[House Report 118-643]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 118-643
======================================================================
NO WHO PANDEMIC PREPAREDNESS TREATY WITHOUT
SENATE APPROVAL ACT
_______
August 30, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1425]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 1425) to require any convention, agreement, or other
international instrument on pandemic prevention, preparedness,
and response reached by the World Health Assembly to be subject
to Senate ratification, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
Summary and Purpose.............................................. 2
Hearings......................................................... 3
Committee Consideration and Votes................................ 3
Oversight Findings and Recommendations........................... 4
New Budget Authority, Tax Expenditures, and Federal Mandates..... 4
Congressional Budget Office Cost Estimate........................ 4
Committee Cost Estimate.......................................... 5
Federal Mandates................................................. 5
Non-Duplication of Federal Programs.............................. 5
Performance Goals and Objectives................................. 5
Congressional Accountability Act................................. 5
New Advisory Committees.......................................... 5
Earmark Identification........................................... 5
Section-by-Section Analysis...................................... 5
Changes in Existing Law.......................................... 5
Dissenting Views................................................. 6
SUMMARY AND PURPOSE
H.R. 1425, the No WHO Pandemic Preparedness Treaty Without
Senate Approval Act, ensures that any pandemic-related
convention of the World Health Organization (WHO) that purports
to bind the United States must be considered and ratified by
the United States Senate as a treaty, subject to the
requirements of article II, section 2 of the Constitution of
the United States. The need to follow the requisite
constitutional process is critical both because of the
potential breadth and intrusiveness of the WHO convention being
negotiated, and because of lingering public distrust of the
WHO, given its manipulation by the Chinese Communist Party
(CCP) in its deadly cover-up that contributed to the global
COVID-19 pandemic.
As detailed elsewhere, it is beyond doubt that the CCP
actively engaged in a cover-up designed to obfuscate data, hide
relevant health information, and suppress doctors and
journalists who attempted to warn the world of the COVID-19
outbreak.\1\ WHO Director-General Tedros responded to the CCP's
cover-up by praising the CCP for their ``transparency,''
despite internal documents showing WHO frustration with the
CCP's failure to share critical data. The WHO repeatedly
parroted CCP talking points while ignoring conflicting
information from reputable sources. Director-General Tedros'
full-throated defense of the CCP's early response and embrace
of their revisionist history, and the impact of his actions on
the global response, remain incredibly concerning.\2\
---------------------------------------------------------------------------
\1\House Foreign Affairs Committee Minority Staff (Ranking Member
Michael T. McCaul), Final Report: The Origins of the COVID-19 Global
Pandemic, Including the Roles of the Chinese Communist Party and the
World Health Organization (September 21, 2020), https://
foreignaffairs.house.gov/blog/mccaul-releases-final-report-on-origins-
of-covid-19-pandemic/.
\2\Id.
---------------------------------------------------------------------------
The World Health Assembly (WHA), comprised of the Member
States of the WHO, is currently negotiating a wide-ranging
convention intended to define each country's responsibilities
for future pandemic preparedness and response. The Biden
Administration, through the Departments of State and Health and
Human Services, is actively engaged in these discussions, with
Ambassador Pamela K. Hamamoto serving as the U.S. Negotiator.
In December 2021, the WHA established the Intergovernmental
Negotiating Body (INB) to draft the pandemic accord. WHO Member
States met in February 2022 for their first INB meeting and
convened a total of nine times for the draft to be considered
at the 77th WHA (May 2024). However, their mandate expired
without reaching an agreement. WHO Member States extended the
accord negotiations up to the 78th WHA meeting in May 2025.
At his appearance before the Committee on March 22, 2024,
Secretary of State Blinken stated that ``on the pandemic
agreement, the way things stand right now I don't see that
coming to a conclusion in the near term. There's just not
consensus on it.'' However, the possibility remains that an
agreement may be reached before the end of 2024.
The incredibly broad draft under negotiation is at many
points an attempt to legislate aspirational slogans. Numerous
continuing concerns underscore why any resulting convention
must be submitted to the Senate for ratification as a treaty--
the correct ``constitutional process'' (pursuant to Article 19
of the WHO Constitution).
