[Congressional Record Volume 169, Number 38 (Tuesday, February 28, 2023)]
[Senate]
[Pages S535-S536]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 81--RELATING TO THE ESTABLISHMENT OF A MEANS FOR THE 
     SENATE TO PROVIDE ADVICE AND CONSENT REGARDING THE FORM OF AN 
INTERNATIONAL AGREEMENT RELATING TO PANDEMIC PREVENTION, PREPAREDNESS, 
                              AND RESPONSE

  Mr. RISCH (for himself, Mr. Barrasso, Mr. Hagerty, Mr. Cruz, Mrs. 
Blackburn, Ms. Lummis, Mr. Braun, Mr. Daines, Mr. Marshall, Mr. 
Cassidy, Ms. Collins, Mr. Thune, Mr. Mullin, Ms. Ernst, and Mr. Cramer) 
submitted the following resolution; which was referred to the Committee 
on Foreign Relations:

                               S. Res. 81

       Whereas clause 2 of section 2 of article II of the 
     Constitution of the United States empowers the President ``by 
     and with the Advice and Consent of the Senate, to make 
     Treaties, provided two thirds of the Senators present 
     concur'';
       Whereas without appropriate and meaningful consultation 
     with the Senate--
       (1) the requirement for Senate advice and consent to 
     treaties remains unfulfilled; and
       (2) in some cases, executive agreements, political 
     agreements, and other arrangements have been improperly used 
     by the Executive branch to circumvent the appropriate review 
     of significant agreements by Congress;
       Whereas as an appropriate exercise of the advice and 
     consent power entrusted to the Senate, the Senate may refuse 
     to consider legislative measures intended to authorize or 
     appropriate funds to implement international agreements 
     which, in the opinion of the Senate, constitute treaties 
     under the Constitution of the United States to which the 
     Senate has not given its advice and consent to ratification;
       Whereas clause 2 of section 5 of article I of the 
     Constitution of the United States, grants plenary power to 
     the Senate to ``determine the Rules of its Proceedings'';
       Whereas an international agreement should take the form of 
     a treaty requiring Senate advice and consent and should be 
     transmitted by the President to the Senate for the Senate's 
     consideration and approval if--
       (1) the agreement involves commitments or risks affecting 
     the nation as a whole;
       (2) the agreement is intended to affect State laws;
       (3) the agreement will not take effect until after 
     subsequent legislation is enacted by Congress;
       (4) similar agreements were subjected to the advice and 
     consent of the Senate;
       (5) similar agreements are typically subject to the 
     approval of national legislatures in other countries;
       (6) Congress has expressed a preference regarding its 
     involvement in such type of agreement;
       (7) the agreement involves a high degree of formality;
       (8) the agreement is not routine, is not expected to have a 
     short duration, and does not need to be promptly concluded; 
     or
       (9) if the agreement is intended to implement an existing 
     treaty or make technical amendments to an existing treaty, 
     the relevant Senate committee has previously indicated that 
     such implementation or amendments are significant enough to 
     require submission to the Senate for its advice and consent:
       Now, therefore, be it
       Resolved,

     SECTION 1. SHORT TITLE.

       This Resolution may be cited as the ``World Health 
     Organization Pandemic Treaty Implementation Resolution''.

     SEC. 2. PURPOSE.

       The purpose of this Resolution is for the Senate, as the 
     Article I branch of the United States Government that is 
     entrusted with the Advice and Consent power under clause 2 of 
     section 2 of article II of the Constitution of the United 
     States, to establish, through the use of the rulemaking 
     authority of the Senate, a means for determining the form 
     that an international agreement, protocol, legal instrument 
     or agreed outcome with legal force, signed by the President 
     or by his designee, shall take and to which the President 
     intends the United States to become a Party or to otherwise 
     be bound under international law, in whole or in part.

     SEC. 3. DECLARATIONS.

       (a) In General.--Exercising the rulemaking authority of the 
     Senate, the Senate declares, under clause 2 of section 2 of 
     article II of the Constitution of the United States, that any 
     international convention, agreement, protocol, legal 
     instrument, or agreed outcome with legal force relating to 
     pandemic prevention, preparedness, and response drafted by 
     the intergovernmental negotiating body of the World Health 
     Assembly that--
       (1) is intended to be adopted pursuant to Article 19 or any 
     other provision of the Constitution of the World Health 
     Organization; and
       (2) establishes significant international commitments by 
     the United States under the authority of World Health 
     Assembly Decision SSA2(5) or any related decision,

[[Page S536]]

     meets 1 or more of the factors set forth in the last clause 
     of the preamble, indicating that such agreement should take 
     the form of a treaty requiring Senate approval.
       (b) Limitation of Agreement.--The Senate declares that any 
     agreement described in subsection (a)--
       (1) involves a significant political and economic 
     commitment of the United States to foreign countries; and
       (2) does not legally bind the United States until after--
       (A) the President transmits such agreement to the Senate 
     for its consideration as a treaty, subject to the applicable 
     constitutional advice and consent procedures; and
       (B) the Senate provides its consent to such treaty through 
     a resolution of ratification.

