SAD Act

I 118TH CONGRESS 1ST SESSION H. R. 2736 To prohibit disinformation in the advertising of abortion services, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 20, 2023 Ms. BONAMICI (for herself, Mrs. SYKES, Mrs. TRAHAN, Mr. GRIJALVA, Ms. TITUS, Mr. TAKANO, Ms. PORTER, Mr. VEASEY, Ms. WILLIAMS of Geor- gia, Ms. LEE of Pennsylvania, Mr. EVANS, Ms. PINGREE, Ms. WASSERMAN SCHULTZ, Mrs. FLETCHER, Mrs. WATSON COLEMAN, Ms. KUSTER, Mr. BOWMAN, Mr. CONNOLLY, Ms. BUDZINSKI, Mr. GARCI´A of Illinois, Ms. LOIS FRANKEL of Florida, Ms. CROCKETT, Ms. SCANLON, Ms. DELBENE, Ms. MCCOLLUM, Mr. GOTTHEIMER, Ms. ADAMS, Ms. ESCOBAR, Ms. CHU, Mrs. MCCLELLAN, Ms. DEGETTE, Ms. NORTON, Ms. JACOBS, Ms. TLAIB, Mr. POCAN, Ms. MATSUI, Mr. HUFFMAN, Ms. LEE of California, Ms. TOKUDA, Ms. BALINT, Mr. ALLRED, Mrs. HAYES, Ms. SALINAS, Ms. VELA´ZQUEZ, Mr. AUCHINCLOSS, and Ms. JAYAPAL) in- troduced the following bill; which was referred to the Committee on En- ergy and Commerce A BILL To prohibit disinformation in the 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 Antiabortion 4 Disinformation Act’’ or the ‘‘SAD Act’’. 5 VerDate Sep 11 2014 00:46 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2736.IH H2736 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2736 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Abortion services are an essential compo- 3 nent of reproductive health care. 4 (2) On June 24, 2022, in Dobbs v. Jackson 5 Women’s Health Organization, the Supreme Court 6 overruled Roe v. Wade, reversing decades of prece- 7 dent recognizing a constitutional right to abortion 8 and permitting decimation of an already precarious 9 landscape of access to abortion. 10 (3) The effects were immediate and disastrous. 11 As of January 2023, abortion is unavailable in 14 12 States, leaving 17.8 million women of reproductive 13 age (ages 15 to 49) and transgender and gender 14 nonconforming individuals without access to abortion 15 in the home State of such individuals. 16 (4) Travel time to an abortion clinic, already 17 burdensome under Roe, has more than tripled since 18 the Dobbs decision, as scores of clinics in already 19 underserved areas have been forced to close and 20 more patients have been forced to travel to other 21 States. As distance to an abortion facility increases, 22 so do the accompanying burdens of time off from 23 work or school, lost wages, transportation costs, 24 lodging, child care costs, and other ancillary costs. 25 VerDate Sep 11 2014 00:46 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2736.IH H2736 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2736 IH (5) The freedom to decide whether and when to 1 have a child is key to the ability of an individual to 2 participate fully in our democracy. 3 (6) Crisis pregnancy centers (CPCs) are anti- 4 abortion organizations that present themselves as 5 comprehensive reproductive health care providers 6 with the intent of discouraging pregnant people from 7 having abortions. 8 (7) According to the Journal of Medical Inter- 9 net Research (JMIR) Public Health and Surveil- 10 lance, there are more than 2,500 CPCs in the 11 United States, though some antiabortion groups 12 claim that the number is closer to 4,000. 13 (8) According to 2020 data from JMIR Public 14 Health and Surveillance, on average, CPCs out- 15 number abortion clinics nationwide by an average of 16 3 to 1. In some States, this statistic is higher. For 17 example, The Alliance: State Advocates for Women’s 18 Rights & Gender Equality (The Alliance) found that 19 in Pennsylvania, CPCs outnumber abortion clinics 20 by 9 to 1. The Alliance also found that in Min- 21 nesota, CPCs outnumber abortion clinics by 11 to 1. 22 (9) CPCs routinely engage in a variety of de- 23 ceptive tactics, including making false claims about 24 reproductive health care and providers, dissemi- 25 VerDate Sep 11 2014 00:46 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2736.IH H2736 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2736 IH nating inaccurate, misleading, and stigmatizing in- 1 formation about the risks of abortion and contracep- 2 tion, and using illegitimate or false citations to 3 imply that deceptive claims are supported by legiti- 4 mate medical sources. 5 (10) CPCs typically advertise themselves as 6 providers of comprehensive health care. However, 7 most CPCs in the United States do not employ li- 8 censed medical personnel or provide referrals for 9 birth control or abortion care. 10 (11) By using these deceptive tactics, CPCs 11 prevent people from accessing reproductive health 12 care and intentionally delay access to time-sensitive 13 abortion services. The harm of these delays is far 14 greater in the wake of the Dobbs decision. 15 (12) CPCs target underresourced neighbor- 16 hoods and communities of color, including Black, 17 Latino, Indigenous, Asian-American, Pacific Is- 18 lander, and immigrant communities, by locating 19 their facilities near social services centers and com- 20 prehensive reproductive health care providers. CPCs 21 place advertisements in these neighborhoods that 22 mislead and draw people away from nearby pro- 23 viders that offer evidence-based sexual and reproduc- 24 tive health care, including abortion care. This exac- 25 VerDate Sep 11 2014 00:46 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2736.IH H2736 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2736 IH erbates existing health barriers and delays access to 1 time-sensitive care. 2 (13) People are entitled to honest, accurate, 3 and timely information when seeking reproductive 4 health care. 5 SEC. 3. PROHIBITION ON DISINFORMATION OF ABORTION 6 SERVICES. 7 (a) CONDUCT PROHIBITED.