a grocery 
store.
    So on the face of it, you would see on the news people 
dumping milk because it didn't--you can't store it long enough. 
And it was a supply chain issue, it wasn't somebody purposely 
trying to gouge or move forward--and so those are the things 
that we have to be careful of.
    When people go out and buy all the hand sanitizer they can 
buy, and try to corner the market on the hand sanitizer, and 
then sell it to you online, that is one thing. But I would just 
like to see the example--since Kroger has been brought up with 
them price gouging. I have three in my town, and I will 
certainly do whatever I can to point out where they are price 
gouging, where that is, not just that they are--and the 
opposite side, I can show you a lot of restaurant owners who 
are--were not profitable in the last couple of years. And so it 
moves forward.
    I want to talk to Dr. Richey.
    And one thing, you know--and I said I heard that Kroger 
decreased wages, I think that was--I think Kroger is--in my 
area it is represented by a bargaining unit, and I will tell 
you they have signs up everywhere for work. So I am--I would 
like to see the data on that, if that is possible.
    But Dr. Richey, you were talking about just trying to find 
workers. I know the Kroger that I go to in our area, Meijer's-- 
Peter Meijer is in Congress--we have a Meijer, I go there as 
well, and Walmarts--I will just hit them all--and they are all 
looking for workers.
    And so the question is, Dr. Richey, there has been 
several--I think some panelists here that talk about expanding 
and increasing unemployment benefits. How has that affected the 
supply chain, the increased unemployment benefits, and what 
would happen if--you think--if we expanded the unemployment 
benefits with the bonus--Federal bonuses of which--I think I 
voted for it in the original because of the--I did, because 
of--the whole economy was shut down. And--but now that we are 
looking for workers, how would that affect it?
    Dr. Richey. Yes. Well, first let me point out that we are 
definitely looking for workers, and it is a big problem. And, 
you know, across the country people are saying, ``Where did the 
workers go?'' And so we are hopeful to see those folks come 
back.
    We had an interesting situation going on around the 
holidays this year, right, where we had a number of vehicles 
that were trapped off the coast. We had poor flow of product 
across the United States. We had truck drivers that weren't 
able to come to work and move that product, and we had already 
had a problem with that level of capacity [inaudible].
    At the same time we had a lot of money dumped into the 
system, right, to try to help people that were unable to make 
money. And we also have opportunities to encourage them to buy 
or purchase early, or panic-buy based on their concerns or on 
worrying that they weren't going to get their holiday gifts. 
That combination of economic stimulus, while the supply chain 
was stopped, that created a dramatic disruption, and we are 
still shaking that out today.
    So we need to really ask questions about whether or not 
doing something like that would exacerbate the situation and 
make it even worse.
    Mr. Guthrie. Do you think that it would? I mean [inaudible] 
ask the question, do you think that it would?
    Dr. Richey. I would say until there is, you know, a break 
in some of these different points where, you know, ports or the 
trucks, I think that adding--increasing demand would make it 
worse.
    Mr. Guthrie. OK. Just on a--related, but just a little 
separate, I know you talked to AEI on the blockchain 
technology, so it is--I know our committee is interested in 
that.
    So blockchain technology has many applications, including 
increasing privacy and data security. Would you highlight your 
conversations with AEI on how blockchains can assist supply 
chain management?
    And I have about 30 seconds. Can you elaborate on how this 
technology can be beneficial for supply chain management?
    Dr. Richey. Yes----
    Mr. Guthrie. In 30 seconds.
    Dr. Richey [continue]. It lets you, you know, diversify and 
move all of your information to a digital platform that makes 
it available to all of the members of the supply chain.
    It also allows those transactions to be governed by the 
members of the supply chain. So if something nefarious happens, 
like price gouging, you would be able to see it across the 
blockchain.
    So we are still in the early stages of implementing that. 
Some companies are testing it out, but it is a great 
opportunity. We will see if we can get it moving as rapidly as 
we need it.
    Mr. Guthrie. Thank you. My time has expired, and I yield 
back. I appreciate your answer.
    Ms. Schakowsky. OK, Mr. Cardenas, the next 5 minutes are 
yours.
    Mr. Cardenas. Thank you very much, Madam Chairwoman, thank 
you so much for having this hearing, and also to the Ranking 
Member Bilirakis. I want to thank both of you. This is a very 
important hearing, and very informative for all of us.
    Time and time again, throughout this pandemic we have seen 
the most vulnerable communities among us suffer the most, while 
the wealthy find a way to make it through without the 
devastating fallout that others receive. COVID-19 has 
highlighted glaring inequalities in our society. And when the 
wealthy exploit that for profit, we in Congress cannot turn a 
blind eye.
    I want to thank you, Madam Chairwoman, again for 
introducing this legislation. No legislation is perfect, but we 
shouldn't wait for the perfect to make sure that we protect the 
American people from exploitation.
    Dr. Mabud, in your testimony you described the willingness 
of some corporations to take advantage of the steady demand for 
basic household items like diapers and household cleaning 
supplies, even in the face of price hikes. These items are not 
luxuries, they are necessities. As an economist, can you speak 
to the impact that targeting basic products like these is 
having on Americans in low-income communities?
    Dr. Mabud. Yes, thank you for that really important 
question. Low-income communities, especially communities of 
color, are disproportionately affected by price gouging. Higher 
prices, particularly on essentials, just simply eat up a bigger 
proportion of already strapped household budgets. We know that 
low-income communities are more likely to be communities of 
color and, therefore, are feeling the effects of price gouging 
more acutely.
    The other thing to remember is that these workers, by 
definition, are low income, right? They are having a hard time 
accessing good jobs in the labor market. They might be facing 
discrimination, or occupational segregation, and other barriers 
to labor market entry. So low-income folks, particularly low-
income folks of color, are really hit from all sides. They have 
rising prices at the checkout line and they have a higher, 
harder time accessing good, well-paid jobs.
