What This Bill Does
This bill allows people to sue foreign countries in U.S. courts for harm caused by lying to the World Health Organization about serious infectious diseases. The bill creates a legal pathway for victims of those false statements to seek money damages. It focuses on past misrepresentations about cholera, Ebola and COVID-19.
Who It Affects
People who suffered personal injury, death, or property damage in the United States caused by foreign countries' false health information to the World Health Organization.
Key Provisions
• Foreign countries can be sued in U.S. courts when they deliberately or grossly negligently lie to the World Health Organization about the nature, seriousness or spread of infectious diseases, and that lying causes harm in the United States (Sec. 3(a))
• The legal rule applies to misrepresentations made "within the scope" of a foreign country's official duties (Sec. 3(a))
• The amendment takes effect 90 days after the bill becomes law (Sec. 3(c))
What Changes
The bill modifies existing U.S. law about suing foreign countries by adding a new reason they can be held liable: if they give false information about infectious diseases to the World Health Organization that results in injury, death or property damage within the United States.
Important Definitions
"Willful or grossly negligent" means deliberately lying or showing extreme carelessness in providing information to the World Health Organization.
Effective Date
90 days after the date the bill becomes law (Sec. 3(c))
I
118TH CONGRESS
1ST SESSION H. R. 1519
To provide justice for victims of foreign state misrepresentation to the World
Health Organization, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 2023
Mr. SMITH of New Jersey (for himself and Mr. BURGESS) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To provide justice for victims of foreign state misrepresenta-
tion to the World Health Organization, and for other
purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Compensation for the
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Victims of State Misrepresentations to the World Health
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Organization Act of 2023’’.
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SEC. 2. FINDINGS.
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(a) FINDINGS.—Congress finds the following:
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(1) There is a role for an international organi-
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zation to help mitigate infectious diseases that re-
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spect no boundaries.
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(2) The United States depends on an effective
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World Health Organization (WHO) to make good,
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well informed, and transparent public health deci-
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sions to contain infectious diseases.
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(3) In the past, the WHO played a critical role
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in addressing and mitigating infectious diseases,
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such as the 1979 eradication of smallpox, which
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eradication the WHO coordinated through a sus-
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tained global effort.
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(4) Without accurate information, the WHO
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cannot advise Member States properly on the risks
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posed by infectious diseases.
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(5) There are credible reports that in 2006,
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2009, and 2011 the Government of Ethiopia mis-
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represented the nature and seriousness of cholera
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epidemics in that country to the WHO with a view
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towards minimizing the potential damage to their
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economy.
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(A) Those misrepresentations diminished
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the WHO’s effectiveness and the WHO trans-
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mitted inaccurate and misleading information
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regarding the presence of cholera to partici-
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pating states.
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(B) Other Member States relied on the
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misleading and inaccurate information that the
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WHO communicated to them to formulate pub-
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lic health policy, resulting in loss of life, injury,
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and damage to property and commercial inter-
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ests to citizens outside of Ethiopia as a con-
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sequence of that country’s misrepresentations
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to the WHO.
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(6) There are credible reports that WHO Mem-
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ber States misrepresented facts concerning the
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Ebola outbreak to that organization with a view to-
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wards minimizing the commercial impact that a
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widely disseminated understanding of the risks
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posed by the Ebola epidemic may have caused in
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their individual economies.
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(A) Those misrepresentations diminished
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the WHO’s effectiveness, and the WHO trans-
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mitted inaccurate and misleading information
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regarding the communicability of Ebola to par-
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ticipating States.
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(B) Other Member States relied on the
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misleading and inaccurate information that the
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WHO communicated to them to formulate pub-
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lic health policy, resulting in loss of life, injury,
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and damage to property and commercial inter-
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ests to citizens outside of the misrepresenting
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States as a consequence of those countries’ mis-
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representations to the WHO.
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(7) During the onset of the COVID–19 pan-
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demic, China misrepresented the seriousness and na-
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ture of the novel coronavirus to the WHO, with a
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view towards minimizing the potential damage to
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their economy and international reputation.
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(A) Those misrepresentations diminished
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the WHO’s effectiveness and the WHO trans-
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mitted inaccurate and misleading information
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regarding the communicability of the novel
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coronavirus to participating States.
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(B) Other Member States relied on the
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misleading and inaccurate information that the
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WHO communicated to them to formulate pub-
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lic health policy, resulting in loss of life, injury,
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and damage to property and commercial inter-
20
ests to citizens outside of China as a con-
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sequence of that country’s misrepresentations
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to the WHO.
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(8) In failing to relay accurate information to
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Member States particularly at the onset of the
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COVID–19 pandemic, Director-General Tedros re-
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lied on false information provided by the People’s
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Republic of China and the Chinese Communist
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Party that the virus either could not be transmitted
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human-to-human or had a low rate of transmission,
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and based on such reliance, failed to thoroughly in-
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vestigate the origins of the COVID–19 virus as well
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as contrary evidence of whistleblowers such as Li
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Wenliang regarding the virus’s transmissibility and
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lethality, thereby abetting the People’s Republic of
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China’s efforts to suppress information regarding a
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global health emergency. To date he has failed to
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hold the People’s Republic of China accountable to
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International Health Regulations, which apply to all
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WHO members, and mandate accurate reporting of
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disease outbreaks.
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SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR LOSS OF
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LIFE, INJURY, OR OTHER DAMAGES RESULT-
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ING FROM CERTAIN MISREPRESENTATIONS
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TO THE WORLD HEALTH ORGANIZATION.
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(a) IN GENERAL.—Section 1605(a)(5) of title 28,
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United States Code, is amended by striking ‘‘in which
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money damages are sought against a foreign state for per-
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sonal injury or death, or damage to or loss of property,
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occurring in the United States and caused by the tortious
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act or omission of that foreign state or of any official or
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employee of that foreign state while acting within the
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scope of his office or employment;’’ and inserting ‘‘in
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which money damages are sought against a foreign state,
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for personal injury or death, or damage to or loss of prop-
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erty, occurring in the United States as a result of a willful
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or grossly negligent misrepresentation of information to
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the World Health Organization of the nature, seriousness,
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or communicability of an infections disease or other
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tortious act or omission of that foreign state or of any
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official or employee of that foreign state while acting with-
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in the scope of his office or employment;’’.
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(b)
CONFORMING
AMENDMENT.—Section
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1605(a)(5)(B) of title 28, United States Code, is amended
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by striking ‘‘misrepresentation, deceit,’’.
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(c) EFFECTIVE DATE.—The amendment made by
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this section shall take effect 90 days after the date of the
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enactment of this Act.
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Æ
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