Compensation for the Victims of State Misrepresentations to the World Health Organization Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1775 To provide justice for victims of State misrepresentation to the World Health Organization, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 10, 2021 Mr. SMITH of New Jersey (for himself and Mr. VAN DREW) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide justice for victims of State misrepresentation to the World Health Organization, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Compensation for the 4 Victims of State Misrepresentations to the World Health 5 Organization Act of 2021’’. 6 SEC. 2. FINDINGS. 7 (a) FINDINGS.—Congress finds the following: 8 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1775.IH H1775 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1775 IH (1) There is a role for an international organi- 1 zation to help mitigate infectious diseases that re- 2 spect no boundaries. 3 (2) The United States depends on an effective 4 WHO to make good and well informed public health 5 decisions to contain infectious diseases. 6 (3) The WHO has played a critical role in ad- 7 dressing and mitigating infectious diseases, such as 8 the 1979 eradication of smallpox, which eradication 9 the WHO coordinated through a sustained global ef- 10 fort. 11 (4) Without accurate information, the WHO 12 cannot advise Member States properly on the risks 13 posed by infectious diseases. 14 (5) There are credible reports that in 2006, 15 2009, and 2011 the Government of Ethiopia mis- 16 represented the nature and seriousness of cholera 17 epidemics in that country to the WHO with a view 18 towards minimizing the potential damage to their 19 economy. 20 (A) Those misrepresentations diminished 21 the WHO’s effectiveness and the WHO trans- 22 mitted inaccurate and misleading information 23 regarding the presence of cholera to partici- 24 pating states. 25 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1775.IH H1775 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1775 IH (B) Other Member States relied on the 1 misleading and inaccurate information that the 2 WHO communicated to them to formulate pub- 3 lic health policy, resulting in loss of life, injury, 4 and damage to property and commercial inter- 5 ests to citizens outside of Ethiopia as a con- 6 sequence of that country’s misrepresentations 7 to the WHO. 8 (6) There are credible reports that WHO Mem- 9 ber States misrepresented facts concerning the 10 Ebola outbreak to that organization with a view to- 11 wards minimizing the commercial impact that a 12 widely disseminated understanding of the risks 13 posed by the Ebola epidemic may have caused in 14 their individual economies. 15 (A) Those misrepresentations diminished 16 the WHO’s effectiveness, and the WHO trans- 17 mitted inaccurate and misleading information 18 regarding the communicability of Ebola to par- 19 ticipating States. 20 (B) Other Member States relied on the 21 misleading and inaccurate information that the 22 WHO communicated to them to formulate pub- 23 lic health policy, resulting in loss of life, injury, 24 and damage to property and commercial inter- 25 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1775.IH H1775 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1775 IH ests to citizens outside of the misrepresenting 1 States as a consequence of those countries’ mis- 2 representations to the WHO. 3 (7) During the onset of the COVID–19 pan- 4 demic, China misrepresented the seriousness and na- 5 ture of the novel coronavirus to the WHO, with a 6 view towards minimizing the potential damage to 7 their economy and international reputation. 8 (A) Those misrepresentations diminished 9 the WHO’s effectiveness and the WHO trans- 10 mitted inaccurate and misleading information 11 regarding the communicability of the novel 12 coronavirus to participating States. 13 (B) Other Member States relied on the 14 misleading and inaccurate information that the 15 WHO communicated to them to formulate pub- 16 lic health policy, resulting in loss of life, injury, 17 and damage to property and commercial inter- 18 ests to citizens outside of China as a con- 19 sequence of that country’s misrepresentations 20 to the WHO. 21 SEC. 3. PURPOSE. 22 The purpose of this Act is to provide civil litigants 23 with the broadest possible basis, consistent with the Con- 24 stitution of the United States, to seek relief against per- 25 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1775.IH H1775 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1775 IH sons, entities, and foreign countries, wherever acting and 1 wherever they may be found, that have sustained wrongful 2 death, injury, or damage to property or commercial inter- 3 ests as a result of the misrepresentations of an agent of 4 a sovereign State to the WHO concerning the nature, com- 5 municability, or seriousness of an infectious disease. 6 SEC. 4. STATEMENT OF POLICY. 7 It is the policy of the United States to facilitate the 8 ability of victims of state misrepresentations to the World 9 Health Organization (WHO) that result in death, injury, 10 and damage to property and business interests. 11 SEC. 5. RESPONSIBILITY OF FOREIGN STATES FOR LOSS OF 12 LIFE, INJURY, OR OTHER DAMAGES RESULT- 13 ING FROM CERTAIN MISREPRESENTATIONS 14 TO THE WORLD HEALTH ORGANIZATION. 15 (a) IN GENERAL.—Section 1605(a) of title 28, 16 United States Code, is amended by striking ‘‘in which 17 money damages are sought against a foreign state for per- 18 sonal injury or death, or damage to or loss of property, 19 occurring in the United States and caused by the tortious 20 act or omission of that foreign state or of any official or 21 employee of that foreign state while acting within the 22 scope of his office or employment;’’ and inserting ‘‘in 23 which money damages are sought against a foreign state, 24 for personal injury or death, or damage to or loss of prop- 25 VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1775.IH H1775 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1775 IH erty, occurring in the United States as a result of a willful 1 or grossly negligent misrepresentation of information to 2 the World Health Organization of the nature, seriousness, 3 or communicability of an infections disease or other 4 tortious act or omission of that foreign state or of any 5 official or employee of that foreign state while acting with- 6 in the scope of his office or employment’’. 7 (b) EFFECTIVE DATE.—The amendment made by 8 this section shall take effect 90 days after the date of the 9 enactment of this Act. 10 Æ VerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1775.IH H1775 pamtmann on DSKBC07HB2PROD with BILLS