Bill Summary
This legislation, entitled the "Stop Deceptive Advertising for Women's Healthcare Services Act", aims to prevent deceptive advertising of abortion services by directing the Federal Trade Commission (FTC) to create rules prohibiting such practices. Within 180 days of the Act's enactment, the FTC must create rules that prevent individuals or organizations from advertising that they provide or do not provide abortion services when this is not the case. The FTC will enforce these rules in the same manner as other unfair or deceptive practices, and non-profit organizations will also be subject to these rules. The Act also requires the FTC to report to Congress on their plan for enforcing these rules and to submit annual reports on their enforcement actions. Finally, the Act defines key terms such as "advertise", "abortion services", and "person" for the purposes of these rules.
Possible Impacts
1. This legislation could affect people who work for or operate healthcare facilities that provide abortion services, as they would have to ensure that their advertising is not deceptive or misleading.
2. It could also affect pregnant individuals seeking abortion services, as they may have to navigate through potentially misleading or false advertising when trying to find a reputable provider.
3. The legislation could also impact the Federal Trade Commission, as they would be responsible for enforcing and reporting on the implementation of the rules to prohibit deceptive advertising of abortion services.
[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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