,i #aahth ,,congress #b;d ,session ,h4 ,r4 #ghbh ,,in ,,the ,,house ,,of ,,representatives ,march #bf1 #bjbd,mrs4 ,torres of ,california 7for herself1 ,mrs4 ,beatty1 ,ms4 ,bonamici1 ,mr4 ,bowman1 ,ms4 ,brownley1 ,ms4 ,clarke of ,new ,york1 ,ms4 ,chu1 ,mr4 ,connolly1 ,ms4 ,dean of ,pennsylvania1 ,mrs4 ,dingell1 ,ms4 ,lois ,frankel of ,florida1 ,mr4 ,frost1 ,ms4 ,garcia of ,texas1 ,mr4 ,green of ,texas1 ,mr4 ,johnson of ,georgia1 ,mrs4 ,hayes1 ,mr4 ,khanna1 ,ms4 ,kelly of ,illinois1 ,ms4 ,moore of ,wisconsin1 ,ms4 ,norton1 ,ms4 ,omar1 ,mr4 ,pocan1 ,mrs4 ,ramirez1 ,mr4 ,schiff1 ,ms4 ,titus1 ,ms4 ,velzquez1 ,ms4 ,wasserman ,schultz1 and ,mrs4 ,watson ,coleman7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to prohibit the pricing of consumer products and services that are substantially similar if such products or services are priced differently based on the gender of the individuals for whose use the products are intended or marketed or for whom the services are performed or offered4 #a4 ,short title ,this ,act may be cited as the ,pink ,tax ,repeal ,act4 #b4 ,prohibition on gender-based pricing of consumer products and services 7a7 ,prohibited practices 7#a7 ,consumer products ,it shall be unlawful for any person to sell or offer for sale in interstate commerce any two consumer products from the same manufacturer that are substantially similar if such products are priced differently based on the gender of the individuals for whose use the products are intended or marketed4 7#b7 ,services ,it shall be unlawful for any person to sell or offer for sale any services that are substantially similar if such services are priced differently based on the gender of the individuals for which the services are performed1 offered1 or marketed4 7b7 ,enforcement by the ,commission 7#a7 ,unfair and deceptive act or practice ,a violation of subsection 7a7 shall be treated as a violation of a rule prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 defining an unfair or deceptive act or practice in or affecting interstate commerce4 7#b7 ,powers of the commission ,the ,federal ,trade ,commission shall enforce 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 were incorporated into and made a part of this ,act4 7#c7 ,privileges and immunities ,any person who violates subsection 7a7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#d7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7c7 ,state attorneys general 7#a7 ,civil action ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of the ,state has been or is adversely affected by a violation of subsection 7a71 the attorney general may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states-- 7,a7 to enjoin further violation of such subsection by the defendant2 7,b7 to compel compliance with such subsection2 or 7,c7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state4 7#b7 ,notice to the ,commission 7,a7 ,notice ,except as provided in subparagraph 7,c71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 not later than #aj days before initiating the civil action4 7,b7 ,contents ,the notice required by subparagraph 7,a7 shall include a copy of the complaint to be filed to initiate such civil action4 7,c7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notice required by subparagraph 7,a71 the attorney general shall notify the ,commission immediately upon instituting a civil action under paragraph 7#a74 7#c7 ,intervention by the ,commission ,the ,commission may-- 7,a7 intervene in any civil action brought by the attorney general of a ,state under this subsection2 and 7,b7 upon intervening1 be heard on all matters arising in such civil action and file petitions for appeal of a decision in such action4 7#d7 ,investigatory powers ,nothing in this subsection may be construed to prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of the ,state to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#e7 ,preemptive action by the ,commission ,if the ,commission institutes a civil action or an administrative action for a violation of this section1 the attorney general of a ,state may not1 during the pendency of such action1 bring a civil action under this subsection against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#f7 ,actions by other state officials 7,a7 ,in general ,in addition to any civil action brought by an attorney general under paragraph 7#a71 any other consumer protection officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by an attorney general4 7,b7 ,savings provision ,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 7d7 ,rules of construction 7#a7 ,substantially similar products ,for purposes of this section1 two consumer products are substantially similar if there are no substantial differences in the materials used in the product1 the intended use of the product1 and the functional design and features of the product4 ,a difference in coloring among any consumer products shall not be construed as a substantial difference for purposes of this paragraph4 7#b7 ,substantially similar services ,for purposes of this section1 two services are substantially similar if there is no substantial difference in the amount of time to provide the services1 the difficulty in providing the services1 or the cost of providing the services4 7e7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,consumer product ,the term consumer product-- 7,a7 has the meaning given such term in section #c of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeb72 7,b7 includes a device or cosmetics1 as such terms are defined in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba72 and 7,c7 includes a child restraint system1 as such term is defined in section #ega4bac of title #di1 ,code of ,federal ,regulations4