[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2643 Introduced in House (IH)]

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.

    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 ``Medical Neutrality Protection Act of 
2011''.

SEC. 2. FINDINGS; STATEMENT OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) International humanitarian law codifies the principle 
        of medical neutrality in the Geneva Conventions, to which the 
        United States is a signatory, during times of national or 
        international armed conflict, which offer special protections 
        to medical facilities and personnel. These provisions recognize 
        ambulances, hospitals, hospital ships, the personnel serving in 
        ambulances and hospitals, citizens who assist the wounded as 
        neutral and protected during conflict.
            (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 
        Conventions have been declared by the International Committee 
        on the Red Cross (ICRC) to be customary international 
        humanitarian law.
            (3) International human rights law further expands norms of 
        medical neutrality during the absence of an armed conflict. 
        Article 25 (1) of the Universal Declaration of Human Rights and 
        Article 12 of the International Covenant on Economic, Social 
        and Cultural Rights, to which the United States is a signatory, 
        establish the right to health.
    (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 
at countries that harm or endanger medical professionals during times 
of unrest.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to prevent or interfere with 
legitimate law enforcement objectives conducted in accordance with 
recognized international human rights norms and legal standards.

SEC. 4. 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 norms and law;
            (2) use its voice, vote, and influence in international 
        fora to further define and codify the principle of medical 
        neutrality and to establish accountability for violations of 
        the principle of medical neutrality; 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. 5. 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 
nongovernmental organizations and the Assistant Secretary for 
Democracy, Human Rights and Labor, have engaged in violations 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. 6. PROHIBITIONS.

    (a) Prohibition on Certain Assistance.--Subject to subsection (c) 
of this section and section 8, and except as provided in section 7, the 
authorities specified 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 commercial sales of military equipment may be 
issued, to the government of a country that the Secretary of State has, 
in accordance with section 5 of this Act, determined to have engaged in 
a violation of medical neutrality.
    (b) Prohibition on Certain Visas.--Except as provided in section 7, 
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 assistance described in 
subsection (a) shall remain in effect for a minimum of one fiscal year, 
after which the President may reinstate such assistance pursuant to 
section 8.

SEC. 7. WAIVER.

    (a) In General.--The President may temporarily waive the 
prohibitions on assistance described in section 6 if the President 
transmits to the appropriate congressional committees a determination 
that--
            (1) such waiver is in the national security interest of the 
        United States, including the reasons therefor; and
            (2) establishes a date, not later than two years after the 
        issuance of such waiver, on which such waiver shall expire.
    (b) Congressional Override.--If Congress enacts a joint resolution 
disapproving such waiver, such waiver shall have no force or effect.

SEC. 8. REINSTATEMENT OF ASSISTANCE.

    The President may reinstate assistance to a country otherwise 
prohibited under section 6(a) upon written certification to the 
appropriate congressional committees that the government of such 
country has implemented--
            (1) measures that include the successful implementation of 
        an action plan and actual steps to come into compliance with 
        medical neutrality; and
            (2) policies and mechanisms to prohibit and prevent future 
        government or government-sponsored acts that are a violation of 
        medical neutrality and has the input and agreement of local and 
        international nongovernmental organizations.

SEC. 9. INVESTIGATIONS OF VIOLATIONS OF MEDICAL NEUTRALITY.

    (a) Investigations of Allegations of Violations of Medical 
Neutrality.--The heads of United States diplomatic and consular 
missions shall investigate all reports of violations of medical 
neutrality in the countries or regions in which such missions are 
located for inclusion in the annual Country Reports on Human Rights 
Practices under sections 116(d) and 502B(b) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151n and 2304).
    (b) Inclusion in Annual Country Reports on Human Rights 
Practices.--The Foreign Assistance Act of 1961 is amended--
            (1) in section 116 (22 U.S.C. 2151n), by adding at the end 
        the following new subsection:
    ``(g) The report required under subsection (d) shall include a 
description of any violations of medical neutrality (as such term is 
defined in the Medical Neutrality Protection Act of 2011) and an 
identification of the individuals who have engaged in or organized such 
violations in each foreign country covered by such report.''; and
            (2) in section 502B (22 U.S.C. 2304), by adding at the end 
        the following new subsection:
    ``(i) The report required by subsection (b) shall include a 
description of any violations of medical neutrality (as such term is 
defined in the Medical Neutrality Protection Act of 2011) and an 
identification of the individuals who have engaged in or organized such 
violations in each foreign country covered by such report.''.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' 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) Violation of medical neutrality.--The term ``violation 
        of medical neutrality'' means--
                    (A) militarized attacks on health care facilities, 
                health care service providers, or individuals in the 
                course of receiving medical treatment;
                    (B) wanton destruction of medical supplies, 
                facilities, records, or transportation services;
                    (C) willful obstruction of medical ethics as 
                specified in the World Medical Association's 
                International Code of Medical Ethics, including 
                preventing medical professionals from administering 
                ethical medical care to individuals in need;
                    (D) coercion of medical personnel to commit acts in 
                violation of their ethical responsibilities;
                    (E) deliberate misuse of health care facilities, 
                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.
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