[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2646 Introduced in House (IH)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Deceptive Advertising for 
Women's Healthcare Services Act''.

SEC. 2. PROHIBITION OF DECEPTIVE ADVERTISING OF ABORTION SERVICES.

    (a) Conduct Prohibited.--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--
            (1) such person is a provider of abortion services if such 
        person does not provide abortion services; and
            (2) such person is not a provider of abortion services if 
        such person does provide abortion services.
    (b) 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.).
    (c) Nonprofit Organizations.--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)).

SEC. 3. REPORTS.

    (a) 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.
    (b) Annual Reports.--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.

SEC. 4. DEFINITIONS.

    For purposes of the rules prescribed under section 2, the following 
definitions apply:
            (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 that 
        term in section 551(2) of title 5, United States Code.
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