    Mr. Cardenas. Well, thank you. So right now, during a 
pandemic, we have some folks who are working two and three 
jobs, maybe a single parent, and needing to buy diapers. You 
mentioned that being one of the products that seem to have gone 
up in price, while it appears that some of the companies that 
actually provide those essential products are actually making 
larger profit margins. How do we reconcile that?
    Is it really a supply chain issue, or is it, as you 
mentioned, ``tailored price increases,'' which is what one of 
the C-suite executives was explaining--was it during some kind 
of meeting of their shareholders or something?
    Dr. Mabud. I mean, simply put, this is corporate greed, 
right? These companies have enormous market power. They have 
the dominance to set prices on goods across the market because 
they are so big. And the companies like, you know, the ones 
that sell diapers, you know, are selling products that people 
need, and they know that, right?
    The point about price elasticity essentially refers to a 
consumer's responsiveness to prices. And when you have 
essential goods, consumers are not responsive to price 
increases because they are essential. And so what we are seeing 
now is simply these big corporations taking advantage of the 
most vulnerable at a point where they are at their most 
vulnerable, and padding their profits.
    I mean, that is the other point here. Like, you know, these 
CEOs, these executives, these shareholders are just raking it 
in, all while consumers are paying more for essential goods at 
the checkout line.
    Mr. Cardenas. Thank you. In your testimony you also touch 
on the pain being felt by small business owners who must 
compete with giant companies like Walmart and Amazon for 
inventory. You reference a quote by one small business owner 
who said that his contracts for inventory were ``not worth the 
paper they were written on.'' Can you describe how these large 
firms are using their size to crowd out small businesses when 
it comes to getting their products to their shelves?
    Dr. Mabud. Yes. Big businesses are able to negotiate prices 
better than small businesses, right? That is simply because of 
their market power.
    So one example from the latest issue of the American 
Prospect is Walmart in town is able to negotiate $1 boxes of 
Duncan Hines cake mix, which is the most popular cake mix in 
the area. The local grocery store, on the other hand, can only 
manage to squeeze out a seasonal discount that brings the price 
of these cake mixes down to 1.32. So in that case, when that 
small business can't, you know, push around using its power, 
the prices that it can sell its products for in the store, you 
know, how can you expect that small business to compete?
    So it is really important to--you know, in order to have a 
thriving small business community we have to tackle the power 
that these mega-corporations have over prices.
    Mr. Cardenas. Thank--Dr. Mabud, I only have 20 seconds.
    So I have a question. Does--has history borne out that, 
when larger companies squeeze out smaller competitors, that, 
once the smaller competitors are off the playing field, that 
the larger companies tend to increase their prices, regardless 
of what the market can bear?
    Dr. Mabud. Absolutely, and my colleague on the panel can 
speak to Amazon, which does this frequently.
    Mr. Cardenas. Thank you very much.
    My time has expired. I yield back, Madam Chair, thank you 
so much.
    Ms. Schakowsky. Thank you.
    And now, Mr. Bucshon, you are recognized for 5 minutes.
    Mr. Bucshon. Thanks, Madam Chair. I don't support price 
gouging. However, I am finding it hard not to point out the 
hypocrisy in front of us today. The Hoosiers I represent aren't 
paying more at the pump or more in their everyday groceries 
because of price gouging. They are paying more because of 
inflation.
    This legislation won't restock the bare grocery store 
shelves or car lots scattered throughout my district and the 
country. These problems originate from larger market factors, 
and COVID, of course. And the Biden Administration's failure to 
address these problems is only adding fuel to the fire.
    Indiana is currently bracing for a heavy snowstorm today, 
with temperatures dropping rapidly, and most Hoosiers are going 
to be left wondering how they will pay for their heating bill. 
But instead of looking at solutions that will help lower energy 
costs, Democrats in Washington are attempting to add even more 
taxation in their massive Build Back Better bill that would 
increase each household's heating bill by $242 a year, not to 
mention the fact the Biden Administration continues to block 
the creation of pipelines that would help lower energy prices, 
and terminating oil and gas leases on public lands in the U.S., 
ironically, while asking OPEC to send more oil and then 
improperly tapping our Strategic Oil Reserve because the 
American people are noticing the price is going up. You really 
can't make this stuff up.
    My point being I wish we could get serious and look at the 
real problems, so that we could come up with real solutions. 
Running to the FTC to investigate gas prices every time they go 
up isn't a serious exercise, and it only ignores the real 
problem. Advancing policies that promote energy independence 
and production at home is a real solution. Supporting policies 
that incentivize people to get back to work is a real solution.
    I hope this committee doesn't get too distracted by today's 
hearing that it forgets to pay attention to the real issue of 
why our constituents are paying more for everyday items, and 
that is inflation. It is a good try by the majority to try to 
change the narrative. Unfortunately, the American people, I 
think, know the facts.
    Dr. Richey, a question for you. I didn't--I do not believe 
that the legislation before us today adequately factors in the 
effects that overly burdensome government regulations and 
policies have on price increases. This is something the FTC and 
state AGs must adequately consider when determining if price 
gouging has occurred. Because again, what we are seeing today 
is in response to inflation, not price gouging.
    Dr. Richey, do you believe it is important to consider key 
factors such as labor shortages, government interference, and 
other market factors when determining if price gouging is 
occurring or not?
    Dr. Richey. Yes, that is absolutely true, and it is 
absolutely something that should be considered. Certainly, I 
would like to look at research on labor costs that show that 
they are not having an impact on price. I can tell you the 
anecdotal evidence, in talking to truck driving companies, 
manufacturers, [inaudible], and distribution businesses, their 
prices are being increased because of the dollar figures that 
they are placing on labor.
    Now, in some places you may see that reduced, because they 
can't get the people to come to work and pay [inaudible]. And 
in that instance, the product is not going to flow through the 
system.
    There are a number of different things that impact 
inflation, and you touched on some of those things [inaudible] 
money into the economy [inaudible], which doesn't. Restriction 
on distribution causes scarcity, which doesn't. The labor costs 
cause that issue, as well. And even though it is nice to 
receive a higher pay rate, we should expect to see prices 
increase as those pay scales go up.
