[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]