113 S981 IS: Stop Deceptive Advertising for Women’s Services Act of 2013 U.S. Senate 2013-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS 1st Session S. 981 IN THE SENATE OF THE UNITED STATES May 16, 2013 Mr. Menendez (for himself, Mr. Blumenthal, and Mr. Lautenberg) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Federal Trade Commission to prescribe rules prohibiting deceptive advertising of abortion services, and for other purposes.

1.

Short title

This Act may be cited as the Stop Deceptive Advertising for Women’s Services Act of 2013.

2.

Prohibition of deceptive advertising of abortion services

(a)

Conduct Prohibited

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules to prohibit, as an unfair and deceptive act or practice, any person from advertising with the intent to deceptively create the impression that— (A)such person is a provider of abortion services if such person does not provide abortion services; and (B)such person is not a provider of abortion services if such person does provide abortion services. (2)

Rulemaking

Notwithstanding any other provision of law, the Commission shall promulgate a rule under this subsection in accordance with section 553 of title 5, United States Code. (b)

Enforcement

(1)

Unfair or deceptive acts or practices

A violation of a rule promulgated under subsection (a)(1) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2)

Powers of Commission

(A)

In general

Except as provided in subparagraph (C), the Federal Trade Commission shall enforce this Act 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 (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B)

Privileges and immunities

Except as provided in subparagraph (C), 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.). (C)

Nonprofit organizations

The Federal Trade 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)). (c)

Definitions

In this section: (1)

Advertise

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. (2)

Abortion services

The term abortion services means providing surgical and non-surgical procedures to terminate a pregnancy, or providing referrals for such procedures. (3)

Person

The term person has the meaning given such term in section 551(2) of title 5, United States Code.