The draft--which adds social, cultural, political,
environmental, and climate issues to pandemic preparedness--is
unlimited in its potential scope. It does not include defined
parameters to protect United States sovereignty from
encroachment by other countries or the WHO, and even its
generic nod to national sovereignty includes problematically
vague caveats (``provided that activities within their
jurisdiction or control do not cause damage to their peoples
and other countries'') that invite second-guessing.
The draft contains overbroad, deliberately vague,
and undefined language that would cross longstanding redlines
to maintain a humanitarian principle of neutrality. For
example, it could be read as requiring support for abortion, in
its unspecific references to essential health services,
universal health coverage, gender responsiveness, and
sustainable development goals, among others.
U.S. taxpayers should not be subjected to
mandatory funding or any other obligations without full
disclosure of all obligations and the taxpayers' consent. The
draft commits signatories to contributing large sums to a
Coordinating Financial Mechanism (in addition to the World
Bank's Pandemic Fund) and sets percentages of current domestic
funding to pay for specific health initiatives designated by
the WHO.
The intellectual property of U.S. companies must
be protected. The draft would trample on intellectual property
rights and could hinder biotechnology innovation. Secretary
Blinken himself identified ``intellectual property'' as being
one of the issues thwarting consensus among WHO Member States.
The draft includes no accountability or improved
transparency measures for the CCP and its role in misleading
the WHO and covering up the origins of the COVID-19 pandemic.
The United States continues to contribute far more
technical expertise and funding to global health security than
any other nation. We have even supported the International
Health Regulations to address infectious disease outbreaks and
other public health emergencies around the world. Requiring
proper constitutional consideration of a questionable and
untested WHO pandemic convention is not an assault on pandemic
preparedness. Rather it is the minimum due diligence that
Congress owes to the American people to protect their health,
well-being, and self-governance from overreaches by unelected
international bureaucrats.
HEARINGS
On May 22, 2024, the full committee held a hearing entitled
``The State of American Diplomacy in 2024: Global Instability,
Budget Challenges, and Great Power Competition'' with the
Secretary of State, the Honorable Antony Blinken. The hearing
included Member questions about whether any WHO Pandemic Treaty
would be submitted to the Senate for ratification, and a
discussion with the Secretary about the content and status of
the treaty discussions.
COMMITTEE CONSIDERATION AND VOTES
The Committee considered H.R. 1425 pursuant to notice, in
open session, at a markup on July 10-11, 2024. The bill, as
introduced, was ordered favorably reported to the House by a
vote of 24 Ayes to 23 Noes.
Ayes (24): McCaul, Smith, Wilson, Perry, Issa,
Wagner, Burchett, Green, Barr, Young Kim (CA), Salazar,
Huizenga, Hill, Davidson, Baird, Kean, Lawler, Mills,
McCormick, Moran, James, Self, Zinke, Moylan.
Noes (23): Meeks, Sherman, Connolly, Keating,
Bera, Castro, Titus, Wild, Phillips, Allred, Andy Kim (NJ),
Jacobs, Manning, Cherfilus-McCormick, Stanton, Dean, Jonathan
Jackson (IL), Kamlager-Dove, Costa, Crow, Amo, Mfume,
Schneider.
OVERSIGHT FINDINGS AND RECOMMENDATIONS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
House of Representatives, are incorporated in the ``Summary and
Purpose'' section of this report, above.
NEW BUDGET AUTHORITY, TAX EXPENDITURES,
AND FEDERAL MANDATES
Clause 3(c)(2) of House rule XIII is inapplicable because
this bill does not provide new budget authority or increased
tax expenditures.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
H.R. 1425 would require any international agreement on
pandemics negotiated by the World Health Organization to be
considered an international treaty, requiring consent by the
U.S. Senate before it can be implemented. CBO estimates that
the administrative costs of preparing and submitting such an
international agreement to the Senate would total less than
$500,000 over the 2024-2029 period. Any spending would be
subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Sunita D'Monte.
The estimate was reviewed by Christina Hawley Anthony, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
COMMITTEE COST ESTIMATE
The Committee adopts as its own the Congressional Budget
Office cost estimate on this measure.
