Prohibition on disinformation relating to abortion services

(a) Prohibition It shall be unlawful for any person to engage in deceptive advertising about the reproductive health services offered by the person, including advertising that misrepresents that the person— (1) offers or provides contraception or abortion services (or referrals for such contraception or abortion services); or (2) employs or offers access to licensed medical personnel. (b) Rulemaking The Commission may promulgate, under section 553 of title 5, United States Code, any regulations the Commission determines necessary to carry out this section. (c) Enforcement by Commission (1) Unfair or deceptive acts or practices A violation of this section or a regulation promulgated pursuant to this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of Commission Except as otherwise provided in paragraph (3), the Commission shall enforce this section and any regulation promulgated pursuant to this section 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, and any person who violates this section or a regulation promulgated pursuant to this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) Nonprofit organizations Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44; 45(a)(2); 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this section and any regulation promulgated pursuant to this section in the same manner provided in paragraphs (1) and (2) with respect to organizations not organized to carry on business for their own profit or that of their members. (4) Independent litigation authority (A) Civil action by Commission If the Commission has reason to believe that a person has violated this section or a regulation promulgated pursuant to this section, the Commission may bring a civil action in any appropriate United States district court for any of the following remedies: (i) To enjoin any further such violation by such person. (ii) To enforce compliance with this section or a regulation promulgated pursuant to this section. (iii) To obtain a permanent, temporary, or preliminary injunction. (iv) To obtain civil penalties. (v) To obtain damages, restitution, or other compensation on behalf of aggrieved consumers. (vi) To obtain any other appropriate equitable relief. (B) Exclusive authority of Commission (i) Exclusive authority Except as otherwise provided in section 16(a)(3) of the Federal Trade Commission Act (15 U.S.C. 56(a)(3)), the Commission shall have exclusive authority to commence or defend, and supervise the litigation of, any civil action under this section and any appeal of such action, in its own name by any of its attorneys, designated by it for such purpose, unless the Commission authorizes the Attorney General to do so. (ii) Relation to Attorney General The Commission shall inform the Attorney General of the exercise of such authority, and such exercise shall not preclude the Attorney General from intervening on behalf of the United States in such action and any appeal of such action as may be otherwise provided by law. (d) Civil penalty In addition to any other penalty as may be prescribed by law, any person who violates this section or a regulation promulgated pursuant this section shall be punishable by a civil penalty for each such violation that shall not exceed the greater of— (1) $100,000 (to be adjusted annually for inflation based on the change in the Consumer Price Index); or (2) 50 percent of the revenue earned by the ultimate parent entity of a person during the preceding 12-month period. (e) Reports Beginning 1 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— (1) any enforcement action by the Commission under this Act; (2) the outcome of any such action; and (3) any regulation promulgated pursuant to this Act. (f) Savings clause Nothing in this Act may be construed to limit the authority of the Commission under any other provision of law. (g) Definitions In this Act: (1) Abortion services The term abortion services means an abortion or any medical or non-medical service related to or provided in conjunction with an abortion, whether or not provided at the same time or on the same day as the abortion. (2) Commission The term Commission means the Federal Trade Commission. (3) Person The term person has the meaning given that term in section 551(2) of title 5, United States Code.