I 
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 Fed-
eral 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 Representa-
tives 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 DECEP-
TIVE ACTS OR PRACTICES EXPLOITING REAC-
TION 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 para-
graph, 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 de-
clares 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 for-
eign 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 Fed-
eral 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 com-
mitted a violation involving an unfair or deceptive act or 
practice in a national emergency period or a disaster pe-
riod, 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 pe-
riod, or to the international disaster, the court, after 
awarding equitable relief (if any) under any other author-
ity of the court, shall hold the person, partnership, or cor-
poration 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 de-
clares 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 de-
clares 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 for-
eign country, international organization, or private 
voluntary organization pursuant to section 491 of 
the Foreign Assistance Act (22 U.S.C. 2292(b)).’’. 
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