H.R. 6318

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6318 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 6318

To prohibit price gouging with respect to goods subject to a tariff, 
and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 28, 2025

Ms. DeLauro (for herself, Ms. Craig, Ms. Ocasio-Cortez, Mr. McGovern, 
Mr. Nadler, Ms. Velazquez, Ms. Schakowsky, and Ms. Norton) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committees on Ways and Means, and 
Education and Workforce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To prohibit price gouging with respect to goods subject to a tariff, 
and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``No Gratuitous Overcharging for 
Ubiquitous Global Exports Act'' or the ``No GOUGE Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Commission.--The term ``Commission'' means the Federal 
Trade Commission.
(2) Component.--The term ``component'' means a good that is 
offered for sale to consumers through incorporation into a 
final good.
(3) Final good.--The term ``final good'' means a good that 
does not require any further assembly to be ready for sale to 
consumers.
(4) Good.--The term ``good'' means any good offered for 
sale in commerce.
(5) Planned tariff.--The term ``planned tariff'' means a 
tariff, including a tariff rate change, that is intended to be 
imposed, as demonstrated by a written or spoken statement by 
the President, the United States Trade Representative, the 
Secretary of Commerce, or another senior Federal official 
determined appropriate by the Commission, including by means of 
a press release, a comment at a press conference, meeting, or 
public event, or any other public communication.
(6) State.--The term ``State'' means each of the several 
States, the District of Columbia, each commonwealth, territory, 
or possession of the United States, and each federally 
recognized Indian Tribe.
(7) Tariffed good.--The term ``tariffed good'' means the 
following:
(A) A final good that is subject to a tariff, 
including a tariff rate change, that entered into force 
on or after January 20, 2025.
(B) A good that is assembled, in whole or in part, 
in the United States and that has a component that is 
subject to a tariff, including a tariff rate change, 
that entered into force on or after January 20, 2025.
(C) A component that is subject to a tariff, 
including a tariff rate change, that entered into force 
on or after January 20, 2025.
(D) A final good, a good assembled in the United 
States, or a component with respect to which there is a 
planned tariff.
(8) Tariff-related shock date.--The term ``tariff-related 
shock date'' means any date with respect to which--
(A) tariffs or planned tariffs, including tariff 
rate changes, with respect to at least 5 tariff lines 
entered into force or were demonstrated by a written or 
spoken statement, as the case may be, during the 30-day 
period preceding such date (without regard to the 
number of trading partners involved); or
(B) a tariff rate change, including a planned 
tariff to the extent such planned tariff relates to a 
tariff rate change, that increases by more than 25 
percentage points an existing tariff rate entered into 
force or was demonstrated by a written or spoken 
statement, as the case may be, during the 30-day period 
preceding such date.
(9) Ultimate parent entity.--The term ``ultimate parent 
entity'' has the meaning given such term in section 801.1 of 
title 16, Code of Federal Regulations (or any successor 
regulation).

SEC. 3. PRICE GOUGING PROHIBITED.

