[Congressional Record Volume 159, Number 111 (Tuesday, July 30, 2013)]
[House]
[Pages H5147-H5148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COLLECTIBLE COIN PROTECTION ACT
Mr. BURGESS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2754) to amend the Hobby Protection Act to make unlawful the
provision of assistance or support in violation of that Act, and for
other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2754
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 ``Collectible Coin Protection
Act''.
SEC. 2. PROVISION OF ASSISTANCE OR SUPPORT.
The Hobby Protection Act (15 U.S.C. 2101 et seq.) is
amended--
(1) in section 2--
(A) in subsection (b), by inserting ``, or the sale in
commerce'' after ``distribution in commerce'';
(B) by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following:
``(d) Provision of Assistance or Support.--It shall be a
violation of subsection (a) or (b) for a person to provide
substantial assistance or support to any manufacturer,
importer, or seller if that person knows or should have known
that the manufacturer, importer, or seller is engaged in any
act or practice that violates subsection (a) or (b).''; and
(C) in subsection (e) (as so redesignated), by striking
``and (b)'' and inserting ``(b), and (d)'';
(2) in section 3--
(A) by striking ``If any person'' and inserting ``(a) In
General.--If any person'';
(B) by striking ``or has an agent'' and inserting ``, has
an agent, transacts business, or wherever venue is proper
under section 1391 of title 28, United States Code''; and
(C) by adding at the end the following:
``(b) Trademark Violations.--If the violation of section 2
(a) or (b) or a rule under section 2(c) also involves
unauthorized use of registered trademarks belonging to a
collectibles certification service, the owner of such
trademarks shall have, in addition to the remedies provided
in subsection (a), all rights provided under sections 34, 35,
and 36 of the Trademark Act of 1946 (15 U.S.C. 1116, 1117,
and 1118) for violations of such Act.''; and
(3) in section 7, by adding at the end the following:
``(8) The term `collectibles certification service' means a
person recognized by collectors for providing independent
certification that collectible items are genuine.
``(9) The term `Trademark Act of 1946' means the Act
entitled `An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for
other purposes', approved July 5, 1946 (15 U.S.C. 1051 et
seq.).''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Burgess) and the gentleman from North Carolina (Mr.
Butterfield) each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. BURGESS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
insert extraneous materials on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 2754, the Collectible Coin Protection Act, is a
simple bill with a simple purpose: to equip honest merchants and
collectors as well as the Federal Government with the tools needed to
fight a new wave of counterfeit coins and currency.
In recent years, the United States Government has taken extraordinary
steps to make it difficult to counterfeit
[[Page H5148]]
U.S. currency. Think how the $20 bill and other denominations have been
redesigned over the last decade. As new bills become more difficult to
counterfeit, some criminals have turned to counterfeiting rare
specimens of older currency, which have none of the security features
that we now recognize. Others have invested in counterfeiting rare
coins. Some people have gone to great lengths to create realistic
fakes--using modern design software and 3-D laser printers to make
extremely close replicas, and even purchasing the old equipment used by
the mint to strike the original coins.
As you might have guessed, most of the counterfeits are coming from
China--where else?
The criminals have also cleverly taken advantage of the certification
system used by collectors to assure authenticity, and they've turned it
on its head.
Grading services, also called collectibles certification services,
evaluate the authenticity and condition of a rare coin and then put it
into a special holder called a slab, encapsulating it together with a
description of the coin and its condition. The slab is designed to
protect the coin, but it also protects the integrity of the grading. If
the slab is tampered with, the grading is voided.
Some counterfeiters have now realized they can counterfeit the slab
and the certificate as well. This has the advantage of making it harder
to examine the coin since dealers are reluctant to break open the slab
to examine the coin more closely unless they are absolutely certain
that it is a fake.
{time} 2015
H.R. 2754, the Collectible Coin Protection Act, amends the Hobby
Protection Act to deal with these new problems. Under existing law, it
is unlawful to make in the United States or to import into the United
States an imitation coin or other numismatic item unless it is plainly
and permanently marked with the word ``copy.''
The Federal Trade Commission has the authority to enforce the Act,
and there is also a provision allowing private individuals to enjoin
violations or to recover damages for violations that affect them.
H.R. 2754 extends the current law in three ways. It makes it unlawful
to sell, as well as manufacture or import, the counterfeit coin that is
not marked with the word ``copy.''
Second, the bill makes it unlawful to provide substantial support or
assistance to a manufacturer, importer or seller if the person
providing assistance knows or should have known that the manufacturer,
importer or seller is engaged in any act or practice that violates the
Hobby Protection Act.
Third, the bill provides additional remedies for violations that
involve unauthorized use of registered trademarks belonging to a
grading service. The additional remedies are the same that are usually
provided for under the Trademark Act.
Mr. Speaker, this bill has no cost to the taxpayer. It should deter
some of the counterfeiting practices that are now rampant in the
marketplace and provide additional tools to deal with unrepentant
dealers who go ahead with their schemes to defraud consumers.
I reserve the balance of my time.
Mr. BUTTERFIELD. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. BUTTERFIELD asked and was given permission to revise and extend
his remarks.)
Mr. Speaker, I rise tonight in support of H.R. 2754, the Collectible
Coin Protection Act. I introduced this bill with the bipartisan support
of Energy and Commerce full committee Ranking Member Mr. Henry Waxman
and Commerce, Manufacturing and Trade Subcommittee Chairman Mr. Lee
Terry, as well as three other colleagues, because the manufacture and
sale of counterfeit coins is rapidly increasing across the country.
Manufacturing and selling imitation coins is a little-known black
market industry here in the United States. With the invention of 3-D
printers, anyone with a computer can now create a fake coin with
relative ease that, for all intents and purposes, appears genuine in
size and in color and in weight.
Unloading these imitation coins off on unsuspecting collectors has
become big business and cuts to the very core of our ability to control
and regulate the currency. By the time the collector realizes that he
has been scammed, it is absolutely too late.
Current law, Mr. Speaker, makes it illegal to manufacture or import
imitation coins meant for sale unless that coin is plainly and
permanently marked with the word ``copy.'' Mr. Burgess made reference
to that a moment ago.
My bill would extend current law and make it illegal to sell an
imitation coin that is not conspicuously marked with the word ``copy.''
My bill would also make it unlawful for an individual to provide
substantial support or assistance to anyone who manufactures or imports
or sells counterfeit imitation coins in violation of the law.
And this bill would also extend trademark infringement protections
available under the Trademark Act of 1946 for unauthorized use of a
registered trademark in connection with an unlawful sale or other
violation involving an imitation coin.
Mr. Speaker, my constituents in North Carolina and Americans across
the country deserve to have the peace of mind to know that they will
receive what they believe they are purchasing.
Individuals who sell fake products have a real and significant impact
on our economy. The manufacture and sale of counterfeit imitation
currency cannot be permitted to continue.
I'm confident my bill will provide greater protection for our
Nation's currency and for those who collect it.
And so I thank Mr. Burgess, and I thank all of my colleagues. I ask
my colleagues to support this piece of legislation and vote ``aye.''
Again, I ask my colleagues to look at this and work with us, and
let's get it passed and let's stop this black market that's emerging in
our country.
I yield back the balance of my time.
Mr. BURGESS. Mr. Speaker, I urge my colleagues to vote ``aye'' on
H.R. 2754.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Burgess) that the House suspend the rules and
pass the bill, H.R. 2754.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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