[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6338 Enrolled Bill (ENR)]
H.R.6338
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.