Stop Deceptive Advertising for Women’s Healthcare Services Act

I 116TH CONGRESS 1ST SESSION H. R. 2646 To direct the Federal Trade Commission to prescribe rules prohibiting deceptive advertising of abortion services, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 9, 2019 Mrs. CAROLYN B. MALONEY of New York (for herself, Ms. BONAMICI, Mr. FOSTER, Ms. JAYAPAL, Mr. MOULTON, Miss RICE of New York, Mr. GALLEGO, Mr. SCHIFF, Ms. MCCOLLUM, Mr. GRIJALVA, Mr. RASKIN, Ms. DELAURO, Mr. KRISHNAMOORTHI, Mr. POCAN, Mr. AGUILAR, and Mr. KHANNA) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Trade Commission to prescribe rules prohibiting deceptive advertising of abortion services, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Deceptive Adver- 4 tising for Women’s Healthcare Services Act’’. 5 VerDate Sep 11 2014 05:41 May 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2646.IH H2646 kjohnson on DSK79L0C42 with BILLS 2 •HR 2646 IH SEC. 2. PROHIBITION OF DECEPTIVE ADVERTISING OF 1 ABORTION SERVICES. 2 (a) CONDUCT PROHIBITED.—Not later than 180 3 days after the date of enactment of this Act, the Federal 4 Trade Commission shall, in accordance with section 553 5 of title 5, United States Code, promulgate rules to pro- 6 hibit, as an unfair or deceptive act or practice, any person 7 from advertising with the intent to deceptively create the 8 impression that— 9 (1) such person is a provider of abortion serv- 10 ices if such person does not provide abortion serv- 11 ices; and 12 (2) such person is not a provider of abortion 13 services if such person does provide abortion serv- 14 ices. 15 (b) ENFORCEMENT BY THE FTC.—A violation of a 16 rule promulgated under subsection (a) shall be treated as 17 a violation of a rule defining an unfair or deceptive act 18 or practice under section 18(a)(1)(B) of the Federal 19 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The 20 Commission shall enforce such rules in the same manner, 21 by the same means, and with the same jurisdiction, pow- 22 ers, and duties as though all applicable terms and provi- 23 sions of the Federal Trade Commission Act were incor- 24 porated into and made a part of this Act. Any person who 25 violates this Act shall be subject to the penalties and enti- 26 VerDate Sep 11 2014 05:41 May 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2646.IH H2646 kjohnson on DSK79L0C42 with BILLS 3 •HR 2646 IH tled to the privileges and immunities provided in the Fed- 1 eral Trade Commission Act (15 U.S.C. 41 et seq.). 2 (c) NONPROFIT ORGANIZATIONS.—The Commission 3 shall enforce this Act with respect to an organization that 4 is not organized to carry on business for its own profit 5 or that of its members as if such organization were a per- 6 son over which the Commission has authority pursuant to 7 section 5(a)(2) of the Federal Trade Commission Act (15 8 U.S.C. 45(a)(2)). 9 SEC. 3. REPORTS. 10 (a) REPORT ON PLAN FOR ENFORCEMENT.—Not 11 later than 60 days after issuing a final rule under section 12 2(a), the Federal Trade Commission shall transmit to 13 Congress a report detailing its plan to enforce such rule. 14 (b) ANNUAL REPORTS.—The Commission shall sub- 15 mit annual reports to Congress that include the enforce- 16 ment actions of the Commission under this Act and any 17 rule promulgated pursuant to this Act and the outcomes 18 of such actions. 19 SEC. 4. DEFINITIONS. 20 For purposes of the rules prescribed under section 21 2, the following definitions apply: 22 (1) ADVERTISE.—The term ‘‘advertise’’ means 23 offering of goods or services to the public, regardless 24 VerDate Sep 11 2014 05:41 May 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2646.IH H2646 kjohnson on DSK79L0C42 with BILLS 4 •HR 2646 IH of whether such goods or services are offered for 1 payment or result in a profit. 2 (2) ABORTION SERVICES.—The term ‘‘abortion 3 services’’ means providing surgical and non-surgical 4 procedures to terminate a pregnancy, or providing 5 referrals for such procedures. 6 (3) PERSON.—The term ‘‘person’’ has the 7 meaning given that term in section 551(2) of title 5, 8 United States Code. 9 Æ VerDate Sep 11 2014 05:41 May 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2646.IH H2646 kjohnson on DSK79L0C42 with BILLS