Sec. 6. Emergency enforcement of price gouging laws
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/bill/119/s/4266/is/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
During the period that the emergency declared under section 3 is in effect, the Attorney General and the Chair of the Federal Trade Commission shall jointly establish a task force to be known as the Joint Task Force on Consumer Costs (in this section referred to as the Task Force ). The Task Force shall be composed of— the Attorney General (or a designee), who shall serve as a Co-Chair; the Chair of the Federal Trade Commission (or a designee), who shall serve as a Co-Chair; and such other officers and employees of the Department of Justice and the Federal Trade Commission as the Co-Chairs may jointly designate, including— attorneys from the Antitrust Division of the Department of Justice; attorneys from the Bureau of Competition and the Bureau of Consumer Protection of the Federal Trade Commission; and economists and investigators with expertise in supply chain dynamics and retail pricing.
The Task Force shall coordinate the efforts of the Federal Government to prevent and prosecute price gouging and other anticompetitive practices during the period that the emergency declared under section 3 is in effect, including by— monitoring retail and wholesale price increases for essential goods and services; sharing information and evidence between the Department of Justice and the Federal Trade Commission regarding potential violations of Federal law; investigating business and industry practices that inflate costs for households; initiating joint investigations into suspected anticompetitive practices, unfair or deceptive acts or practices, and unfair and illegal pricing practices such as price gouging, price-fixing, and price discrimination; providing guidance to State attorneys general to ensure a coordinated national response to localized unfair and illegal pricing practices; and establishing a centralized public portal for consumers and whistleblowers to report suspected anticompetitive, unfair or deceptive practices, and unfair and illegal pricing practices.
In carrying out its duties under subsection (c), the Task Force shall utilize all authorities available to the Department of Justice and the Federal Trade Commission, including authorities under— the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ); the Sherman Act ( 15 U.S.C. 1 et seq. ); the Clayton Act ( 15 U.S.C. 12 et seq. ); and any other Federal statute prohibiting fraud, hoarding, or the manipulation of prices in interstate commerce. The Attorney General and the Chair of the Federal Trade Commission may— detail personnel to the Task Force on a non-reimbursable basis; and notwithstanding any other provision of law, share investigative files, data, and technical resources if— such sharing is necessary for the performance of the duties of the Task Force under subsection (c); and appropriate protections for confidential business information are maintained.
Not later than 60 days after the establishment of the Task Force, and every 90 days thereafter until the Task Force is terminated pursuant to subsection (g), the Co-Chairs shall submit a report on the activities of the Task Force, including the number of investigations opened and the status of enforcement actions, to— the Committee on the Judiciary of the Senate; the Committee on Commerce, Science, and Transportation of the Senate; the Committee on the Judiciary of the House of Representatives; and the Committee on Energy and Commerce of the House of Representatives.
The Task Force shall terminate on the date that is 30 days after the expiration or rescission of the emergency declared under section 3. Nothing in this Act shall be construed as authorizing the Department of Justice or the Federal Trade Commission to suspend, terminate, or deprioritize any ongoing investigation, enforcement action, or litigation initiated by the Task Force that is ongoing at the time the Task Force terminates pursuant to subsection (g).
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