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 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 2023’’. 

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 World Health Organization (WHO) to make good, 

6 well informed, and transparent public health deci7 sions to contain infectious diseases. 

8 (3) In the past, the WHO played a critical role 

9 in addressing and mitigating infectious diseases, 

10 such as the 1979 eradication of smallpox, which 

11 eradication the WHO coordinated through a sus12 tained global effort. 

13 (4) Without accurate information, the WHO 

14 cannot advise Member States properly on the risks 

15 posed by infectious diseases. 

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

17 2009, and 2011 the Government of Ethiopia mis18 represented the nature and seriousness of cholera 

19 epidemics in that country to the WHO with a view 

20 towards minimizing the potential damage to their 

21 economy. 

22 (A) Those misrepresentations diminished 

23 the WHO’s effectiveness and the WHO trans24 mitted inaccurate and misleading information 


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1 regarding the presence of cholera to partici2 pating states. 

3 (B) Other Member States relied on the 

4 misleading and inaccurate information that the 

5 WHO communicated to them to formulate pub6 lic health policy, resulting in loss of life, injury, 

7 and damage to property and commercial inter8 ests to citizens outside of Ethiopia as a con9 sequence of that country’s misrepresentations 

10 to the WHO. 

11 (6) There are credible reports that WHO Mem12 ber States misrepresented facts concerning the 

13 Ebola outbreak to that organization with a view to14 wards minimizing the commercial impact that a 

15 widely disseminated understanding of the risks 

16 posed by the Ebola epidemic may have caused in 

17 their individual economies. 

18 (A) Those misrepresentations diminished 

19 the WHO’s effectiveness, and the WHO trans20 mitted inaccurate and misleading information 

21 regarding the communicability of Ebola to par22 ticipating States. 

23 (B) Other Member States relied on the 

24 misleading and inaccurate information that the 

25 WHO communicated to them to formulate pubVerDate Sep 11 2014 22:53 Mar 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1519.IH H1519

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1 lic health policy, resulting in loss of life, injury, 

2 and damage to property and commercial inter3 ests to citizens outside of the misrepresenting 

4 States as a consequence of those countries’ mis5 representations to the WHO. 

6 (7) During the onset of the COVID–19 pan7 demic, China misrepresented the seriousness and na8 ture of the novel coronavirus to the WHO, with a 

9 view towards minimizing the potential damage to 

10 their economy and international reputation. 

11 (A) Those misrepresentations diminished 

12 the WHO’s effectiveness and the WHO trans13 mitted inaccurate and misleading information 

14 regarding the communicability of the novel 

15 coronavirus to participating States. 

16 (B) Other Member States relied on the 

17 misleading and inaccurate information that the 

18 WHO communicated to them to formulate pub19 lic health policy, resulting in loss of life, injury, 

20 and damage to property and commercial inter21 ests to citizens outside of China as a con22 sequence of that country’s misrepresentations 

23 to the WHO. 

24 (8) In failing to relay accurate information to 

25 Member States particularly at the onset of the 


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1 COVID–19 pandemic, Director-General Tedros re2 lied on false information provided by the People’s 

3 Republic of China and the Chinese Communist 

4 Party that the virus either could not be transmitted 

5 human-to-human or had a low rate of transmission, 

6 and based on such reliance, failed to thoroughly in7 vestigate the origins of the COVID–19 virus as well 

8 as contrary evidence of whistleblowers such as Li 

9 Wenliang regarding the virus’s transmissibility and 

10 lethality, thereby abetting the People’s Republic of 

11 China’s efforts to suppress information regarding a 

12 global health emergency. To date he has failed to 

13 hold the People’s Republic of China accountable to 

14 International Health Regulations, which apply to all 

15 WHO members, and mandate accurate reporting of 

16 disease outbreaks. 

17 SEC. 3. RESPONSIBILITY OF FOREIGN STATES FOR LOSS OF 

18 LIFE, INJURY, OR OTHER DAMAGES RESULT19 ING FROM CERTAIN MISREPRESENTATIONS 

20 TO THE WORLD HEALTH ORGANIZATION. 

21 (a) IN GENERAL.—Section 1605(a)(5) of title 28, 

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

23 money damages are sought against a foreign state for per24 sonal injury or death, or damage to or loss of property, 

25 occurring in the United States and caused by the tortious 


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

2 employee of that foreign state while acting within the 

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

4 which money damages are sought against a foreign state, 

5 for personal injury or death, or damage to or loss of prop6 erty, occurring in the United States as a result of a willful 

7 or grossly negligent misrepresentation of information to 

8 the World Health Organization of the nature, seriousness, 

9 or communicability of an infections disease or other 

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

11 official or employee of that foreign state while acting with12 in the scope of his office or employment;’’. 

13 (b) CONFORMING AMENDMENT.—Section 

14 1605(a)(5)(B) of title 28, United States Code, is amended 

15 by striking ‘‘misrepresentation, deceit,’’. 

16 (c) EFFECTIVE DATE.—The amendment made by 

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

18 enactment of this Act. 

Æ 


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