I 
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. VELA´ZQUEZ, Ms. SCHAKOWSKY, and Ms. NORTON) in-
troduced the following bill; which was referred to the Committee on En-
ergy 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 provi-
sions 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Gratuitous Over-
charging for Ubiquitous Global Exports Act’’ or the ‘‘No 
GOUGE Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(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 as-
sembly 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 tar-
iff’’ 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 de-
termined 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. 
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(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 re-
spect to which— 
(A) tariffs or planned tariffs, including tar-
iff 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 
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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 tar-
iff 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 ‘‘ul-
timate 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 dem-
onstrated by a written or spoken statement, as the 
case may be. 
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(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 tar-
iff with respect to such good; and 
(bb) additional costs (not in-
cluding costs relating to in-
creased executive compensation 
or share repurchase programs) 
incurred by such person in pro-
viding such good that dem-
onstrate 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 re-
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spect to which a tariff applies to a compo-
nent 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 tar-
iff with respect to such compo-
nent; and 
(bb) additional costs (not in-
cluding costs relating to in-
creased executive compensation 
or share repurchase programs) 
incurred by such person in pro-
viding such good that dem-
onstrate 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— 
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(aa) the imposition of a tar-
iff with respect to such compo-
nent; and 
(bb) additional costs (not in-
cluding costs relating to in-
creased executive compensation 
or share repurchase programs) 
incurred by such person in pro-
viding such good that dem-
onstrate 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 gen-
erated 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 dem-
onstrated by a written or spoken statement, as 
the case may be, shall be determined by ref-
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erence 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 enact-
ment of this Act, and annually thereafter, the Com-
mission shall adjust the amount specified in para-
graph (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 de-
scribed in paragraph (3)); and 
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(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 tar-
iff applicable to such good entered into force or 
was demonstrated by a written or spoken state-
ment, as the case may be. 
(2) REBUTTAL.—A person may rebut a pre-
sumption under paragraph (1) if such person dem-
onstrates by clear and convincing evidence that the 
relevant increase in the price of a tariffed good is at-
tributable, in full, to costs directly generated— 
(A) by the imposition of a tariff with re-
spect to such tariffed good; or 
(B) by— 
(i) the imposition of a tariff with re-
spect to such tariffed good; and 
(ii) additional costs (not including 
costs relating to increased executive com-
pensation 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. 
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(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 Janu-
ary of the first year beginning after the date of 
the enactment of this Act, and annually there-
after, the Commission shall adjust the amount 
specified in subparagraph (A)(i) by the percent-
age 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 
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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 sub-
stantially similar to a tariffed good. 
(d) REGULATIONS.— 
(1) IN GENERAL.—The Commission may pro-
mulgate, in accordance with section 553 of title 5, 
United States Code, such regulations as may be nec-
essary to carry out this section. 
(2) INTERAGENCY CONSULTATION.—The Com-
mission, in promulgating regulations under this sub-
section, shall consult with the United States Trade 
Representative, the United States International 
Trade Commission, U.S. Customs and Border Pro-
tection, and the Bureau of Labor Statistics. 
(e) ENFORCEMENT BY COMMISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—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. 
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57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices. 
(2) POWERS
OF
COMMISSION.—The Commis-
sion 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 at-
torney 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 
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a civil action on behalf of the residents of the State 
in an appropriate State court or an appropriate dis-
trict 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 appro-
priate. 
(2) NOTICE.—Before filing an action under this 
subsection, the attorney general, official, or agency 
of the State involved shall provide to the Commis-
sion a written notice of such action and a copy of 
the complaint for such action. If the attorney gen-
eral, official, or agency determines that it is not fea-
sible to provide the notice described in this para-
graph before the filing of the action, the attorney 
general, official, or agency shall provide written no-
tice of the action and a copy of the complaint to the 
Commission immediately upon the filing of the ac-
tion. 
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(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 con-
strued 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 in-
vestigations, 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. 
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(g) EFFECT ON OTHER LAWS.—Nothing in this sec-
tion may be construed to preempt or otherwise affect any 
State or local law. 
(h) REPORTING BY CONSUMERS AND RELATED IN-
VESTIGATIONS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commission shall establish a mechanism for con-
sumers to report to the Commission potential viola-
tions of this section. 
(2) REQUIREMENTS.—The mechanism estab-
lished under paragraph (1) shall allow a consumer to 
report a potential violation by a variety of means, in-
cluding 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 estab-
lishing, and providing a detailed description of, the 
process by which the Commission shall consider re-
ports provided through the mechanism established 
under paragraph (1) and, if applicable, open inves-
tigations into potential violations of this section. 
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(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to preclude the Com-
mission 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 col-
lect sufficiently granular data with respect to 
pricing decisions and consumer prices to effec-
tively identify price increases for tariffed goods. 
(B) DEVELOPMENT OF NEW SURVEYS.—If 
the Bureau of Labor Statistics determines 
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