    Mr. Bucshon. Thank you. Were the factors I laid out and 
we--and you just talked about referenced anywhere in this 
legislation?
    Dr. Richey. I don't believe they are, sir. No, sir.
    Mr. Bucshon. Do you think that leaving language vague for 
what qualifies as grossly [inaudible] would further enable the 
FTC to be used as a political tool that targets the 
Administration's chosen enemy of the day?
    Dr. Richey. Well----
    Mr. Bucshon [continue]. America?
    Dr. Richey. Yes, yes. That is tough to answer, but I would 
say that there is a lot going on. There are a lot of dynamics 
here, and I am not certain this is the key issue.
    I try to get executives and students to focus on core 
issues, root causes of these things, and I feel like this is 
not a root cause. It is an effect of the other things that we 
see out there in the marketplace.
    Mr. Bucshon. Thank you very much. I recently was at the 
Port of LA and saw some of the problems there. In fairness, 
there is a labor shortage there for a variety of reasons. And 
COVID is still a factor, no doubt. But it is a difficult 
problem, but we certainly need to be offering real solutions, 
and not having hearings trying to cast blame at our free market 
economy.
    Thank you, I yield back.
    Ms. Schakowsky. The gentleman yields back, and I invite 
Congresswoman Dingell for 5 minutes.
    Mrs. Dingell. Thank you, Madam Chair, for holding this 
important hearing, all the witnesses for testifying today.
    I do think that this is an important hearing because we all 
remember how, early in the pandemic, toilet paper, hand 
sanitizer, PPE, and other essentials saw skyrocketing prices 
amid consumers' immediate panic in preventing the spread of 
COVID-19. In 2020 the Michigan Attorney General's Office 
received 4,522 price gouging complaints, and this was the first 
time price gouging made the top 10 of the most frequent 
consumer complaints in the state.
    As we continue to grapple with the impacts of the pandemic, 
consumers and their families are still struggling. I agree that 
inflation is real, with my colleague, but they are struggling 
with rising prices for common household goods amidst a robust 
economic recovery. And you--corporations are posting record 
profits.
    It is the responsibility of Congress to ensure that 
corporations are not taking advantage of consumers during this 
emergency to increase their profit margins through price 
gouging. So I want to talk about the downstream supply chain 
impacts.
    One of my concerns is the impact of price gouging within 
the supply chain, and its impact on downstream prices, much of 
what falls ultimately on the consumer. Dr. Mabud, in your 
testimony you highlight how price gouging further up in the 
supply chain can force small businesses to pass on price 
increases to the consumer due to higher production or other 
input costs. Can you go into the additional details on how this 
practice disproportionately hurts smaller businesses?
    Dr. Mabud. Yes, absolutely. I mean, given the extreme 
consolidation in product markets, bigger companies simply have 
power to set prices in a way that smaller businesses don't. And 
that power is, in many ways, magnified when those big 
businesses are sitting higher up on the supply chain and 
passing those prices, those input costs, down to smaller 
businesses.
    You know, the owner of Country Fresh Farm Markets, a local 
grocery store in Cincinnati, you know, confirmed that he was 
being able to--forced to sacrifice his own margins entirely 
because of the prices that big businesses like Procter and 
Gamble are setting.
    And as mentioned before, you know, when we see the input 
costs of things--goods like, you know--as input costs of things 
like steel go up, that has deep implications for small 
businesses across the country that rely on those inputs to for 
their own goods and their own well-being.
    Mrs. Dingell. So Dr. Mabud, again, would addressing supply 
chain bottlenecks such as critical funding for semiconductors, 
and increasing domestic manufacturing capacity help to prevent 
price increases further up in the supply chain from translating 
into higher costs for small businesses and consumers?
    Dr. Mabud. The short answer is yes. We are living in a 
world where we have turned our supply chains over to big 
corporations. You know, they have really maximized short-term 
returns. They--these companies have essentially carved away at 
our supply chains until what we are left with right now is this 
brittle knife-edge system. And so small businesses are 
completely at the mercy of a system that can be thrown out of 
whack by something as simple as a storm halfway across the 
world, or a COVID outbreak in a factory.
    So investing in our supply chain, ensuring that we have 
redundancy and domestic capacity for certain--for key pieces of 
our supply chain will help ease bottlenecks and create a more 
predictable and reliable system for small businesses, which 
sets them up for success.
    Mrs. Dingell. So I am down to about a minute, so I am going 
to ask Dr. Mabud, Mr. Harman, Mr. Frasch, would--and ask you to 
be short, yes or no--would addressing supply chain 
vulnerabilities through the America COMPETES Act alleviate some 
of these issues, yes or no?
    Start with Dr. Mabud.
    Dr. Mabud. Yes, it would alleviate some of these pressures.
    Mrs. Dingell. Mr. Harman?
    Mr. Harman. It likely would, yes.
    Mrs. Dingell. Ms. Frasch?
    Ms. Frasch. Yes, it likely would.
    Mrs. Dingell. So I want to thank you again for all of the 
witnesses being here today, and to Chairwoman Schakowsky for 
holding this important hearing. Congress has to take immediate 
action to address gaps in our supply chain that are having a 
crippling effect on our economy and leave consumers vulnerable 
to predatory [inaudible]. In the face of the COVID-19 pandemic 
and future emergencies, this have life consequences.
    And with that, Madam Chair, I yield back the balance of my 
19 seconds. Thank you.
    Ms. Schakowsky. Thank you very much.
    And now, Mr. Dunn, it is your opportunity to ask questions 
for 5 minutes.
    Mr. Dunn. Thank you very much, Madam Chair. I appreciate 
the opportunity to discuss the important issue of rising prices 
across America today.
    You know, my constituents constantly express how out of 
control inflation across all goods and all services is 
affecting their daily lives. It is clear that all of our 
members hear the same thing from their districts, as well. As 
Members of Congress we have a responsibility to address and 
reverse the economic trend which is caused, frankly, by this 
Administration's failed policies.
