I 

112TH CONGRESS 

1ST SESSION H. R. 2643 

To provide for medical neutrality and to establish accountability for violations 

of the principle of medical neutrality, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 26, 2011 

Mr. MCDERMOTT (for himself, Mr. JONES, Mr. CONYERS, and Mr. ELLISON) 

introduced the following bill; which was referred to the Committee on 

Foreign Affairs, and in addition to the Committee on the Judiciary, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for medical neutrality and to establish accountability for violations of the principle of medical neutrality, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medical Neutrality 

5 Protection Act of 2011’’. 

6 SEC. 2. FINDINGS; STATEMENT OF CONGRESS. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) International humanitarian law codifies the 

2 principle of medical neutrality in the Geneva Con3 ventions, to which the United States is a signatory, 

4 during times of national or international armed con5 flict, which offer special protections to medical facili6 ties and personnel. These provisions recognize ambu7 lances, hospitals, hospital ships, the personnel serv8 ing in ambulances and hospitals, citizens who assist 

9 the wounded as neutral and protected during con10 flict. 

11 (2) The Geneva Conventions specify that the 

12 wounded and sick shall receive adequate care, be 

13 protected from ill-treatment, and be protected from 

14 discrimination, and that emblems such as the red 

15 cross and red crescent are recognized as protective 

16 emblems in conflict. Many parts of the Geneva Con17 ventions have been declared by the International 

18 Committee on the Red Cross (ICRC) to be cus19 tomary international humanitarian law. 

20 (3) International human rights law further ex21 pands norms of medical neutrality during the ab22 sence of an armed conflict. Article 25 (1) of the Uni23 versal Declaration of Human Rights and Article 12 

24 of the International Covenant on Economic, Social 


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1 and Cultural Rights, to which the United States is 

2 a signatory, establish the right to health. 

3 (b) STATEMENT OF CONGRESS.—Congress affirms 

4 its support of participants of peaceful demonstrations 

5 around the world, as part of the United States’ support 

6 for freedom of assembly as enshrined in the United States 

7 Constitution. The United States takes particular umbrage 

8 at countries that harm or endanger medical professionals 

9 during times of unrest. 

10 SEC. 3. RULE OF CONSTRUCTION. 

11 Nothing in this Act shall be construed to prevent or 

12 interfere with legitimate law enforcement objectives con13 ducted in accordance with recognized international human 

14 rights norms and legal standards. 

15 SEC. 4. STATEMENTS OF POLICY. 

16 It shall be the policy of the United States to— 

17 (1) consider the protection of medical neutrality 

18 a policy priority of the United States as an integral 

19 part of the defense of recognized international 

20 human rights norms and law; 

21 (2) use its voice, vote, and influence in inter22 national fora to further define and codify the prin23 ciple of medical neutrality and to establish account24 ability for violations of the principle of medical neu25 trality; and 


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1 (3) use its voice, vote, and influence at the 

2 United Nations Human Rights Council to create and 

3 appoint a Special Rapporteur on the Protection and 

4 Promotion of Medical Neutrality. 

5 SEC. 5. DETERMINATION AND NOTIFICATION OF FOREIGN 

6 COUNTRY REQUIRED. 

7 (a) DETERMINATION.—Not later than 180 days after 

8 the date of the enactment of this Act, the Secretary of 

9 State shall compile and update at least annually a list of 

10 those foreign governments that the Secretary determines, 

11 after consultation with local and international nongovern12 mental organizations and the Assistant Secretary for De13 mocracy, Human Rights and Labor, have engaged in vio14 lations of medical neutrality. The Secretary shall publish 

15 such list on the website of the Department of State. 

16 (b) NOTIFICATION.—The Secretary of State shall 

17 provide a formal notification to a foreign government that 

18 is included on a list described in subsection (a). 

19 SEC. 6. PROHIBITIONS. 

20 (a) PROHIBITION ON CERTAIN ASSISTANCE.—Sub21 ject to subsection (c) of this section and section 8, and 

22 except as provided in section 7, the authorities specified 

23 in section 516 or 541 of the Foreign Assistance Act of 

24 1961 (22 U.S.C. 2321j or 2347) or section 23 of the Arms 

25 Export Control Act (22 U.S.C. 2763) may not be used 


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1 to provide assistance, and no licenses for direct commer2 cial sales of military equipment may be issued, to the gov3 ernment of a country that the Secretary of State has, in 

4 accordance with section 5 of this Act, determined to have 

5 engaged in a violation of medical neutrality. 

