[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4469 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4469

 To direct the Federal Trade Commission to prescribe rules prohibiting 
 disinformation in the advertising of abortion services, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2022

  Mr. Menendez (for himself, Ms. Warren, Ms. Hirono, Mr. Schatz, Mr. 
    Booker, Ms. Smith, Ms. Klobuchar, Mr. Sanders, Mrs. Murray, Mr. 
 Merkley, Mr. Blumenthal, Mrs. Feinstein, Mr. Wyden, Mrs. Gillibrand, 
 Mr. Markey, and Mr. Warner) 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 
 disinformation in the 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 Anti-Abortion Disinformation 
Act'' or the ``SAD Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Abortion services are an essential component of 
        reproductive health care.
            (2) The freedom to decide whether and when to have a child 
        is key to the ability of an individual to participate fully in 
        our democracy.
            (3) Crisis pregnancy centers (CPCs) are anti-abortion 
        organizations that present themselves as comprehensive 
        reproductive health care providers with the intent of 
        discouraging pregnant people from having abortions.
            (4) According to the Journal of Medical Internet Research 
        (JMIR) Public Health and Surveillance, there are more than 
        2,500 CPCs in the United States, though some anti-abortion 
        groups claim that the number is closer to 4,000.
            (5) According to 2020 data from JMIR Public Health and 
        Surveillance, on average, CPCs outnumber abortion clinics 
        nationwide by an average of 3 to 1. In some States, this 
        statistic is higher. For example, The Alliance: State Advocates 
        for Women's Rights & Gender Equality (``The Alliance'') found 
        that in Pennsylvania, CPCs outnumber abortion clinics by 9 to 
        1. The Alliance also found that in Minnesota, CPCs outnumber 
        abortion clinics by 11 to 1.
            (6) CPCs routinely engage in a variety of deceptive 
        tactics, including making false claims about reproductive 
        health care and providers, disseminating inaccurate, 
        misleading, and stigmatizing information about the risks of 
        abortion and contraception, and using illegitimate or false 
        citations to imply that deceptive claims are supported by 
        legitimate medical sources.
            (7) CPCs typically advertise themselves as providers of 
        comprehensive health care. However, most CPCs in the United 
        States do not employ licensed medical personnel or provide 
        referrals for birth control or abortion care.
            (8) By using these deceptive tactics, CPCs prevent people 
        from accessing reproductive health care and intentionally delay 
        access to time-sensitive abortion services.
            (9) CPCs target under-resourced neighborhoods and 
        communities of color, including Black, Latino, Indigenous, 
        Asian American, Pacific Islander, and immigrant communities, by 
        locating their facilities near social services centers and 
        comprehensive reproductive health care providers. CPCs place 
        advertisements in these neighborhoods that mislead and draw 
        people away from nearby providers that offer evidence-based 
        sexual and reproductive health care, including abortion care. 
        This exacerbates existing health barriers and delays access to 
        time-sensitive care.
            (10) People are entitled to honest, accurate, and timely 
        information when seeking reproductive health care.

SEC. 3. PROHIBITION ON DISINFORMATION OF ABORTION SERVICES.

    (a) Conduct Prohibited.--
            (1) Rule required.--Not later than 180 days after the date 
        of the enactment of this section, the Commission shall, in 
        accordance with section 553 of title 5, United States Code, 
        promulgate rules to prohibit a person from advertising with the 
        use of misleading statements related to the provision of 
        abortion services.
            (2) Enforcement by the commission.--A violation of a rule 
        promulgated under paragraph (1) 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)). Except as otherwise provided, the 
        Commission shall enforce such rule 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 section. Any person who violates this section 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.).
            (3) Nonprofit organizations.--The Commission shall enforce 
        this section 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)).
            (4) Civil penalty.--In addition to any other penalty as may 
        be prescribed by law, in an action brought by the Commission 
        under this section, the total civil penalty shall not exceed 
        the greater of--
                    (A) $100,000; or
                    (B) 50 percent of the revenues earned by the 
                ultimate parent entity of a person during the preceding 
                12-month period.
            (5) Independent litigation authority.--If the Commission 
        has reason to believe that a person has violated this section, 
        the Commission may bring a civil action in any appropriate 
        United States district court to--
                    (A) enjoin any further such violation by such 
                person;
                    (B) enforce compliance with this section;
                    (C) obtain a permanent, temporary, or preliminary 
                injunction;
                    (D) obtain civil penalties;
                    (E) obtain damages, restitution, or other 
                compensation on behalf of aggrieved consumers; or
                    (F) obtain any other appropriate equitable relief.
    (b) Reports.--
            (1) Report on plan for enforcement.--Not later than 60 days 
        after the date on which a final rule under subsection (a)(1) is 
        issued, the Commission shall submit to Congress a report 
        detailing a plan to enforce the rule.
            (2) Biannual reports.--Beginning one year after the date of 
        the enactment of this Act, and every 2 years thereafter, the 
        Commission shall submit to Congress a report that includes, 
        with respect to the previous year, a description of any 
        enforcement action by the Commission under this Act, any rule 
        promulgated pursuant to this Act, and the outcomes of such 
        actions.
    (c) Definitions.--In this Act:
            (1) Abortion services.--The term ``abortion services'' 
        means the provision of surgical and non-surgical procedures to 
        terminate a pregnancy or a referral for such procedures.
            (2) Advertise.--The term ``advertise'' means offering or 
        providing goods or services to the public, regardless of 
        whether such goods or services are offered for payment or 
        result in a profit.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Person.--The term ``person'' has the meaning given that 
        term in section 551(2) of title 5, United States Code.
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