FEDERAL MANDATES
The Committee adopts as its own the identification,
description, and assessment of federal mandates contained in
the Congressional Budget Office cost estimate on this measure.
NON-DUPLICATION OF FEDERAL PROGRAMS
Clause 3(c)(5) of House rule XIII is not applicable to this
measure, as it is not a bill or joint resolution that
establishes or reauthorizes a federal program.
PERFORMANCE GOALS AND OBJECTIVES
The goal of H.R. 1425 is to ensure that no pandemic
preparedness agreement, convention, or other instrument reached
by the World Health Assembly can be construed as legally
binding on the United States unless it has been ratified as a
treaty by the United States Senate, as required by article 2 of
the Constitution of the United States.
CONGRESSIONAL ACCOUNTABILITY ACT
H.R. 1425 does not apply to terms and conditions of
employment or to access to public services or accommodations
within the legislative branch.
NEW ADVISORY COMMITTEES
H.R. 1425 does not establish or authorize any new advisory
committees.
EARMARK IDENTIFICATION
H.R. 1425 contains no congressional earmarks, limited tax
benefits, or limited tariff benefits as described in clauses
9(e), 9(f), and 9(g) of House rule XXI.
CHANGES IN EXISTING LAW
The bill, as reported, does not propose to repeal or amend
a statute or part thereof.
DISSENTING VIEWS
H.R. 1425 attempts to undermine a historic opportunity to
reach a Pandemic Accord agreement alongside 194 World Health
Organization Member States.
While Senate ratification followed by Presidential
signature is the formal process by which treaties are ratified
under the United States Constitution, the President has the
authority of acceding to an agreement through executive action
alone, without the advice and consent of the Senate. In fact,
the vast majority of all U.S. international legal agreements
are approved via executive action rather than formal Senate
approval. While framed as an effort to increase Congressional
oversight, this measure is aimed at effectuating a policy with
which Republican members disagree by hampering current U.S.
multilateral diplomatic efforts to reach a Pandemic Agreement--
a process that has already been faced with an avalanche of
malign mis- and disinformation.
On May 2, 2024, the entire Republican Senate Caucus sent a
letter to President Biden voicing their opposition to U.S.
negotiations to reach a Pandemic Accord agreement citing false
claims that an agreement would harm U.S. sovereignty. In
reality, the draft Pandemic Agreement advances global health
security without impacting U.S. national sovereignty as it
explicitly states that it does not give the World Health
Organization (WHO) any power to dictate specific policy to
member nations and that Member States may implement policies
according to their sovereign laws.
On May 24, 2024, House Democrats sent a letter to the U.S.
Mission in Geneva expressing strong support for the WHO
Intergovernmental Negotiating Body's (INB) efforts to reach a
Pandemic Agreement. We are standing on the precipice of history
to learn from the botched global response to the COVID-19
pandemic. During that response, we saw inequities,
inequalities, and unfairness across the international system--
vaccine manufacturing capabilities benefiting wealthy nations,
and vaccine access being denied to less wealthy nations who
were forced to wait in line and, in some cases, punished for
sharing COVID samples with CDC labs and other global health
institutions that helped improve the efficacy of our U.S.-
produced vaccines.
We must support efforts to institute a strong global
framework that secures our national sovereignty, improves the
U.S. and global response to future health emergencies, and
strengthens national health security. The draft Pandemic
Agreement, currently being negotiated among WHO members,
including the United States, helps coordinate a global response
to public health threats that knows no borders, strengthens the
global health workforce, improves distribution of medical
countermeasures, and provides funding for WHO members to
improve their response capacity. The draft Pandemic Agreement
also enhances transparency and information sharing among WHO
members, which is critical to advancing data sharing about
emerging pathogens with pandemic potential.
We must not forget the dark times that COVID-19 brought to
our communities across the United States and globally,
including the tragic number of lives lost due to the illness.
The next pandemic is not a matter of if, but when. We must get
the Pandemic Agreement done as it could prove essential to
saving American lives. This bill undermines diplomatic efforts
seeking to strengthen global health security, and House Foreign
Affairs Committee Democrats unanimously opposed this measure.
Sincerely,
Gregory W. Meeks,
Ranking Member.
[all]