[Congressional Record Volume 152, Number 132 (Tuesday, December 5, 2006)]
[House]
[Pages H8692-H8693]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1200
           GENEVA DISTINCTIVE EMBLEMS PROTECTION ACT OF 2006

  Mr. SENSENBRENNER. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 6338) to amend title 18, United States Code, to 
prevent and repress the misuse of the Red Crescent distinctive emblem 
and the Third Protocol (Red Crystal) distinctive emblem.
  The Clerk read as follows:

                               H.R. 6338

       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 ``Geneva Distinctive Emblems 
     Protection Act of 2006''.

     SEC. 2. GENEVA DISTINCTIVE EMBLEMS.

       (a) In General.--Chapter 33 of title 18, United States 
     Code, is amended by inserting after section 706 the 
     following:

     ``Sec. 706a. Geneva distinctive emblems

       ``(a) Whoever wears or displays the sign of the Red 
     Crescent or the Third Protocol Emblem (the Red Crystal), or 
     any insignia colored in imitation thereof for the fraudulent 
     purpose of inducing the belief that he is a member of or an 
     agent for an authorized national society using the Red 
     Crescent or the Third Protocol Emblem, the International 
     Committee of the Red Cross, or the International Federation 
     of Red Cross and Red Crescent Societies shall be fined under 
     this title or imprisoned not more than 6 months, or both.
       ``(b) Except as set forth in section (c) and (d), whoever, 
     whether a corporation, association, or person, uses the 
     emblem of the Red Crescent or the Third Protocol Emblem on a 
     white ground or any sign or insignia made or colored in 
     imitation thereof or the designations `Red Crescent' or 
     `Third Protocol Emblem' shall be fined under this title or 
     imprisoned not more than 6 months, or both.
       ``(c) The following may use such emblems and designations 
     consistent with the Geneva Conventions of August 12, 1949, 
     and, if applicable, the Additional Protocols:
       ``(1) Authorized national societies that are members of the 
     International Federation of Red Cross and Red Crescent 
     Societies and their duly authorized employees and agents.
       ``(2) The International Committee of the Red Cross and its 
     duly authorized employees and agents.
       ``(3) The International Federation of Red Cross and Red 
     Crescent Societies and its duly authorized employees and 
     agents.
       ``(4) The sanitary and hospital authorities of the armed 
     forces of State Parties to the Geneva Conventions of August 
     12, 1949.
       ``(d) This section does not make unlawful the use of any 
     such emblem, sign, insignia, or words which was lawful on or 
     before December 8, 2005, if such use would not appear in time 
     of armed conflict to confer the protections of the Geneva 
     Conventions of August 12, 1949, and, if applicable, the 
     Additional Protocols.
       ``(e) A violation of this section or section 706 may be 
     enjoined at the civil suit of the Attorney General.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 33 of title 18, United States Code, is 
     amended by inserting after the item relating to section 706 
     the following new item:

``706a. Geneva distinctive emblems.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr. 
Conyers) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 6338 currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may 
consume.

[[Page H8693]]

  Madam Speaker, I rise in support of H.R. 6338, the Geneva Distinctive 
Emblems Protection Act of 2006. Introduced by the gentleman from 
Arizona (Mr. Flake), this legislation will assist in the implementation 
of important humanitarian programs. The Geneva Convention has long 
provided for the use of the Red Cross and Red Crescent emblems by 
governments and national societies to implement medical and 
humanitarian programs.
  In December of 2005, the Geneva Convention, through the Third 
Additional Protocol, adopted a third distinctive emblem, the Red 
Crystal, to join the Red Cross and Red Crescent emblems. The adoption 
of the Red Crystal emblem cleared the path, with the acceptance of 
Israel's version of the Red Cross, into the Red Cross and Red Crescent 
movement after being excluded for more than 30 years.
  The approval of the Red Crystal emblem provides the American Red 
Cross, United States military personnel and humanitarian organizations 
and workers with another option in the circumstances where the Red 
Cross or the Red Crescent may not be perceived as a neutral emblem. On 
the day of its adoption, 27 countries, including the United States, 
signed the Third Additional Protocol.
  Since its adoption, the protocol has been signed by more than 49 
other nations and becomes effective on January 14, 2007. Current United 
States law prohibits anyone, including corporations and associations, 
from wearing or displaying the American National Red Cross emblem or 
similar insignia for fraudulent purposes. This bill extends these same 
prohibitions and protections to the Red Crystal emblem and to the Red 
Crescent emblem by imposing a fine or a prison term for up to 6 months 
for fraudulently wearing or displaying the Red Crystal and Red Crescent 
emblems.
  This legislation will help deter the fraudulent use of vital symbols 
of medical and humanitarian aid. I urge my colleagues to join together 
to pass this bipartisan legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself as much time as I may 
consume.
  I am pleased to join with the chairman in supporting this bipartisan 
bill. The legislation makes a simple yet extremely important change to 
current law. It adds the Red Crystal emblem to the list of officially 
recognized symbols that may be used to denote humanitarian or religious 
relief efforts. As many know, currently only the Red Cross and Red 
Crescent emblems are used by humanitarian workers when caring for sick 
or injured civilians or Armed Forces members overseas.
  By adding the Red Crystal symbol to the list of officially recognized 
emblems, humanitarian workers will have at their disposal yet another 
symbol that is acceptable in those regions of the world where the cross 
and crescent are viewed with some level of skepticism.
  I would like to thank Mr. Flake and the countless number of 
Democratic members of our committee for taking the lead on this issue, 
and I strongly urge that my colleagues lend their support to this 
commonsense proposal.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman 
from Arizona (Mr. Flake), the author of the bill.
  Mr. FLAKE. I thank the chairman for yielding.
  Mr. Speaker, I appreciate the speed with which this was brought to 
the floor. This is something the State Department and the 
administration has asked for. It will allow ratification of a Third 
Geneva Protocol and protect, as has been said, the Red Crescent as well 
as the Red Crystal.
  This is important, as has been explained, so that those wearing the 
emblem can be protected in dangerous situations and battlefields, and 
we can encourage other countries to do the same and offer the same 
recognition. Again, I thank those who have on a bipartisan basis 
supported this legislation.
  I will not repeat what this does. It has been aptly explained by the 
chairman and the ranking minority member. I just wish to thank those 
who have brought this to the floor for doing so and urge its adoption.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Terry). The question is on the motion 
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the 
House suspend the rules and pass the bill, H.R. 6338.
  The question was taken; and (two-thirds of those voting having 
responded 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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