     SEC. 4. ADVICE.

       (a) Referral.--Any agreement described in section 3(a) that 
     is transmitted to the Senate pursuant to section 3(b)(2)(A) 
     shall be referred to the Committee on Foreign Relations of 
     the Senate for its consideration.
       (b) Consultation With the Committee on Foreign Relations of 
     the Senate.--
       (1) Consultations during negotiations.--The Secretary of 
     State, or the designee of the Secretary, shall--
       (A) at the request of the Chair or the Ranking Member of 
     the Committee on Foreign Relations of the Senate, meet with 
     any or all Members of the Committee regarding--
       (i) negotiating objectives;
       (ii) the status of negotiations in progress; and
       (iii) the nature of any potential changes to the laws of 
     the United States or the administration of such laws that may 
     be recommended to Congress to carry out--

       (I) an agreement described in section 3(a); or
       (II) any requirement of, amendment to, or recommendation 
     under, such agreement; and

       (B) consult closely and on a timely basis with, and keep 
     fully apprised of the negotiations, the Committee on Foreign 
     Relations of the Senate;
       (2) Consultations before signing agreement.--Before signing 
     an agreement described in section 3(a), the President shall--
       (A) consult closely, and on a timely basis, with the 
     members of the Committee on Foreign Relations of the Senate; 
     and
       (B) keep such members fully apprised of the measures other 
     nations have taken to comply with the provisions of such 
     agreement that are to take effect on the date on which such 
     agreement enters into force.
       (c) Designated Senate Advisors.--
       (1) Designation.--The Secretary of State--
       (A) shall designate not fewer than 2 members of the 
     Committee on Foreign Relations of the Senate, on a bipartisan 
     basis, to serve as Senate advisors to the negotiations 
     regarding an agreement described in section 3(a); and
       (B) may designate additional members of the Committee on 
     Foreign Relations of the Senate as Senate advisors, after 
     consultation with the Chair and Ranking Member of the 
     Committee.
       (2) Consultations with designated congressional advisors.--
     During negotiations regarding an agreement described in 
     section 3(a), the Secretary of State or an officer of the 
     Department of State who has been confirmed to such position 
     by the Senate and designated by the Secretary, shall consult 
     closely and on a timely basis (including immediately before 
     initialing any agreement) with, and keep fully apprised of 
     the negotiations, the Senate advisors designated pursuant to 
     paragraph (1).
       (3) Accreditation.--Each Senator designated as a Senate 
     advisor pursuant to paragraph (1) shall be accredited by the 
     Secretary of State on behalf of the President as an official 
     advisor to the United States delegation to any relevant 
     international conferences, meetings, and negotiating sessions 
     relating to an agreement described in section 3(a).

     SEC. 5. CONSENT.

       (a) Submission of Treaty to the Senate.--An international 
     convention, agreement, protocol, legal instrument, or agreed 
     outcome with legal force relating to pandemic prevention, 
     preparedness, and response described in section 3(a) shall 
     not become effective with respect to the United States until 
     after the President, not later than 60 days after such 
     agreement is signed, submits to the Senate--
       (1) such agreement, including all related materials, 
     annexes, and other relevant documents; and
       (2) a certification that--
       (A) the materials submitted pursuant to paragraph (1) 
     constitute the totality of such agreement in question; and
       (B) the adoption of the treaty is in the vital national 
     security interest of the United States.
       (b) Declaration.--Exercising the rulemaking authority 
     granted to the Senate under clause 2 of section 5 of article 
     I of the Constitution of the United States, the Senate 
     declares that it shall not be in order for the Senate to 
     consider any bill, any joint or concurrent resolution, any 
     amendment to such bill or amendment, or any conference report 
     authorizing or providing budget authority to implement, in 
     whole or in part, any international pandemic preparedness, 
     prevention, and response convention, agreement, protocol, 
     legal instrument, or agreed outcome with legal force of the 
     World Health Assembly, the purpose of which is to implement, 
     in whole or in part, an agreement described in section 3(a).
       (c) Sunset.--This section shall remain in effect until the 
     date on which the President submits the agreement and 
     certification required under subsection (a) to the Senate as 
     a treaty for its constitutional advice and consent.

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