(a) Prohibition.--
(1) In general.--No person, without regard to the position 
of such person in a supply chain or distribution network, may 
sell or offer for sale in the United States a tariffed good at 
an unreasonably high price during the 5-year period that 
follows the date on which any tariff or planned tariff 
applicable to such tariffed good entered into force or was 
demonstrated by a written or spoken statement, as the case may 
be.
(2) Unreasonably high price.--
(A) In general.--For purposes of this section, a 
person is selling or offering for sale a tariffed good 
at an unreasonably high price if such person--
(i) has raised the price of a tariffed good 
that is a final good by more than the amount of 
the costs directly generated--
(I) by the imposition of a tariff 
with respect to such good; or
(II) by--
(aa) the imposition of a 
tariff with respect to such 
good; and
(bb) additional costs (not 
including costs relating to 
increased executive 
compensation or share 
repurchase programs) incurred 
by such person in providing 
such good that demonstrate a 
tariff was not used by such 
person as a pretext for a price 
increase;
(ii) has raised the price of a tariffed 
good that is a good assembled, in whole or in 
part, in the United States and with respect to 
which a tariff applies to a component of such 
good by more than the amount of the costs 
directly generated--
(I) by the imposition of a tariff 
with respect to such component; or
(II) by--
(aa) the imposition of a 
tariff with respect to such 
component; and
(bb) additional costs (not 
including costs relating to 
increased executive 
compensation or share 
repurchase programs) incurred 
by such person in providing 
such good that demonstrate a 
tariff was not used by such 
person as a pretext for a price 
increase; or
(iii) has raised the price of a tariffed 
good that is a component by more than the 
amount of the costs directly generated--
(I) by the imposition of a tariff 
with respect to such component; or
(II) by--
(aa) the imposition of a 
tariff with respect to such 
component; and
(bb) additional costs (not 
including costs relating to 
increased executive 
compensation or share 
repurchase programs) incurred 
by such person in providing 
such good that demonstrate a 
tariff was not used by such 
person as a pretext for a price 
increase.
(B) Planned tariffs.--With respect to a tariffed 
good described in section 2(7)(D), no costs may be 
determined to be directly generated by the imposition 
of a tariff with respect to such good before the date 
on which a tariff enters into force with respect to 
such good.
(C) Baseline price determinations.--For purposes of 
this paragraph, the price of a tariffed good prior to 
the date on which any tariff or planned tariff 
applicable to such tariffed good entered into force or 
was demonstrated by a written or spoken statement, as 
the case may be, shall be determined by reference to 
the average price of such good during the 180-day 
period preceding such date.
(b) Exemption.--
(1) In general.--Subsection (a) does not apply to the sale, 
or offering for sale, of a good by a person if the ultimate 
parent entity with respect to such person earned less than 
$100,000,000 in gross revenue from goods sold in the United 
States during the 12-month period preceding such sale or offer.
(2) Inflation adjustment.--In January of the first year 
beginning after the date of the enactment of this Act, and 
annually thereafter, the Commission shall adjust the amount 
specified in paragraph (1) by the percentage change in the 
consumer price index for all urban consumers published by the 
Bureau of Labor Statistics with respect to the 12-month period 
preceding the date of such adjustment.
(c) Presumption of Violation.--
(1) In general.--With respect to any tariff-related shock 
date, a person shall be presumed to be in violation of 
subsection (a) if a preponderance of the evidence 
demonstrates--
(A) such person has unfair leverage (as described 
in paragraph (3)); and
(B) such person sold or offered for sale on such 
date a tariffed good at a price that was greater than 
the average price of such good during the 180-day 
period preceding the date on which the most recent 
tariff or planned tariff applicable to such good 
entered into force or was demonstrated by a written or 
spoken statement, as the case may be.
(2) Rebuttal.--A person may rebut a presumption under 
paragraph (1) if such person demonstrates by clear and 
convincing evidence that the relevant increase in the price of 
a tariffed good is attributable, in full, to costs directly 
generated--
(A) by the imposition of a tariff with respect to 
such tariffed good; or
(B) by--
(i) the imposition of a tariff with respect 
to such tariffed good; and
(ii) additional costs (not including costs 
relating to increased executive compensation or 
share repurchase programs) incurred by such 
person in providing such tariffed good that 
demonstrate that such tariff was not used by 
such person as a pretext for such increase.
(3) Unfair leverage.--
(A) Characteristics.--For purposes of this 
subsection, a person has unfair leverage if such person 
or the ultimate parent entity of such person--
(i) earned at least $1,000,000,000 in gross 
revenue from goods sold in the United States 
during the 12-month period preceding the 
relevant sale or offer; or
(ii) satisfies another characteristic set 
forth in a regulation promulgated by the 
Commission with respect to determining unfair 
leverage.
(B) Inflation adjustment.--In January of the first 
year beginning after the date of the enactment of this 
Act, and annually thereafter, the Commission shall 
adjust the amount specified in subparagraph (A)(i) by 
the percentage change in the consumer price index for 
all urban consumers published by the Bureau of Labor 
Statistics with respect to the 12-month period 
preceding the date of such adjustment.
(C) Considerations.--In promulgating regulations 
under subparagraph (A)(ii), the Commission shall 
consider the capacity of a person to do the following:
(i) Absorb, in whole or in part, costs 
directly generated by a tariff.
(ii) Increase production, in the United 
States, of a good that is identical or 
substantially similar to a tariffed good.
(d) Regulations.--
(1) In general.--The Commission may promulgate, in 
accordance with section 553 of title 5, United States Code, 
such regulations as may be necessary to carry out this section.
(2) Interagency consultation.--The Commission, in 
promulgating regulations under this subsection, shall consult 
with the United States Trade Representative, the United States 
International Trade Commission, U.S. Customs and Border 
Protection, and the Bureau of Labor Statistics.
(e) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of 
this section or a regulation promulgated under this section 
shall be treated as a violation of a regulation under section 
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of commission.--The Commission shall enforce 
this section and the regulations promulgated under this section 
in the same manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all applicable terms 
and provisions of the Federal Trade Commission Act (15 U.S.C. 
41 et seq.) were incorporated into and made a part of this 
section. Any person who violates this section or a regulation 
promulgated under this section shall be subject to the 
penalties and entitled to the privileges and immunities 
provided in the Federal Trade Commission Act.
(3) Authority preserved.--Nothing in this section may be 
construed to limit the authority of the Commission under any 
other provision of law.
(f) Actions by States.--
(1) In general.--In any case in which the attorney general 
of a State, or an official or agency of a State, has reason to 
believe that an interest of the residents of such State has 
been or is threatened or adversely affected by an act or 
practice in violation of this section or a regulation 
promulgated under this section, the State, as parens patriae, 
may bring a civil action on behalf of the residents of the 
State in an appropriate State court or an appropriate district 
court of the United States to--
(A) enjoin such act or practice;
(B) enforce compliance with this section or such 
regulation;
(C) obtain damages, restitution, or other 
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as 
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection, 
the attorney general, official, or agency of the State involved 
shall provide to the Commission a written notice of such action 
and a copy of the complaint for such action. If the attorney 
general, official, or agency determines that it is not feasible 
to provide the notice described in this paragraph before the 
filing of the action, the attorney general, official, or agency 
shall provide written notice of the action and a copy of the 
complaint to the Commission immediately upon the filing of the 
action.
(3) Authority of commission.--On receiving notice under 
paragraph (2) of an action under this subsection, the 
Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters 
arising therein; and
(C) to file petitions for appeal.
(4) Rules of construction.--
(A) Exercising of certain powers.--For purposes of 
bringing a civil action under this subsection, nothing 
in this Act may be construed to prevent an attorney 
general, official, or agency of a State from exercising 
the powers conferred on the attorney general, official, 
or agency by the laws of such State to conduct 
investigations, administer oaths and affirmations, or 
compel the attendance of witnesses or the production of 
documentary and other evidence.
(B) State proceedings.--Nothing in this subsection 
may be construed to prohibit an authorized official of 
a State from initiating or continuing any proceeding in 
a court of the State for a violation of any civil or 
criminal law of the State.
(g) Effect on Other Laws.--Nothing in this section may be construed 
to preempt or otherwise affect any State or local law.
(h) Reporting by Consumers and Related Investigations.--
(1) In general.--Not later than 180 days after the date of 
the enactment of this Act, the Commission shall establish a 
mechanism for consumers to report to the Commission potential 
violations of this section.
(2) Requirements.--The mechanism established under 
paragraph (1) shall allow a consumer to report a potential 
violation by a variety of means, including the following:
(A) A telephone number.
(B) A mailing address.
(C) A website.
(3) Consideration.--Not later than 180 days after the date 
of the enactment of this Act, the Commission shall promulgate 
regulations establishing, and providing a detailed description 
of, the process by which the Commission shall consider reports 
provided through the mechanism established under paragraph (1) 
and, if applicable, open investigations into potential 
violations of this section.
(4) Rule of construction.--Nothing in this subsection may 
be construed to preclude the Commission from unilaterally 
initiating an investigation of a potential violation of this 
section.

