Stop Deceptive Advertising for Women's Services Act of 2013

Stop Deceptive Advertising for Women's Services Act of 2013 - Requires the Federal Trade Commission (FTC) to promulgate rules to prohibit, as an unfair and deceptive act or practice, a 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 such services, or (2) such person is not a provider of abortion services if such person does provide such services.

Defines "abortion services" as providing surgical and non-surgical procedures to terminate a pregnancy, or providing referrals for such procedures.

Sets forth the enforcement authority of the FTC, including with respect to nonprofit organizations.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 981 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 981

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


_______________________________________________________________________


                   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.

    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 Services Act of 2013''.

SEC. 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.
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