    We all know price gouging can be a serious issue, 
especially during states of emergency. However, when we study 
the issues facing today's economy, we must consider all of the 
factors that are contributing to the price increases in our 
nation over the last 12 to 18 months. We have the worst 
inflation in nearly 40 years. It is destroying the purchasing 
power of everyday Americans. We can't allow uninformed policy 
to make this problem even worse.
    So, Dr. Richey, you described our supply chain as 
struggling to meet demand. Yet the Biden Administration 
continues to push more Federal spending, which leads to 
increased demand.
    And I want to focus on the other contributing factor here: 
the pressure on the supply chains and labor shortages. 
President Biden's ineffective vaccine mandates have exacerbated 
the labor shortages, putting upward pressure on inflation. Our 
Federal Government is hurting our nation's suppliers, just as 
they try to get back on track.
    So Dr. Richey, can you briefly describe how a workforce 
which has been incentivized to not work, and even highly-
skilled workers are being driven out of work, how does that 
contribute to rising prices?
    Dr. Richey. Yes, certainly that is a major issue. Getting 
labor back to work has been a problem, of course, over the 
entire pandemic.
    I can tell you in our scenario, even with undergraduate 
students, our students are back from their internship in the 
summertime before their senior year, and 75 percent of them 
already have a job. Those options are out there, and they are 
everywhere. Without people in those positions, you can't move 
product, you can't get enough supply to meet demand in those 
different marketplaces, and that is going to have a significant 
impact on price, because those companies have to cover costs.
    Mr. Dunn. You are right, so I agree with you. I asked the 
question because so many other companies are, in fact, 
mandating their employees to get vaccinated in order to return 
to work. Or worse, they are terminating them if they aren't 
vaccinated. So labor shortages do affect supply chains and 
cause prices to rise.
    Let me just, on a side note, say I have a fondness for 
Auburn in my heart there, Dr. Richey. I have a son who is a 
physicist, graduated from there, and so War Eagle, right?
    Dr. Richey. Yes.
    Mr. Dunn. Another question for you, though. We know short 
supply, combined with the increased demand, contributes to 
inflation. But we are missing an opportunity this week to do 
something about that. China has this 2025 plan to grow 
industry, but we are pushing policies that restrict production 
in energy, transportation, and labor sectors, while 
simultaneously pushing enormous Federal spending and easy 
monetary policies.
    Do you believe reducing the Federal spending and providing 
appropriate regulatory relief would help alleviate the ongoing 
strain on supply chains?
    Dr. Richey. Yes, I definitely think that regulatory relief 
will help. That is one of the things that makes it difficult 
for product to move and [inaudible].
    Certainly what we see going on in the Port of LA and Port 
of Los Angeles is an example of those restrictions that are 
making things difficult to move. And if we can find some way to 
reduce those regulations, which to some degree those ports 
have, it will help things move in that direction.
    We also see regulations around truck driving. Certainly in 
California it is quite difficult to get into that market if you 
are an independent contractor. Independent contractors choose 
to be their own bosses. They don't want to be part of major 
corporations. They are choosing not to go into California for 
that reason, because of the laws that exist there. That takes 
about 20 percent of the truck drivers out of the picture to 
move product out of California.
    And so----
    Mr. Dunn. So to your point, I think we all know that the 
Producer Price Index--I want to focus on that just for the last 
few seconds--the Producer Price Index, which is the wholesale 
version, if you will, of the CPI, Consumer Price Index, it is 
up almost ten percent year on year. You know, this spells a 
structural inflation for our country that I think has nothing 
to do with price gouging, and nor is it a transitory problem 
with inflation.
    I appreciate the time to get--look into this today, Madam 
Chair, and thank you, members of the hearing, witnesses, to--
for joining us.
    Ms. Schakowsky. The gentleman yields back, and now I 
recognize Congressman Kelly for 5 minutes.
    Ms. Kelly. Thank you, Chair Schakowsky, for holding this 
hearing, and to the witnesses for appearing today.
    It is [inaudible] at the beginning of the pandemic, when 
toilet paper and hand sanitizer were precious commodities. 
Shelves were cleared out, and purchases were limited. 
Unfortunately, disasters often magnify social inequality, and 
disproportionately fall on minority communities, as the 
Department of Consumer and Worker Protections in New York City 
found last year in their report on price gouging.
    Dr. Mabud, what are some underlying economic conditions 
that make some communities more vulnerable to price gouging?
    Dr. Mabud. I mean, simply put, price gouging affects lower-
income communities disproportionately, because it eats up a 
larger proportion of their budgets. You know, families, whether 
you are rich or poor, you need a diaper. But that diaper is a 
bigger part of your budget if, you know, you have a child. And 
so that is one of the key factors that is really harming 
communities, low-income communities, right now.
    Ms. Kelly. And thank you for that. Price gouging after 
emergencies is often a local problem where local enforcement 
agencies are best suited to address it. That is why it is 
critical that Federal price gouging legislation serves as a 
baseline of protection for people, while allowing states to 
keep their existing authority to go after profiteers.
    Ms. Frasch, as someone who has brought price gouging cases 
during the COVID-19 pandemic and witnessed consumer harm up 
close, do you agree that additional enforcement tools from 
Federal gouging legislation would help your office protect the 
people of your state?
    Ms. Frasch. Yes. Currently, our price gouging act doesn't 
even have protection over Pennsylvania, and so any Federal 
legislation to give us authority to enforce would certainly 
bring more protection to Pennsylvania, and then also having the 
FTC as a partner would be helpful, as well.
    Ms. Kelly. And how would this ensure that existing state 
authorities are complemented, but not weakened in any way?
    Ms. Frasch. I believe the way the bill is proposed allows 
for both the state enforcement tool to continue, while having 
this additional tool for those states who don't have 
enforcement authority, or at least to have a floor that would 
be across the board for all the states and the FTC.
    Ms. Kelly. Also, your testimony highlighted some 
limitations of Pennsylvania's existing price gouging law. Can 
you cite some specific examples of cases or types of cases your 
office could not bring or could not consider bringing because 
of these limitations?
