Medical Neutrality Protection Act of 2011 - Requires the Secretary of State to compile and update at least annually a list of those foreign governments that the Secretary determines have engaged in violations of medical neutrality and to provide a formal notification to a foreign government included in such list. Defines a “violation of medical neutrality” to mean: (1) militarized attacks on health care facilities, health care service providers, or individuals in the course of receiving medical treatment; (2) wanton destruction of medical supplies, facilities, records, or transportation services; (3) willful obstruction of medical ethics; (4) coercion of medical personnel to commit acts in violation of their ethical responsibilities; (5) deliberate misuse of health care facilities, transportation services, uniforms, or other insignia; (6) deliberate blocking of access to health care facilities and health care professionals; or (7) arbitrary arrest or detention of health care service providers or individuals seeking medical care.
Prohibits specified presidential authorities, including the authority to transfer excess defense articles, furnish military training and education, or finance the procurement of defense articles, from being used to provide assistance to, and prohibits licenses for direct commercial sales of military equipment from being issued to, the government of a country that has engaged in a violation of medical neutrality. Makes such prohibition on assistance effective for a minimum of one fiscal year, after which the President may reinstate such assistance. Authorizes the President to temporarily waive the prohibitions in the interest of national security.
Requires the Secretary to deny the issuance of a visa to any alien that is or was engaged in or has organized any act that is a violation of medical neutrality.
Directs the heads of U.S. diplomatic and consular missions to investigate all reports of violations of medical neutrality.
[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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1409)
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.
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.
Referred to the Subcommittee on Immigration Policy and Enforcement.
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