[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3853 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3853

  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 offered.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2021

 Ms. Speier (for herself, Ms. Lois Frankel of Florida, Mr. Evans, Ms. 
  Lee of California, Ms. Wasserman Schultz, Ms. Titus, Mr. Garcia of 
Illinois, Ms. Kelly of Illinois, Mrs. Lawrence, Mr. Beyer, Mr. Raskin, 
 Ms. Moore of Wisconsin, Mr. Lowenthal, Mr. McGovern, Ms. Jackson Lee, 
Mrs. Bustos, Mr. Soto, Mr. Reed, Mr. Fitzpatrick, Ms. Chu, Ms. Norton, 
    Ms. Omar, Mrs. Hayes, Mrs. Carolyn B. Maloney of New York, Ms. 
   Bonamici, Mrs. Dingell, Ms. Brownley, Mr. Lawson of Florida, Mrs. 
 Beatty, Mr. Grijalva, Ms. Ocasio-Cortez, Mr. Johnson of Georgia, Ms. 
Velazquez, Mr. Cicilline, Mr. Ryan, Mrs. Watson Coleman, Mr. Pocan, Ms. 
 Tlaib, Ms. Jayapal, Mr. Lieu, Ms. Meng, Mr. Harder of California, Ms. 
    Roybal-Allard, Mr. Carson, Ms. Castor of Florida, and Ms. Dean) 
 introduced the following bill; 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 offered.

    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 ``Pink Tax Repeal Act''.

SEC. 2. PROHIBITION ON GENDER-BASED PRICING OF CONSUMER PRODUCTS AND 
              SERVICES.

    (a) Prohibited Practices.--
            (1) 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 marketed.
            (2) 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 performed, offered, 
        or marketed.
    (b) Enforcement by the Commission.--
            (1) Unfair and deceptive act or practice.--A violation of 
        subsection (a) shall be treated as a violation of a rule 
        prescribed under section 18(a)(1)(B) of the Federal Trade 
        Commission Act (15 U.S.C. 57a(a)(1)(B)) defining an unfair or 
        deceptive act or practice in or affecting interstate commerce.
            (2) Powers of the commission.--The Federal Trade Commission 
        shall enforce 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 were incorporated into and made a part of this 
        Act.
            (3) Privileges and immunities.--Any person who violates 
        subsection (a) shall be subject to the penalties and entitled 
        to the privileges and immunities provided in the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.).
            (4) Authority preserved.--Nothing in this section shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.
    (c) State Attorneys General.--
            (1) 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 (a), the attorney general may, as 
        parens patriae, bring a civil action on behalf of the residents 
        of the State in an appropriate district court of the United 
        States--
                    (A) to enjoin further violation of such subsection 
                by the defendant;
                    (B) to compel compliance with such subsection; or
                    (C) obtain damages, restitution, or other 
                compensation on behalf of residents of the State.
            (2) Notice to the commission.--
                    (A) Notice.--Except as provided in subparagraph 
                (C), the attorney general of a State shall notify the 
                Commission in writing that the attorney general intends 
                to bring a civil action under paragraph (1) not later 
                than 10 days before initiating the civil action.
                    (B) Contents.--The notice required by subparagraph 
                (A) shall include a copy of the complaint to be filed 
                to initiate such civil action.
                    (C) Exception.--If it is not feasible for the 
                attorney general of a State to provide the notice 
                required by subparagraph (A), the attorney general 
                shall notify the Commission immediately upon 
                instituting a civil action under paragraph (1).
            (3) Intervention by the commission.--The Commission may--
                    (A) intervene in any civil action brought by the 
                attorney general of a State under this subsection; and
                    (B) upon intervening, be heard on all matters 
                arising in such civil action and file petitions for 
                appeal of a decision in such action.
            (4) 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 investigations, to administer 
        oaths or affirmations, or to compel the attendance of witnesses 
        or the production of documentary or other evidence.
            (5) Preemptive action by the commission.--If the Commission 
        institutes a civil action or an administrative action for a 
        violation of this section, the attorney general of a State may 
        not, during the pendency of such action, 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 action.
            (6) Actions by other state officials.--
                    (A) In general.--In addition to any civil action 
                brought by an attorney general under paragraph (1), any 
                other consumer protection officer of a State who is 
                authorized by the State to do so may bring a civil 
                action under paragraph (1), subject to the same 
                requirements and limitations that apply under this 
                subsection to civil actions brought by an attorney 
                general.
                    (B) 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 State.
    (d) Rules of Construction.--
            (1) Substantially similar products.--For purposes of this 
        section, two consumer products are substantially similar if 
        there are no substantial differences in the materials used in 
        the product, the intended use of the product, and the 
        functional design and features of the product. A difference in 
        coloring among any consumer products shall not be construed as 
        a substantial difference for purposes of this paragraph.
            (2) Substantially similar services.--For purposes of this 
        section, two services are substantially similar if there is no 
        substantial difference in the amount of time to provide the 
        services, the difficulty in providing the services, or the cost 
        of providing the services.
    (e) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Consumer product.--The term ``consumer product''--
                    (A) has the meaning given such term in section 3 of 
                the Consumer Product Safety Act (15 U.S.C. 2052);
                    (B) includes a device or cosmetics, as such terms 
                are defined in section 201 of the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 321); and
                    (C) includes a child restraint system, as such term 
                is defined in section 571.213 of title 49, Code of 
                Federal Regulations.
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