    Ms. Frasch. Correct. So like I mentioned earlier, you know, 
any time that we receive tips from a fire company, or from a 
hospital, or from a school, or a government agency who is 
trying to get PPE for their staff, or to supply for, you know, 
for their well-being, we were unable to apply our state price 
gouging law to that particular transaction.
    Ms. Kelly. And then having the authority of this law, that 
would have changed your assessment of these matters?
    Ms. Frasch. That is correct.
    Ms. Kelly. And lastly, your testimony talks about how 
important it is to prevent price gouging before it occurs. In 
your experience, do you believe an authority--in the authority 
to seek civil penalties in price gouging cases is an effective 
deterrent?
    Ms. Frasch. Yes. In most cases we did not seek significant 
penalties. We believe that, you know, when we sent out cease 
and desist letters and the threat of a penalty to continue 
price gouging, it deterred that continued conduct. So having a 
penalty at our--in our toolbox certainly is helpful, but it 
doesn't mean that it necessarily will apply. And I do believe 
that it did deter quite a lot of price gouging in Pennsylvania.
    Ms. Kelly. Thank you so much.
    And Madam Chair, I yield back.
    Ms. Schakowsky. The gentlewoman yields back, and now Mrs. 
Lesko.
    I recognize you for 5 minutes.
    Mrs. Lesko. Thank you, Madam Chairman. This mask that I was 
just wearing was made in China. This is the mask that was 
provided to us from the U.S. House of Representatives. And then 
the test kits, the COVID home test kits that taxpayers paid 
for, and are given--shipped out to Americans, is also made in 
China.
    And so, Dr. Richey, since you are an expert on supply chain 
issues, I was hoping you could tell me if you have any ideas of 
how America can be less reliant on China.
    Dr. Richey. Oh, sure, absolutely, I can. And thanks for 
that question.
    You know, over the years we have seen a transition to a 
more efficient system. It is based on low cost. And that system 
definitely moved a healthy amount of manufacturing to China. I 
can tell you, over the last year or so, we have been spending a 
significant amount of time with [inaudible] and other groups, 
trying to put together educational systems that will help 
managers understand risk of sourcing from a single location.
    So what I mean by that is that the tools that we have 
developed teach them to think about an international source of 
supply that can keep costs down, think about a near sourcing 
option, perhaps Latin America and that region, that could make 
the product cheaper and be competitive, and then also think 
about a domestic source of supply, setting up a three-set 
system, so that you have suppliers competing against each other 
and a fallback on much different players.
    The reality is companies like Toyota, that instigated the 
just-in-time management system have now stepped away from those 
things, and the supply chain is naturally moving as a unit to 
more responsive approaches. So that is what we should expect to 
see over the next few years, and it is already in play across a 
number of industries.
    Mrs. Lesko. Thank you.
    And Dr. Richey, I have another question for you. Can you 
give me any examples--you have mentioned some already--of how 
the Biden Administration's policies are actually, you know, 
making it worse, the supply chain issues, inflation, price 
increases. Can you name any?
    I am thinking one is maybe their energy policy, and how 
they are so adversary to oil and gas, and how that is 
increasing prices here in America.
    Dr. Richey. Yes, certainly the energy policy has increased 
prices significantly.
    Remember, manufacturing has to pay for energy. Then the 
truck drivers have to pay for increased energy prices. The 
customer has to pay for increased energy prices. And if you 
think about companies like in automotive, you think about the 
tires, that product includes petroleum in the product itself, 
and then it includes petroleum in the manufacturing, and the 
energy related to the manufacturing, and in the transportation. 
So as many--as the price of oil and gas go up, it is a 
multilevel hit on these businesses. That is one of the key 
components [inaudible] inflation in the marketplace today, and 
it was one of the first steps that the Biden Administration 
made.
    I have asked and been a proponent of saying we should get 
all in on energy. We should be doing a lot of exploring with 
the fossil fuels, be trying to use that fossil fuel exploration 
to pay for these additional types of energy that [inaudible] to 
move away from fossil fuels.
    Mrs. Lesko. Thank you very much. And I am just going to 
conclude with, I guess, a statement.
    I know that one of our witnesses is Dr. Mabud, and I read 
an article in the New York Times that quoted her, and it said 
something about why the--and that is exactly why this 
fearmongering around inflation is proving so effective, as if 
people are using--fearmongering inflation. And maybe I 
interpreted it wrong, but it doesn't seem to me that our 
constituents are fearmongering inflation. It is real. This is 
real. Prices are going up.
    I don't know about my colleagues, but here in Washington, 
D.C., when I went to the Whole Foods in the Navy Yard, the 
shelves were empty, some of the shelves were empty. There was 
no milk. And when I went back home to Arizona, certain items, 
they are very mysterious, like pasta. Pasta was out of stock. I 
mean, this is some real problems. Prices are going up, and it 
is not fearmongering, it is real.
    And with that I yield back.
    Ms. Schakowsky. And next is Mr. Soto, who has been here for 
the whole time of the subcommittee, which I appreciate.
    And it is 5 minutes for you. Thank you.
    Mr. Soto. Thank you, Madam Chair.
    Earlier this term, we passed the American Rescue Plan to 
put shots in arms, money in pockets, and it stopped another 
great recession. In Florida alone, unemployment is under four 
percent now, and foreclosures just came in lower this year. Our 
community was decimated by foreclosures because Congress went 
too small with the--during the great recession with the 
American Reinvestment Act. We went big, and we stopped 
devastation from happening in our community.
    And then we passed the bipartisan infrastructure framework, 
which, according to Republican Senator Rob Portman, is counter-
inflationary. And we are already seeing money coming down to 
our communities. I want to thank the members on this committee 
who voted for it. A few of you did. A lot of you didn't. And 
you know, I guess you will have to explain that to your 
constituents.
    And now I agree we have a bipartisan agreement that we need 
to boost domestic manufacturing, microchips, technology like 
telecommunications, and others. We are going have this great 
bill called the COMPETES Act up. The AFL-CIO and the U.S. 
Chamber of Commerce support it. I hope you do, too. We had 
nearly 20 Republicans supporting it in the Senate. So maybe we 
will get everybody coming together to increase our domestic 
production, or maybe we won't. I guess we will find out this 
week.
