[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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