(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
American Spirit Fraud Prevention Act - Amends the Federal Trade Commission Act to double the existing statutory civil penalty for a violation involving an unfair or deceptive act or practice in either a national emergency period or disaster period, or relating to an international disaster, if the act or practice exploits popular reaction to the national emergency or major disaster.
Directs the court, in such a case, to hold the relevant person, partnership, or corporation liable for a civil penalty of not more than $22,000 for each such violation.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3675 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3675
To amend the Federal Trade Commission Act to increase civil penalties
for violations involving unfair or deceptive acts or practices that
exploit popular reaction to an emergency or major disaster, and to
authorize the Federal Trade Commission to seek civil penalties for such
violations in actions brought under section 13 of that Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 7, 2005
Mr. Bass introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Trade Commission Act to increase civil penalties
for violations involving unfair or deceptive acts or practices that
exploit popular reaction to an emergency or major disaster, and to
authorize the Federal Trade Commission to seek civil penalties for such
violations in actions brought under section 13 of that Act.
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 ``American Spirit Fraud Prevention
Act''.
SEC. 2. INCREASE IN PENALTIES FOR UNFAIR OR DECEPTIVE ACTS OR PRACTICES
EXPLOITING REACTION TO CERTAIN EMERGENCIES AND MAJOR
DISASTERS.
(a) Violations of Prohibition Against Unfair or Deceptive Acts or
Practices.--Section 5(m)(1) of the Federal Trade Commission Act (15
U.S.C. 45(m)(1)) is amended by adding at the end the following:
``(D) In the case of a violation involving an unfair or deceptive
act or practice in a national emergency period or disaster period, or
relating to an international disaster, the amount of the civil penalty
under this paragraph shall be double the amount otherwise provided in
this paragraph, if the act or practice exploits popular reaction to the
national emergency or major disaster that is the basis for such period,
or to the international disaster.
``(E) In this paragraph--
``(i) the term `national emergency period' means the period
that--
``(I) begins on the date the President declares a
national emergency under the National Emergencies Act
(50 U.S.C. 1601 et seq.); and
``(II) ends on the expiration of the 1-year period
beginning on the date of the termination of the
national emergency;
``(ii) the term `disaster period' means the 1-year period
beginning on the date the President declares an emergency or
major disaster under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.); and
``(iii) the term `international disaster' means any natural
or man-made disaster in response to which the President
furnishes assistance to any foreign country, international
organization, or private voluntary organization pursuant to
section 491 of the Foreign Assistance Act (22 U.S.C.
2292(b)).''.
(b) Violations of Other Laws Enforced by the Federal Trade
Commission.--Section 13 of the Federal Trade Commission Act (15 U.S.C.
53) is amended by adding at the end the following:
``(e)(1) If a person, partnership, or corporation is found, in an
action under subsection (b), to have committed a violation involving an
unfair or deceptive act or practice in a national emergency period or a
disaster period, or relating to an international disaster, and if the
act or practice exploits popular reaction to the national emergency or
major disaster that is the basis for such period, or to the
international disaster, the court, after awarding equitable relief (if
any) under any other authority of the court, shall hold the person,
partnership, or corporation liable for a civil penalty of not more than
$22,000 for each such violation.
``(2) In this subsection--
``(A) the term `national emergency period' means the period
that--
``(i) begins on the date the President declares a
national emergency under the National Emergencies Act
(50 U.S.C. 1601 et seq.); and
``(ii) ends on the expiration of the 1-year period
beginning on the date of the termination of the
national emergency;
``(B) the term `disaster period' means the 1-year period
beginning on the date the President declares an emergency or
major disaster under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.); and
``(C) the term `international disaster' means any natural
or man-made disaster in response to which the President
furnishes assistance to any foreign country, international
organization, or private voluntary organization pursuant to
section 491 of the Foreign Assistance Act (22 U.S.C.
2292(b)).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
Mr. Stearns moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H9056-9058)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3675.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H9068-9069)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 399 - 3 (Roll no. 536).(text: CR H9056)
Roll Call #536 (House)On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 399 - 3 (Roll no. 536). (text: CR H9056)
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Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported without amendment favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator Stevens without amendment. Without written report.
Committee on Commerce, Science, and Transportation. Reported by Senator Stevens without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 669.