I 
113TH CONGRESS 
1ST SESSION H. R. 2033 
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 
MAY 16, 2013 
Mr. MCDERMOTT (for himself, Mr. MORAN, Mr. MCGOVERN, Mr. JOHNSON 
of Georgia, Mr. CONYERS, Mr. ELLISON, and Mr. JONES) 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 con-
cerned 
A BILL 
To provide for medical neutrality and to establish account-
ability for violations of the principle of medical neu-
trality, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medical Neutrality 
Protection Act of 2013’’. 
SEC. 2. FINDINGS; STATEMENT OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
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(1) International humanitarian law codifies the 
principle of medical neutrality in the Geneva Con-
ventions, to which the United States is a signatory, 
during times of national or international armed con-
flict, which offer special protections to medical facili-
ties and personnel. These provisions recognize ambu-
lances, hospitals, hospital ships, the personnel serv-
ing in ambulances and hospitals, citizens who assist 
the wounded as neutral and protected during con-
flict. 
(2) The Geneva Conventions specify that the 
wounded and sick shall receive adequate care, be 
protected from ill-treatment, and be protected from 
discrimination, and that emblems such as the red 
cross and red crescent are recognized as protective 
emblems in conflict. Many parts of the Geneva Con-
ventions have been declared by the International 
Committee on the Red Cross (ICRC) to be cus-
tomary international humanitarian law. 
(b) STATEMENT OF CONGRESS.—Congress affirms 
its support of participants of peaceful demonstrations 
around the world, as part of the United States support 
for freedom of assembly as enshrined in the United States 
Constitution. The United States takes particular umbrage 
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at countries that harm or endanger medical professionals 
during times of unrest. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Committee on Appropriations of the House 
of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Appropriations of the 
Senate. 
(2) MEDICAL NEUTRALITY.—Until such time as 
there is a binding, internationally recognized defini-
tion of the term ‘‘medical neutrality’’, such term re-
fers to— 
(A) the protected status of health care fa-
cilities, personnel, transport, and supplies in 
times of national and international armed con-
flict and civil unrest; 
(B) the protection of unhindered access of 
the sick and injured to nondiscriminatory med-
ical care and treatment; and 
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(C) the understanding that all medical pro-
fessionals are required to treat in a nondiscrim-
inatory manner any individual in need of care, 
and the responsibility of governments not to 
interfere with such professional duty. 
(3) VIOLATION OF MEDICAL NEUTRALITY.—The 
term ‘‘violation of medical neutrality’’ includes gov-
ernment-sanctioned actions, and actions which are 
not authorized by a government policy but are not 
independently investigated, including— 
(A) militarized attacks on health care fa-
cilities, health care service providers, or individ-
uals in the course of receiving medical treat-
ment; 
(B) wanton destruction of medical sup-
plies, facilities, records, or transportation serv-
ices; 
(C) willful obstruction of medical ethics as 
specified in the World Medical Association’s 
International Code of Medical Ethics, including 
preventing medical professionals from admin-
istering ethical medical care to individuals in 
need; 
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(D) coercion of medical personnel to com-
mit acts in violation of their ethical responsibil-
ities; 
(E) deliberate misuse of health care facili-
ties, transportation services, uniforms, or other 
insignia; 
(F) deliberate blocking of access to health 
care facilities and health care professionals; or 
(G) arbitrary arrest or detention of health 
care service providers or individuals seeking 
medical care. 
SEC. 4. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to prevent or 
interfere with legitimate law enforcement objectives con-
ducted in accordance with recognized international human 
rights norms and legal standards. 
SEC. 5. STATEMENTS OF POLICY. 
It shall be the policy of the United States to— 
(1) consider the protection of medical neutrality 
a policy priority of the United States as an integral 
part of the defense of recognized international 
human rights law and international humanitarian 
law; 
(2) use its voice, vote, and influence in inter-
national fora to further define and codify the prin-
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ciple of medical neutrality and to establish account-
ability for violations of the principle of medical neu-
trality; and 
(3) use its voice, vote, and influence at the 
United Nations Human Rights Council to create and 
appoint a Special Rapporteur on the Protection and 
Promotion of Medical Neutrality. 
SEC. 6. DETERMINATION AND NOTIFICATION OF FOREIGN 
COUNTRY REQUIRED. 
(a) DETERMINATION.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
State shall compile and update at least annually a list of 
those foreign governments that the Secretary determines, 
after consultation with local and international nongovern-
mental organizations and the Assistant Secretary for De-
mocracy, Human Rights and Labor, have engaged in vio-
lations of medical neutrality. The Secretary shall publish 
such list on the website of the Department of State. 
(b) NOTIFICATION.—The Secretary of State shall 
provide a formal notification to a foreign government that 
is included on a list described in subsection (a). 
SEC. 7. PROHIBITIONS. 
(a) PROHIBITION ON CERTAIN ASSISTANCE.—Sub-
ject to subsection (c) of this section and section 9, and 
except as provided in section 8, the authorities specified 
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in section 516 or 541 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2321j or 2347) or section 23 of the Arms 
Export Control Act (22 U.S.C. 2763) may not be used 
to provide assistance, and no licenses for direct commer-
cial sales of military equipment may be issued, to the gov-
ernment of a country that the Secretary of State has, in 
accordance with section 6 of this Act, determined to have 
engaged in a violation of medical neutrality. 
(b) PROHIBITION ON CERTAIN VISAS.—Except as 
provided in section 8, upon receiving credible information, 
including information contained in the Annual Country 
Reports on Human Rights Practices, that an alien is or 
was engaged in or has organized any act that is a violation 
of medical neutrality, the Secretary of State shall deny 
the issuance of a visa to, and the Secretary of Homeland 
Security shall deny the entry into the United States of, 
such alien. 
(c) MINIMUM DURATION.—The prohibitions on as-
sistance described in subsection (a) shall remain in effect 
for a minimum of one fiscal year, after which the Presi-
dent may reinstate such assistance pursuant to section 9. 
SEC. 8. WAIVER. 
(a) IN GENERAL.—The President may temporarily 
waive the prohibitions on assistance described in section 
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