— 8 (1) PROHIBITION.—It shall be unlawful for any 9 person to engage in deceptive advertising about the 10 reproductive health services offered by the person, 11 including advertising that deceptively states that the 12 person— 13 (A) offers or provides contraception or 14 abortion services (or referrals for such contra- 15 ception or abortion services); or 16 (B) employs or offers access to licensed 17 medical personnel. 18 (2) RULEMAKING.—The Commission may pro- 19 mulgate regulations under section 553 of title 5, 20 United States Code, to implement this section. 21 (3) ENFORCEMENT BY THE COMMISSION.—A 22 violation of this section or a regulation promulgated 23 under this section shall be treated as a violation of 24 a regulation under section 18(a)(1)(B) of the Fed- 25 VerDate Sep 11 2014 00:46 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2736.IH H2736 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2736 IH eral Trade Commission Act (15 U.S.C. 1 57a(a)(1)(B)) regarding unfair or deceptive acts or 2 practices. Except as otherwise provided in para- 3 graphs (4) to (6), the Commission shall enforce this 4 section and the regulations promulgated under this 5 section in the same manner, by the same means, and 6 with the same jurisdiction, powers, and duties as 7 though all applicable terms and provisions of the 8 Federal Trade Commission Act were incorporated 9 into and made a part of this section. Any person 10 who violates this section or a regulation promulgated 11 under this section shall be subject to the penalties 12 and entitled to the privileges and immunities pro- 13 vided in the Federal Trade Commission Act (15 14 U.S.C. 41 et seq.). 15 (4) NONPROFIT ORGANIZATIONS.—Notwith- 16 standing section 4, 5(a)(2), or 6 of the Federal 17 Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) 18 or any jurisdictional limitation of the Commission, 19 the Commission shall also enforce this section or a 20 regulation promulgated under this section, in the 21 same manner provided in paragraphs (1) and (3), 22 with respect to organizations not organized to carry 23 on business for their own profit or that of their 24 members. 25 VerDate Sep 11 2014 00:46 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2736.IH H2736 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2736 IH (5) CIVIL PENALTY.—In addition to any other 1 penalty as may be prescribed by law, any person who 2 violates this section or a regulation promulgated 3 under this section shall be punishable by a civil pen- 4 alty that shall not exceed the greater of— 5 (A) $100,000; or 6 (B) 50 percent of the revenues earned by 7 the ultimate parent entity of a person during 8 the preceding 12-month period. 9 (6) INDEPENDENT LITIGATION AUTHORITY.— 10 (A) CIVIL ACTION BY COMMISSION.—If the 11 Commission has reason to believe that a person 12 has violated this section or a regulation promul- 13 gated under this section, the Commission may 14 bring a civil action in any appropriate United 15 States district court for any of the following 16 remedies: 17 (i) To enjoin any further such viola- 18 tion by such person. 19 (ii) To enforce compliance with this 20 section or a regulation promulgated under 21 this section. 22 (iii) To obtain a permanent, tem- 23 porary, or preliminary injunction. 24 (iv) To obtain civil penalties. 25 VerDate Sep 11 2014 00:46 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2736.IH H2736 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2736 IH (v) To obtain damages, restitution, or 1 other compensation on behalf of aggrieved 2 consumers. 3 (vi) To obtain any other appropriate 4 equitable relief. 5 (B) EXCLUSIVE AUTHORITY OF COMMIS- 6 SION.—Except as otherwise provided in section 7 16(a)(3) of the Federal Trade Commission Act 8 (15 U.S.C. 56(a)(3)), the Commission shall 9 have exclusive authority to commence or defend, 10 and supervise the litigation of, any civil action 11 under this section and any appeal of such ac- 12 tion, in its own name by any of its attorneys, 13 designated by it for such purpose, unless the 14 Commission authorizes the Attorney General to 15 do so. The Commission shall inform the Attor- 16 ney General of the exercise of such authority, 17 and such exercise shall not preclude the Attor- 18 ney General from intervening on behalf of the 19 United States in such action and any appeal of 20 such action as may be otherwise provided by 21 law. 22 (b) REPORTS.—Beginning 1 year after the date of 23 the enactment of this Act, and every 2 years thereafter, 24 the Commission shall submit to Congress a report that 25 VerDate Sep 11 2014 00:46 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2736.IH H2736 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2736 IH includes, with respect to the previous year, a description 1 of any enforcement action by the Commission under this 2 Act, any regulation promulgated under this Act, and the 3 outcomes of such actions. 4 (c) SAVINGS CLAUSE.—Nothing in this Act may be 5 construed to limit the authority of the Commission under 6 any other provision of law. 7 (d) DEFINITIONS.—In this Act: 8 (1) ABORTION SERVICES.—The term ‘‘abortion 9 services’’ means an abortion or any medical or non- 10 medical services related to or provided in conjunction 11 with an abortion, whether or not provided at the 12 same time or on the same day as the abortion. 13 (2) COMMISSION.—The term ‘‘Commission’’ 14 means the Federal Trade Commission. 15 (3) PERSON.—The term ‘‘person’’ has the 16 meaning given that term in section 551(2) of title 5, 17 United States Code. 18 Æ VerDate Sep 11 2014 00:46 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H2736.IH H2736 pbinns on DSKJLVW7X2PROD with $$_JOB