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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Compensation for the 

5 Victims of State Misrepresentations to the World Health 

6 Organization Act of 2021’’. 

7 SEC. 2. FINDINGS. 

8 (a) FINDINGS.—Congress finds the following: 


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1 (1) There is a role for an international organi2 zation to help mitigate infectious diseases that re3 spect no boundaries. 

4 (2) The United States depends on an effective 

5 WHO to make good and well informed public health 

6 decisions to contain infectious diseases. 

7 (3) The WHO has played a critical role in ad8 dressing and mitigating infectious diseases, such as 

9 the 1979 eradication of smallpox, which eradication 

10 the WHO coordinated through a sustained global ef11 fort. 

12 (4) Without accurate information, the WHO 

13 cannot advise Member States properly on the risks 

14 posed by infectious diseases. 

15 (5) There are credible reports that in 2006, 

16 2009, and 2011 the Government of Ethiopia mis17 represented the nature and seriousness of cholera 

18 epidemics in that country to the WHO with a view 

19 towards minimizing the potential damage to their 

20 economy. 

21 (A) Those misrepresentations diminished 

22 the WHO’s effectiveness and the WHO trans23 mitted inaccurate and misleading information 

24 regarding the presence of cholera to partici25 pating states. 


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1 (B) Other Member States relied on the 

2 misleading and inaccurate information that the 

3 WHO communicated to them to formulate pub4 lic health policy, resulting in loss of life, injury, 

5 and damage to property and commercial inter6 ests to citizens outside of Ethiopia as a con7 sequence of that country’s misrepresentations 

8 to the WHO. 

9 (6) There are credible reports that WHO Mem10 ber States misrepresented facts concerning the 

11 Ebola outbreak to that organization with a view to12 wards minimizing the commercial impact that a 

13 widely disseminated understanding of the risks 

14 posed by the Ebola epidemic may have caused in 

15 their individual economies. 

16 (A) Those misrepresentations diminished 

17 the WHO’s effectiveness, and the WHO trans18 mitted inaccurate and misleading information 

19 regarding the communicability of Ebola to par20 ticipating States. 

21 (B) Other Member States relied on the 

22 misleading and inaccurate information that the 

23 WHO communicated to them to formulate pub24 lic health policy, resulting in loss of life, injury, 

25 and damage to property and commercial interVerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1775.IH H1775

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1 ests to citizens outside of the misrepresenting 

2 States as a consequence of those countries’ mis3 representations to the WHO. 

4 (7) During the onset of the COVID–19 pan5 demic, China misrepresented the seriousness and na6 ture of the novel coronavirus to the WHO, with a 

7 view towards minimizing the potential damage to 

8 their economy and international reputation. 

9 (A) Those misrepresentations diminished 

10 the WHO’s effectiveness and the WHO trans11 mitted inaccurate and misleading information 

12 regarding the communicability of the novel 

13 coronavirus to participating States. 

14 (B) Other Member States relied on the 

15 misleading and inaccurate information that the 

16 WHO communicated to them to formulate pub17 lic health policy, resulting in loss of life, injury, 

18 and damage to property and commercial inter19 ests to citizens outside of China as a con20 sequence of that country’s misrepresentations 

21 to the WHO. 

22 SEC. 3. PURPOSE. 

23 The purpose of this Act is to provide civil litigants 

24 with the broadest possible basis, consistent with the Con25 stitution of the United States, to seek relief against perVerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1775.IH H1775

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1 sons, entities, and foreign countries, wherever acting and 

2 wherever they may be found, that have sustained wrongful 

3 death, injury, or damage to property or commercial inter4 ests as a result of the misrepresentations of an agent of 

5 a sovereign State to the WHO concerning the nature, com6 municability, or seriousness of an infectious disease. 

7 SEC. 4. STATEMENT OF POLICY. 

8 It is the policy of the United States to facilitate the 

9 ability of victims of state misrepresentations to the World 

10 Health Organization (WHO) that result in death, injury, 

11 and damage to property and business interests. 

12 SEC. 5. RESPONSIBILITY OF FOREIGN STATES FOR LOSS OF 

13 LIFE, INJURY, OR OTHER DAMAGES RESULT14 ING FROM CERTAIN MISREPRESENTATIONS 

15 TO THE WORLD HEALTH ORGANIZATION. 

16 (a) IN GENERAL.—Section 1605(a) of title 28, 

17 United States Code, is amended by striking ‘‘in which 

18 money damages are sought against a foreign state for per19 sonal injury or death, or damage to or loss of property, 

20 occurring in the United States and caused by the tortious 

21 act or omission of that foreign state or of any official or 

22 employee of that foreign state while acting within the 

23 scope of his office or employment;’’ and inserting ‘‘in 

24 which money damages are sought against a foreign state, 

25 for personal injury or death, or damage to or loss of propVerDate Sep 11 2014 19:45 May 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1775.IH H1775

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1 erty, occurring in the United States as a result of a willful 

2 or grossly negligent misrepresentation of information to 

3 the World Health Organization of the nature, seriousness, 

4 or communicability of an infections disease or other 

5 tortious act or omission of that foreign state or of any 

6 official or employee of that foreign state while acting with7 in the scope of his office or employment’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 this section shall take effect 90 days after the date of the 

10 enactment of this Act. 

Æ 


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