12-5-06, House Passed Bill by Voice Vote
Referred to Senate
109th CONGRESS
2d Session
H. R. 6338
AN ACT
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.
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.'.
Passed the House of Representatives December 5, 2006.
Attest:
Clerk.
109th CONGRESS
2d Session
H. R. 6338
AN ACT
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.
END
