,i #aaith ,,congress #ast ,session ,h4 ,r4 #fcah ,,in ,,the ,,house ,,of ,,representatives ,november #bh1 #bjbe,ms4 ,de,lauro 7for herself1 ,ms4 ,craig1 ,ms4 ,ocasio-,cortez1 ,mr4 ,mc,govern1 ,mr4 ,nadler1 ,ms4 ,velzquez1 ,ms4 ,schakowsky1 and ,ms4 ,norton7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,ways and ,means1 and ,education and ,workforce1 for a period to be subsequently determined by the ,speaker1 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 tariff1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,gratuitous ,overcharging for ,ubiquitous ,global ,exports ,act or the ,no ,,gouge ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,component ,the term component means a good that is offered for sale to consumers through incorporation into a final good4 7#c7 ,final good ,the term final good means a good that does not require any further assembly to be ready for sale to consumers4 7#d7 ,good ,the term good means any good offered for sale in commerce4 7#e7 ,planned tariff ,the term planned tariff means a tariff1 including a tariff rate change1 that is intended to be imposed1 as demonstrated by a written or spoken statement by the ,president1 the ,united ,states ,trade ,representative1 the ,secretary of ,commerce1 or another senior ,federal official determined appropriate by the ,commission1 including by means of a press release1 a comment at a press conference1 meeting1 or public event1 or any other public communication4 7#f7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4 7#g7 ,tariffed good ,the term tariffed good means the following3 7,a7 ,a final good that is subject to a tariff1 including a tariff rate change1 that entered into force on or after ,january #bj1 #bjbe4 7,b7 ,a good that is assembled1 in whole or in part1 in the ,united ,states and that has a component that is subject to a tariff1 including a tariff rate change1 that entered into force on or after ,january #bj1 #bjbe4 7,c7 ,a component that is subject to a tariff1 including a tariff rate change1 that entered into force on or after ,january #bj1 #bjbe4 7,d7 ,a final good1 a good assembled in the ,united ,states1 or a component with respect to which there is a planned tariff4 7#h7 ,tariff-related shock date ,the term tariff-related shock date means any date with respect to which-- 7,a7 tariffs or planned tariffs1 including tariff rate changes1 with respect to at least #e tariff lines entered into force or were demonstrated by a written or spoken statement1 as the case may be1 during the #cj-;day period preceding such date 7without regard to the number of trading partners involved72 or 7,b7 a tariff rate change1 including a planned tariff to the extent such planned tariff relates to a tariff rate change1 that increases by more than #be percentage points an existing tariff rate entered into force or was demonstrated by a written or spoken statement1 as the case may be1 during the #cj-;day period preceding such date4 7#i7 ,ultimate parent entity ,the term ultimate parent entity has the meaning given such term in section #hja4a of title #af1 ,code of ,federal ,regulations 7or any successor regulation74 #c4 ,price gouging prohibited 7a7 ,prohibition 7#a7 ,in general ,no person1 without regard to the position of such person in a supply chain or distribution network1 may sell or offer for sale in the ,united ,states a tariffed good at an unreasonably high price during the #e-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 statement1 as the case may be4 7#b7 ,unreasonably high price 7,a7 ,in general ,for purposes of this section1 a person is selling or offering for sale a tariffed good at an unreasonably high price if such person-- 7i7 has raised the price of a tariffed good that is a final good by more than the amount of the costs directly generated-- 7,i7 by the imposition of a tariff with respect to such good2 or 7,,ii7 by-- 7aa7 the imposition of a tariff with respect to such good2 and 7bb7 additional costs 7not including costs relating to increased executive compensation or share repurchase programs7 incurred by such person in providing such good that demonstrate a tariff was not used by such person as a pretext for a price increase2 7ii7 has raised the price of a tariffed good that is a good assembled1 in whole or in part1 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-- 7,i7 by the imposition of a tariff with respect to such component2 or 7,,ii7 by-- 7aa7 the imposition of a tariff with respect to such component2 and 7bb7 additional costs 7not including costs relating to increased executive compensation or share repurchase programs7 incurred by such person in providing such good that demonstrate a tariff was not used by such person as a pretext for a price increase2 or 7iii7 has raised the price of a tariffed good that is a component by more than the amount of the costs directly generated-- 7,i7 by the imposition of a tariff with respect to such component2 or 7,,ii7 by-- 7aa7 the imposition of a tariff with respect to such component2 and 7bb7 additional costs 7not including costs relating to increased executive compensation or share repurchase programs7 incurred by such person in providing such good that demonstrate a tariff was not used by such person as a pretext for a price increase4 7,b7 ,planned tariffs ,with respect to a tariffed good described in section #b7g77;,d71 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 good4 7,c7 ,baseline price determinations ,for purposes of this paragraph1 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 statement1 as the case may be1 shall be determined by reference to the average price of such good during the #ahj-;day period preceding such date4 7b7 ,exemption 7#a7 ,in general ,subsection 7a7 does not apply to the sale1 or offering for sale1 of a good by a person if the ultimate parent entity with respect to such person earned less than #ajj1jjj1jjj in gross revenue from goods sold in the ,united ,states during the #ab-month period preceding such sale or offer4 7#b7 ,inflation adjustment ,in ,january of the first year beginning after the date of the enactment of this ,act1 and annually thereafter1 the ,commission shall adjust the amount specified in paragraph 7#a7 by the percentage change in the consumer price index for all urban consumers published by the ,bureau of ,labor ,statistics with respect to the #ab-month period preceding the date of such adjustment4 7c7 ,presumption of violation 7#a7 ,in general ,with respect to any tariff-related shock date1 a person shall be presumed to be in violation of subsection 7a7 if a preponderance of the evidence demonstrates-- 7,a7 such person has unfair leverage 7as described in paragraph 7#c772 and 7,b7 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 #ahj-;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 statement1 as the case may be4 7#b7 ,rebuttal ,a person may