6 (b) PROHIBITION ON CERTAIN VISAS.—Except as 

7 provided in section 7, upon receiving credible information, 

8 including information contained in the Annual Country 

9 Reports on Human Rights Practices, that an alien is or 

10 was engaged in or has organized any act that is a violation 

11 of medical neutrality, the Secretary of State shall deny 

12 the issuance of a visa to, and the Secretary of Homeland 

13 Security shall deny the entry into the United States of, 

14 such alien. 

15 (c) MINIMUM DURATION.—The prohibitions on as16 sistance described in subsection (a) shall remain in effect 

17 for a minimum of one fiscal year, after which the Presi18 dent may reinstate such assistance pursuant to section 8. 

19 SEC. 7. WAIVER. 

20 (a) IN GENERAL.—The President may temporarily 

21 waive the prohibitions on assistance described in section 

22 6 if the President transmits to the appropriate congres23 sional committees a determination that— 


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1 (1) such waiver is in the national security inter2 est of the United States, including the reasons 

3 therefor; and 

4 (2) establishes a date, not later than two years 

5 after the issuance of such waiver, on which such 

6 waiver shall expire. 

7 (b) CONGRESSIONAL OVERRIDE.—If Congress enacts 

8 a joint resolution disapproving such waiver, such waiver 

9 shall have no force or effect. 

10 SEC. 8. REINSTATEMENT OF ASSISTANCE. 

11 The President may reinstate assistance to a country 

12 otherwise prohibited under section 6(a) upon written cer13 tification to the appropriate congressional committees that 

14 the government of such country has implemented— 

15 (1) measures that include the successful imple16 mentation of an action plan and actual steps to 

17 come into compliance with medical neutrality; and 

18 (2) policies and mechanisms to prohibit and 

19 prevent future government or government-sponsored 

20 acts that are a violation of medical neutrality and 

21 has the input and agreement of local and inter22 national nongovernmental organizations. 


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1 SEC. 9. INVESTIGATIONS OF VIOLATIONS OF MEDICAL NEU2 TRALITY. 

3 (a) INVESTIGATIONS OF ALLEGATIONS OF VIOLA4 TIONS OF MEDICAL NEUTRALITY.—The heads of United 

5 States diplomatic and consular missions shall investigate 

6 all reports of violations of medical neutrality in the coun7 tries or regions in which such missions are located for in8 clusion in the annual Country Reports on Human Rights 

9 Practices under sections 116(d) and 502B(b) of the For10 eign Assistance Act of 1961 (22 U.S.C. 2151n and 2304). 

11 (b) INCLUSION IN ANNUAL COUNTRY REPORTS ON

12 HUMAN RIGHTS PRACTICES.—The Foreign Assistance 

13 Act of 1961 is amended— 

14 (1) in section 116 (22 U.S.C. 2151n), by add15 ing at the end the following new subsection: 

16 ‘‘(g) The report required under subsection (d) shall 

17 include a description of any violations of medical neu18 trality (as such term is defined in the Medical Neutrality 

19 Protection Act of 2011) and an identification of the indi20 viduals who have engaged in or organized such violations 

21 in each foreign country covered by such report.’’; and 

22 (2) in section 502B (22 U.S.C. 2304), by add23 ing at the end the following new subsection: 

24 ‘‘(i) The report required by subsection (b) shall in25 clude a description of any violations of medical neutrality 

26 (as such term is defined in the Medical Neutrality ProtecVerDate Mar 15 2010 04:27 Jul 27, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2643.IH H2643

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1 tion Act of 2011) and an identification of the individuals 

2 who have engaged in or organized such violations in each 

3 foreign country covered by such report.’’. 

4 SEC. 10. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Foreign Affairs and 

10 the Committee on Appropriations of the House 

11 of Representatives; and 

12 (B) the Committee on Foreign Relations 

13 and the Committee on Appropriations of the 

14 Senate. 

15 (2) VIOLATION OF MEDICAL NEUTRALITY.—The 

16 term ‘‘violation of medical neutrality’’ means— 

17 (A) militarized attacks on health care fa18 cilities, health care service providers, or individ19 uals in the course of receiving medical treat20 ment; 

21 (B) wanton destruction of medical sup22 plies, facilities, records, or transportation serv23 ices; 

24 (C) willful obstruction of medical ethics as 

25 specified in the World Medical Association’s 


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1 International Code of Medical Ethics, including 

2 preventing medical professionals from admin3 istering ethical medical care to individuals in 

4 need; 

5 (D) coercion of medical personnel to com6 mit acts in violation of their ethical responsibil7 ities; 

8 (E) deliberate misuse of health care facili9 ties, transportation services, uniforms, or other 

10 insignia; 

11 (F) deliberate blocking of access to health 

12 care facilities and health care professionals; or 

13 (G) arbitrary arrest or detention of health 

14 care service providers or individuals seeking 

15 medical care. 

Æ 


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