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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.

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

3 SECTION 1. MARKING REQUIREMENTS FOR IMITATION

4 CIVIL WAR ITEMS.

5 (a) MARKING REQUIREMENTS.—Section 2 of the
6 Hobby Protection Act (15 U.S.C. 2101) is amended—
7 (1) by redesignating subsections (c) and (d) as
8 subsections (d) and (e), respectively, and by insert
ing after subsection (b) the following:

HR 6244 IH

1  ‘‘(c) IMITATION CIVIL WAR ITEMS.—The manufacture
2  in the United States, or the importation into the
3  United States, for introduction into or distribution in com
4  merce of any imitation Civil War item which is not plainly
5 and permanently marked ‘copy’ or ‘facsimile’ is unlawful
6 and is an unfair and deceptive act or practice in commerce
7 under the Federal Trade Commission Act (15 U.S.C. 41
8 et seq.).’’;
9 (2) in subsection (d) (as so redesignated), by
10  striking ‘‘subsection (a) or (b)’’ and inserting ‘‘sub
11 section (a), (b) and(c)’’; and
12 (3) in subsection (e) (as so redesignated)—
13 (A) by striking ‘‘(a) and (b), and regula
14  tions under subsection (c)’’ and inserting ‘‘(a),
15 (b) and (c), and regulations under subsection
16 (d)’’; and
17 (B) by striking ‘‘or imitation numismatic
18 item’’ and inserting ‘‘, imitation numismatic
19 item, or imitation Civil War item’’.
20 (b) IMITATION CIVIL WAR ITEM DEFINED.—Section
21 7 of the Hobby Protection Act (15 U.S.C. 2106) is amend
22 ed by adding at the end the following:
23 ‘‘(8) The term ‘imitation Civil War item’ means
24 an item which purports to be, but in fact is not, an
25 original Civil War item, or which is a reproduction,

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1 copy, facsimile, or counterfeit of an original Civil
2 War item.
3 ‘‘(9) The term ‘original Civil War item’ means
4 any firearm, knife, sword, or other weapon, or any
5 uniform or portion thereof, or any accoutrement
6 used during the period of the American Civil War,
7 or any such item in existence during and related to
8 the American Civil War.’’.
9 (c) CONFORMING AMENDMENTS.—The Hobby Pro
10 tection Act is further amended—
11 (1) in section 3 (15 U.S.C. 2102), by striking
12 ‘‘section 2(a) or (b) or a rule under section 2(c)’’
13 and inserting ‘‘subsections (a), (b) or (c) of section
14 2 or a rule under section 2(d)’’; and
15 (2) in section 5 (15 U.S.C. 2104), by striking
16 ‘‘section 2(a) or (b) or a rule under section 2(c)’’
17 and inserting ‘‘subsections (a), (b) or (c) of section
18 2 or a rule under section 2(d)’’.
19 SEC. 2. RULES PRESCRIBED BY THE FEDERAL TRADE COM
20MISSION.
21 In prescribing rules required under section 2(d) of
22 the Hobby Protection Act (as redesignated by section 1(a)
23 of this Act) relating to the amendments made by this Act,
24 the Federal Trade Commission shall prescribe rules relat
25ing to imitation Civil War items (as defined in the amend-

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1 ment made by section 1(b) that are substantially similar
2 to the rules prescribed by the Commission relating to imi
3tation numismatic items.
 
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