SEC. 4. REPORTS.

(a) ITC and BLS Report.--
(1) In general.--Not later than 1 year after the date of 
the enactment of this Act, and annually thereafter, the United 
States International Trade Commission and the Bureau of Labor 
Statistics shall jointly submit to Congress, and make available 
to the public, a report on the prices of goods sold by any 
company earning $1,000,000,000 or more in gross revenue during 
the prior year, with a focus on identifying changes in the 
prices of tariffed goods.
(2) Sufficiency of surveys.--
(A) In general.--Prior to submission of the first 
report required under paragraph (1), the Bureau of 
Labor Statistics shall identify whether the existing 
surveys of the Bureau collect sufficiently granular 
data with respect to pricing decisions and consumer 
prices to effectively identify price increases for 
tariffed goods.
(B) Development of new surveys.--If the Bureau of 
Labor Statistics determines under subparagraph (A) that 
the surveys of the Bureau are insufficient, the Bureau 
shall develop and include in such surveys new questions 
to collect the data necessary for the report required 
under paragraph (1).
(b) FTC Report.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Commission shall 
submit to Congress, and make available to the public, a report on the 
enforcement activities of the Commission under this Act, which shall 
include an assessment of the impact of the enforcement of this Act on 
consumer prices, both for tariffed goods and all goods.
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