    Today we are here to discuss COVID-caused inflation due to 
price gouging. Inflation is happening across the world. 
Factories, transportation, raw materials--workers are getting 
sick. They go home, and everything becomes slower, less 
efficient, because of this pandemic. Some price increases are 
related to this. Still, others--other companies didn't have 
major increases, and they used the pandemic as an opportunity 
to raise prices. You don't have to take my word for it. CEOs 
across the nation have literally said this to shareholders.
    And so we have to look at grocery stores, oil companies, 
PPE manufacturers, which--I appreciate our colleagues bringing 
that up--as three examples of price gouging that we know is 
happening.
    So the COVID-19 Price Gouging Prevention Act is before us 
today. We are acting on inflation in this committee when it is 
unconscionably excessive, price gouging, and using public 
health emergencies to increase prices unreasonably.
    You know, President Biden had mentioned--think about this. 
What are Republicans for? What are they for? Name me one thing 
they are for.
    We are hearing a lot of complaining about inflation in this 
committee. Join us to help solve it. Today we have legislation. 
Today we have an opportunity to reduce inflation, and we are 
asking you to join us and actually do something about it, 
rather than hem and haw and nitpick. And so that is why we are 
here today.
    And it would be great to hear from you, Mr. Harman. You 
know, we have heard the FTC is cracking down on oil and gas 
companies for illegally increasing their prices. President 
Biden took the important step of announcing the release of 50 
million barrels of oil, increasing production. Would the COVID-
19 Price Gouging Prevention Act help us reduce price gouging at 
the pump, Mr. Harman?
    Mr. Harman. Yes. The investigation that they are conducting 
gives--or the President asked them to conduct--gives us the 
information about whether or not there is price gouging. But 
they don't have any authority to do anything, and this 
legislation is necessary to give them that authority.
    Mr. Soto. And what about at the grocery stores?
    Mr. Harman. It is the same. It covers the FTC, gives them 
that power, and it also gives states that power, where they 
either have a limited price gouging statute or have no price 
gouging statute.
    Mr. Soto. So they are gathering the information, but the 
COVID-19 Price Gouging Prevention Act is the sword to actually 
do something about it, to actually cut inflation. Isn't that 
correct?
    Mr. Harman. That is correct.
    Mr. Soto. Thank you so much, and I yield back.
    Ms. Schakowsky. Thank you. The gentleman yields back.
    And Mr. Pence, thank you for waiting, and it is now your 
turn.
    Mr. Pence. Thank you----
    Ms. Schakowsky. Five minutes.
    Mr. Pence [continue]. Chair Schakowsky and Ranking Member 
Bilirakis, for holding this hearing today, and the witnesses 
for being here.
    Wow. We are attacking inflation by fixing prices of all 
these American companies.
    You know, I spent over 30 years in the retail and wholesale 
distribution industry, and my state of Indiana has had price 
gouging legislature. And as Dr. Richey stated in his opening 
remarks, price gouging happens at the local level. And all my 
life, it has been my observation that it always happened at the 
retail, in small communities, done by small players.
    You know, H.R. 675 defies the economics of supply and 
demand. I have spent a lot of time in education, taking 
economics courses. There are some PhDs here that seem to be 
disregarding what I learned at school.
    I believe this bill is an attempt by the Democrats to 
deflect their responsibility for aggravating the inflation that 
we have been dealing with during the pandemic. And what we are 
talking about today with 675 is an attempt to start fixing 
prices at retail and wholesale across this country from 
Washington, D.C., because we know better here in Washington, 
D.C.
    Since all of my economic classes discuss the principles of 
price elasticity, I am disappointed how this bill is seen as a 
solution. Price elasticity is ultimately a result of supply and 
demand, and a number of you witnesses know that very well. 
Having said that, can each of you answer a question for me?
    If the prices have been going up by the control of the 
companies, and not inflation, why have these companies that 
have been accused of price gouging not raised prices before the 
pandemic?
    Why didn't they raise them before, if they can just do it 
right now?
    Dr. Mabud, you first, quickly.
    Dr. Mabud. Yes, companies have power to hike prices in a 
crisis precisely because they have so much control over the 
system, and they are able to exploit the situation where there 
is a crisis, and people are vulnerable to take advantage of 
that and [inaudible] consumers.
    Mr. Pence. So the grocery store or the gas station across 
the street or across town can't kind of lower it if their 
competitor is just being opportunistic.
    Mr. Harman, what do you think?
    Mr. Harman. Well, we saw it with online sellers, Amazon in 
particular. Prices were--went up with price gouging because 
they could, because people were buying online and not going to 
the local store.
    Mr. Pence. So there was more demand, and they could 
increase the price.
    Of course, as you well know, on Amazon there was a lot of 
wait time because they actually didn't have the supply.
    Mr. Harman. Yes, that was part of it, but they----
    Mr. Pence. Part of it? No, we are talking about----
    Mr. Harman. No, no, no----
    Mr. Pence [continue]. That it is price gouging----
    Mr. Harman. Right.
    Mr. Pence [continue]. That has increased--you are 
suggesting here today with H.R. 675 that it is price gouging 
alone that has caused inflation.
    Mr. Harman. Amazon itself banned 6,000 users in March of 
2020 for price gouging. I mean, they themselves identified it 
as the problem on their platform.
    Mr. Pence. OK, so actually, companies regulate and manage 
that because it is not very competitive when that happens, 
right?
    Mr. Harman. Well----
    Mr. Pence. Supply and demand will regulate itself, so they 
have more supply.
    Dr. Richey, how would you answer this?
    Dr. Richey. I think the way I would answer it is a little 
bit differently.
    I think, when we look at the different companies that have 
been discussed today in this hearing, and we talk about them as 
price gougers, whether they are mega-corporations or 
multinationals, we are neglecting to look at the fact that 
these are the businesses that stayed open during the pandemic, 
unlike small businesses, the competitors----
    Mr. Pence. Good point.
