H. R. 2646
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
To direct the Federal Trade Commission to prescribe rules prohibiting deceptive advertising of abortion services, and for other purposes.
This Act may be cited as the
Stop Deceptive Advertising for Women’s Healthcare Services Act.
Prohibition of deceptive advertising of abortion services
Not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall, in accordance with section 553 of title 5, United States Code, promulgate rules to prohibit, as an unfair or deceptive act or practice, any person from advertising with the intent to deceptively create the impression that—
such person is a provider of abortion services if such person does not provide abortion services; and
such person is not a provider of abortion services if such person does provide abortion services.
Enforcement by the FTC
A violation of a rule promulgated under subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce such rules 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. Any person who violates this Act 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.).
The Commission shall enforce this Act with respect to an organization that is not organized to carry on business for its own profit or that of its members as if such organization were a person over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)).
Report on plan for enforcement
Not later than 60 days after issuing a final rule under section 2(a), the Federal Trade Commission shall transmit to Congress a report detailing its plan to enforce such rule.
The Commission shall submit annual reports to Congress that include the enforcement actions of the Commission under this Act and any rule promulgated pursuant to this Act and the outcomes of such actions.
For purposes of the rules prescribed under section 2, the following definitions apply:
The term advertise means offering of goods or services to the public, regardless of whether such goods or services are offered for payment or result in a profit.
The term abortion services means providing surgical and non-surgical procedures to terminate a pregnancy, or providing referrals for such procedures.
The term person has the meaning given that term in section 551(2) of title 5, United States Code.