[Congressional Record (Bound Edition), Volume 152 (2006), Part 17] [House] [Pages 22280-22281] [From the U.S. 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. 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. [[Page 22281]] 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. ____________________