    Dr. Richey [continue]. That were required to shut down, and 
that they were also able to leverage e-commerce better than the 
small business and mid-sized businesses in the country. So you 
would expect that the [inaudible] profitability would have 
improved, and that is what we are seeing, not price gouging.
    Mr. Pence. Right. And let me just close with this. So, back 
home, my manufacturers and retailers are saying they no longer 
have the ability--since the PPI, which was mentioned earlier, 
is outstripping the CPI, they no longer have the ability to 
pass on prices, and their profits are going down rapidly in the 
last two months. We saw retail went down in December, and we 
saw in Europe today that inflation is roaring. It is not price 
gouging, folks. It is just inflation.
    Thank you, Madam Chair, I yield back.
    Ms. Schakowsky. The gentleman yields back. And last, but 
certainly not least, for 5 minutes I call on Representative 
Fletcher for 5 minutes of questions.
    Mrs. Fletcher. Thank you so much, Chairwoman Schakowsky, 
and thanks to you and Ranking Member Bilirakis for organizing 
today's hearing. Thank you to all of our witnesses for offering 
your expertise, and spending your time with us today. This 
hearing has been very illuminating, as well as your written 
testimony, and I want to follow up on a couple of things.
    I think it is important to note at the end of this hearing 
that this Congress and the last Congress have taken a number of 
steps to mitigate the damages of the COVID-19 pandemic, 
including the health and economic impacts. And today's focus on 
the impacts on consumers is another really important effort in 
addressing the challenges that people are facing across the 
country. And we have come a long way since March of 2020, but 
we also know we are not finished with COVID-19 yet. And the 
economic impacts are still being felt, from shipping delays, to 
increased costs of food, and fuel, and health care products, 
many of the things we have been discussing throughout this 
hearing.
    Some of the COVID essentials, like tests and masks, are 
prohibitively expensive for people nationwide, and we are 
making great strides, right, with the recent efforts to make 
them available, sending test kits out, delivering masks across 
the country. These efforts from the Administration are hugely 
important. But one of the things that I have been focused on 
since the pandemic began is access to and the cost of testing, 
and the importance of testing.
    And Dr. Mabud, in your written testimony you mentioned that 
the BinaxNOW COVID-19 at-home rapid tests at some providers 
nearly doubled in price after a deal between those retailers 
and the Biden Administration expired in December of last year.
    We have also seen providers charging a wide range of prices 
for COVID tests, and I know this is something my constituents 
are focused on, concerned about.
    We also know that the highly contagious Omicron variant has 
spread across the U.S., and that the demand for testing is 
getting, you know, higher and higher, as we see these record 
case numbers.
    So in this Congress and in the last Congress I introduced 
the Stop COVID-19 Surprise Medical Bills Act to better 
understand the widely varying costs of COVID-19 tests by 
different providers by requiring HHS to survey and report on 
the prices of testing services in order to help identify 
outliers. And Dr. Mabud, I was hoping you could explain why 
free or low-price COVID tests are necessary for a strong 
economic recovery, and how understanding the challenges that we 
see and the disparity in pricing and testing may relate to 
that. If you could share your thoughts with that--thoughts on 
that with us, that would be very helpful.
    Dr. Mabud. Sure. I mean, in the midst of a global, 
unprecedented pandemic, ensuring access to affordable or free 
testing and PPE is absolutely vital to keep our economy going, 
because our economy is fundamentally at its best when we are at 
our best, right? And that means addressing health concerns, and 
that means addressing, you know, all the barriers that workers 
and families are facing in contributing to our economy, whether 
that is child care or testing.
    And so, for essential workers putting their health at risk 
every day, or for parents who have children in school and are 
worried about transmission, masks and at-home tests are an 
important backstop to prevent the spread of the virus. And in 
doing so they are an important backstop to a healthy economy 
that really supports all of us.
    Mrs. Fletcher. Thanks for that, and I have got about a 
minute-and-a-half left, so I want to direct my next question to 
you, and then open it up to anyone else. And if I run out of 
time, I would love to get any additional responses in the 
record.
    But I think it is a good way to close this hearing in 
saying, you know, how would empowering Federal and state 
agencies to enforce against pandemic price gouging ensure that 
those crucial COVID-related supplies, like masks and tests that 
you were just talking about that are so necessary to our 
economic recovery, how would empowering them ensure that those 
supplies are available to all Americans?
    Dr. Mabud. A clear, Federal standard that ensures that 
consumers across the country, no matter where they live, no 
matter what state they live in, are able to be protected from 
price gouging, especially for essentials in a global pandemic, 
is a really clear and straightforward way of ensuring that we 
do have a healthy economy, and that people are able to access 
the goods that they need.
    Mrs. Fletcher. Thank you, Doctor. Thank you, Dr. Mabud.
    Would anyone else like to weigh in on that question in the 
30 seconds I have left?
    Dr. Richey. Yes, I----
    Mr. Harman. I would be happy to jump in.
    Mrs. Fletcher. Dr. Richey?
    Mr. Harman. I think the--one of the things you see--you saw 
it very publicly, but would also be happening in a less public 
way now, is when there is an increase in demand there is a 
hoarding by suppliers so that they can price gouge. And I think 
we saw this with testing a few months ago, where suddenly 
people were trying to sell tests for hundreds or even $1,000 
because they knew there was increased demand. And this would 
stop that.
    Mrs. Fletcher. Well, thank you so much, Mr. Harman, for 
that. And anyone else who wants to comment, I will be glad to 
see your responses in the record. But I have exceeded my time.
    And so, Madam Chairman, thank you so much, and I yield 
back.
    Ms. Schakowsky. Thank you. And we have a waive-on on the 
committee.
    And I want to welcome Mr. Carter, and recognize you now for 
5 minutes.
    Mr. Carter. Thank you, Madam Chair. I appreciate the 
opportunity to be with you. Madam Chair, before I begin, I 
understand that earlier this week Mr. Soto, Representative 
Soto, had mentioned support for the America COMPETES Act 
earlier, as I say, on the floor this week. And I would like 
entered into the record--and I ask for unanimous consent to be 
entered into the record--a letter to Congress from the U.S. 
