Text: H.R.6244 — 109th Congress (2005-2006)All Information (Except Text)

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Introduced in House (09/28/2006)


109th CONGRESS
2d Session
H. R. 6244


To amend the Hobby Protection Act to require that imitation Civil War items be clearly marked as copies.


IN THE HOUSE OF REPRESENTATIVES

September 28, 2006

Mr. Moran of Virginia introduced the following bill; which was referred to the Committee on Energy and Commerce


A BILL

To amend the Hobby Protection Act to require that imitation Civil War items be clearly marked as copies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Marking requirements for imitation Civil War items.

(a) Marking requirements.—Section 2 of the Hobby Protection Act (15 U.S.C. 2101) is amended—

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following:

“(c) Imitation Civil War items.—The manufacture in the United States, or the importation into the United States, for introduction into or distribution in commerce of any imitation Civil War item which is not plainly and permanently marked ‘copy’ or ‘facsimile’ is unlawful and is an unfair and deceptive act or practice in commerce under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).”;

(2) in subsection (d) (as so redesignated), by striking “subsection (a) or (b)” and inserting “subsection (a), (b) and(c)”; and

(3) in subsection (e) (as so redesignated)—

(A) by striking “(a) and (b), and regulations under subsection (c)” and inserting “(a), (b) and (c), and regulations under subsection (d)”; and

(B) by striking “or imitation numismatic item” and inserting “, imitation numismatic item, or imitation Civil War item”.

(b) Imitation Civil War item defined.—Section 7 of the Hobby Protection Act (15 U.S.C. 2106) is amended by adding at the end the following:

“(8) The term ‘imitation Civil War item’ means an item which purports to be, but in fact is not, an original Civil War item, or which is a reproduction, copy, facsimile, or counterfeit of an original Civil War item.

“(9) The term ‘original Civil War item’ means any firearm, knife, sword, or other weapon, or any uniform or portion thereof, or any accoutrement used during the period of the American Civil War, or any such item in existence during and related to the American Civil War.”.

(c) Conforming amendments.—The Hobby Protection Act is further amended—

(1) in section 3 (15 U.S.C. 2102), by striking “section 2(a) or (b) or a rule under section 2(c)” and inserting “subsections (a), (b) or (c) of section 2 or a rule under section 2(d)”; and

(2) in section 5 (15 U.S.C. 2104), by striking “section 2(a) or (b) or a rule under section 2(c)” and inserting “subsections (a), (b) or (c) of section 2 or a rule under section 2(d)”.

SEC. 2. Rules prescribed by the Federal Trade Commission.

In prescribing rules required under section 2(d) of the Hobby Protection Act (as redesignated by section 1(a) of this Act) relating to the amendments made by this Act, the Federal Trade Commission shall prescribe rules relating to imitation Civil War items (as defined in the amendment made by section 1(b)) that are substantially similar to the rules prescribed by the Commission relating to imitation numismatic items.