rebut a presumption under paragraph 7#a7 if such person demonstrates by clear and convincing evidence that the relevant increase in the price of a tariffed good is attributable1 in full1 to costs directly generated-- 7,a7 by the imposition of a tariff with respect to such tariffed good2 or 7,b7 by-- 7i7 the imposition of a tariff with respect to such tariffed good2 and 7ii7 additional costs 7not including costs relating to increased executive compensation or share repurchase programs7 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 increase4 7#c7 ,unfair leverage 7,a7 ,characteristics ,for purposes of this subsection1 a person has unfair leverage if such person or the ultimate parent entity of such person-- 7i7 earned at least #a1jjj1jjj1jjj in gross revenue from goods sold in the ,united ,states during the #ab-month period preceding the relevant sale or offer2 or 7ii7 satisfies another characteristic set forth in a regulation promulgated by the ,commission with respect to determining unfair leverage4 7,b7 ,inflation adjustment ,in ,january of the first year beginning after the date of the enactment of this ,act1 and annually thereafter1 the ,commission shall adjust the amount specified in subparagraph 7,a77i7 by the percentage change in the consumer price index for all urban consumers published by the ,bureau of ,labor ,statistics with respect to the #ab-month period preceding the date of such adjustment4 7,c7 ,considerations ,in promulgating regulations under subparagraph 7,a77ii71 the ,commission shall consider the capacity of a person to do the following3 7i7 ,absorb1 in whole or in part1 costs directly generated by a tariff4 7ii7 ,increase production1 in the ,united ,states1 of a good that is identical or substantially similar to a tariffed good4 7d7 ,regulations 7#a7 ,in general ,the ,commission may promulgate1 in accordance with section #eec of title #e1 ,united ,states ,code1 such regulations as may be necessary to carry out this section4 7#b7 ,interagency consultation ,the ,commission1 in promulgating regulations under this subsection1 shall consult with the ,united ,states ,trade ,representative1 the ,united ,states ,international ,trade ,commission1 ,u4,s4 ,customs and ,border ,protection1 and the ,bureau of ,labor ,statistics4 7e7 ,enforcement by ,commission 7#a7 ,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 #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7#b7 ,powers of ,commission ,the ,commission shall enforce this section and the regulations promulgated under this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 ,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 ,act4 7#c7 ,authority preserved ,nothing in this section may be construed to limit the authority of the ,commission under any other provision of law4 7f7 ,actions by ,states 7#a7 ,in general ,in any case in which the attorney general of a ,state1 or an official or agency of a ,state1 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 section1 the ,state1 as parens patriae1 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-- 7,a7 enjoin such act or practice2 7,b7 enforce compliance with this section or such regulation2 7,c7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state2 or 7,d7 obtain such other legal and equitable relief as the court may consider to be appropriate4 7#b7 ,notice ,before filing an action under this subsection1 the attorney general1 official1 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 action4 ,if the attorney general1 official1 or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action1 the attorney general1 official1 or agency shall provide written notice of the action and a copy of the complaint to the ,commission immediately upon the filing of the action4 7#c7 ,authority of ,commission ,on receiving notice under paragraph 7#b7 of an action under this subsection1 the ,commission shall have the right-- 7,a7 to intervene in the action2 7,b7 upon so intervening1 to be heard on all matters arising therein2 and 7,c7 to file petitions for appeal4 7#d7 ,rules of construction 7,a7 ,exercising of certain powers ,for purposes of bringing a civil action under this subsection1 nothing in this ,act may be construed to prevent an attorney general1 official1 or agency of a ,state from exercising the powers conferred on the attorney general1 official1 or agency by the laws of such ,state to conduct investigations1 administer oaths and affirmations1 or compel the attendance of witnesses or the production of documentary and other evidence4 7,b7 ,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 ,state4 7g7 ,effect on other laws ,nothing in this section may be construed to preempt or otherwise affect any ,state or local law4 7h7 ,reporting by consumers and related investigations 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall establish a mechanism for consumers to report to the ,commission potential violations of this section4 7#b7 ,requirements ,the mechanism established under paragraph 7#a7 shall allow a consumer to report a potential violation by a variety of means1 including the following3 7,a7 ,a telephone number4 7,b7 ,a mailing address4 7,c7 ,a website4 7#c7 ,consideration ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall promulgate regulations establishing1 and providing a detailed description of1 the process by which the ,commission shall consider reports provided through the mechanism established under paragraph 7#a7 and1 if applicable1 open investigations into potential violations of this section4 7#d7 ,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 section4 #d4 ,reports 7a7 ,,itc and ,,bls report 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,united ,states ,international ,trade ,commission and the ,bureau of ,labor ,statistics shall jointly submit to ,congress1 and make available to the public1 a report on the prices of goods sold by any company earning #a1jjj1jjj1jjj or more in gross revenue during the prior year1 with a focus on identifying changes in the prices of tariffed goods4 7#b7 ,sufficiency of surveys 7,a7 ,in general ,prior to submission of the first report required under paragraph 7#a71 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 goods4 7,b7 ,development of new surveys ,if the ,bureau of ,labor ,statistics determines under subparagraph 7,a7 that the surveys of the ,bureau are insufficient1 the ,bureau shall develop and include in such surveys new questions to collect the data necessary for the report required under paragraph 7#a74 7b7 ,,ftc report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,commission shall submit to ,congress1 and make available to the public1 a report on the enforcement activities of the ,commission under this ,act1 which shall include an assessment of the impact of the enforcement of this ,act on consumer prices1 both for tariffed goods and all goods4