Chamber of Commerce opposing the America COMPETES Act.
    Ms. Schakowsky. Oh, yes, without objection.
    [The information appears at the conclusion of the hearing.]
    Mr. Carter. OK, thank you.
    Ms. Schakowsky. Without objection.
    Mr. Carter. Madam Chair, let me begin by saying that I 
applaud what you are doing here today, calling for a hearing to 
protect Americans from steep price increases. This is 
important, and I commend you for doing that.
    But I fear that what is happening here is that we are doing 
everything to avoid the reality and the simplest answer as to 
why we are seeing all these price increases, and that is 
Democratic policies. Policies have consequences. And that is 
what we need to understand. President Biden, Speaker Pelosi, 
and Leader Schumer forced through some of the largest spending 
packages our country has ever seen, with policies that 
discourage work, that ended energy projects, and bottlenecked 
our ports and distribution centers.
    Yet we act as we--as if we are surprised that this has 
resulted in record inflation, the highest in nearly 40 years. 
Instead, we find the Administration picking winners and losers 
by targeting industries that it disagrees with, and attempting 
to weaponize the FTC, and doing so in a way that is not within 
the jurisdiction of this subcommittee.
    In light of these actions, I would like to ask unanimous 
consent to submit into record testimony from the North American 
Meat Institute.
    Ms. Schakowsky. Without objection.
    [The information appears at the conclusion of the hearing.]
    Mr. Carter. Thank you. This letter that I am--that was just 
allowed--and thank you again, Madam Chair--it describes how the 
meat industry has been affected by COVID-19. It addresses 
claims of consolidation within the industry, and it explains 
the market forces behind increased prices.
    Regardless, I think it would be eye-opening for my 
colleagues to hear a quote from Larry Summers, the former 
Secretary of the Treasury under President Obama, who said, ``If 
they are using inflation to get a mechanism to go after genuine 
monopoly problems, as I said, a crisis is a terrible thing to 
waste, and that is all sort of fine. If they think this is a 
strategy for actually reducing inflation, they are badly 
wrong.''
    You know, if you add in the new regulations, or the 
proposed regulations that will add more costs to the industry, 
you see why we are in the situation we are in right now.
    Look, I am not an economist. However, I did run a small 
business for 32 years, and I know that when the cost of inputs 
goes up, so does the cost of goods and services. It is just 
simple, basic economy.
    I wanted to ask Dr. Richey, supply chain issues at ports--I 
have the honor and privilege of representing two major 
seaports, the Port of Brunswick and the Port of Savannah, and 
we have seen the supply chain issues firsthand. But I am 
pleased to share with you that everyone on the committee--and 
everyone on the committee that, unlike many ports across the 
country, the Port of Savannah no longer has a backlog. At one 
time we had 31 ships offshore, but now we have zero. Now we are 
accommodating all of those ships. And this comes at a time as--
when this port moved a record 5.6 million containers in 2021, 
more than a million than the year before, making it the third 
busiest port in the nation.
    And I believe that--and I know that they are doing it with 
(sic) a backlog. And that is the only major port, the only 
major port in the country is in Savannah that is doing this 
without a backlog. And I want to credit the common sense and 
innovative approaches that the State of Georgia and the Ports 
Authority have taken to ensure that this happened. They have 
been very innovative. In fact, an example, last year the 
Georgia Ports Authority was allowed to reallocate $8 million of 
their funding to convert inland facilities into pop-up 
container ports. And this is important.
    My question for you, Dr. Richey, what are some similar 
actions or innovations that states and industries can take to 
overcome the supply chain challenges we see in other areas like 
distribution centers?
    Dr. Richey. Yes, that is a great question, thank you very 
much for the question.
    I will say that the Port of Savannah has been a shining 
star in [inaudible] over the pandemic, and so there is a lot 
that we can learn at other ports from what has happened there.
    When you think about distribution [inaudible], which are an 
area that is also kind of [inaudible], there are lots of 
opportunities to use different types of automation to move 
things along and assist with that movement. And I would 
encourage Members of Congress to take [inaudible] this at the 
MODEX Conference, which takes place once a year in Atlanta and 
once a year in Chicago, to look at the options that are out 
there.
    The other thing I want to say quickly is that, you know, we 
don't see these innovations moving jobs for people. What we see 
is assistance and [inaudible] them to work jobs that are easier 
to deal with. We don't expect to see automotive or truck AVs 
end up being something that drives people out of business in 
terms of truck driving. By the year 2035 we will still need 
another half million people to drive trucks in the U.S.
    Mr. Carter. Great. And again, thank you, Madam Chair, for 
allowing me to waive on, and thank you for your indulgence, and 
I will yield back.
    Ms. Schakowsky. The gentleman yields back. And now I want 
to thank our--here we go--I really want to thank all of our 
witnesses that are here today for their participation and for 
being here, remotely or in person.
    [The information appears at the conclusion of the hearing.]
    I remind members that, pursuant to the committee rules, 
that they have ten business days to submit additional questions 
for the record to be answered by the witnesses who have 
appeared. We certainly encourage each witness to respond 
promptly to any questions that are sent your way. We would 
appreciate it very much.
    Before we are adjourning, I request unanimous consent to 
enter into--the following into the record. We find these 
documents: a letter from Consumer Reports; a letter from the 
American Hospital Association; a letter from the National 
Association of Convenience Stores; a tweet from Bob McNally; a 
fact sheet from the Food Industry Association; an article from 
The Washington Post; a letter from the Transportation--what is 
that?
    Voice. Intermediaries.
    Ms. Schakowsky. Intermediate?
    Voice. Intermediaries.
    Ms. Schakowsky. Intermediary (sic) Association; a letter 
from the National Retail Federation; a letter to the FTC.
    And with that, with no objections--any objections?
    So ordered.
    At this time, the subcommittee, with my gratitude again to 
the witnesses, is adjourned.
    [Whereupon, at 1:20 p.m., the subcommittee was adjourned.]
    [Material submitted for inclusion in the record follows:]
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