[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6338 Considered and Passed House (CPH)]







109th CONGRESS
  2d Session
                                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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2006

Mr. Flake (for himself, Mr. Lantos, Mr. Coble, Mr. Ackerman, Mr. Inglis 
 of South Carolina, Mr. Waxman, Ms. Ros-Lehtinen, Mr. Van Hollen, Mr. 
Burton of Indiana, Mrs. Maloney, Mr. King of New York, Mr. Wexler, Mr. 
   Tancredo, Mr. Weiner, Ms. Wasserman Schultz, Mr. Rohrabacher, Mr. 
     Berman, Mr. Kirk, Mr. Crowley, Mr. Shays, Mrs. McCarthy, Ms. 
 Schakowsky, Mr. Engel, Ms. Matsui, Ms. Watson, Mr. Higgins, Mr. Holt, 
    Mr. Israel, Mr. Udall of Colorado, Mr. Rothman, Mr. Nadler, Mr. 
  Doggett, Mr. Hastings of Florida, Mr. Gene Green of Texas, and Ms. 
   Harman) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                            December 5, 2006

    The Committee on the Judiciary discharged; considered and passed

_______________________________________________________________________

                                 A BILL



   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.''.
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