[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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