Section 1 Short title
This Resolution may be cited as the “World Health Organization Pandemic Treaty Implementation Resolution”.
World Health Organization Pandemic Treaty Implementation Resolution
RESOLUTION
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.
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
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—
is intended to be adopted pursuant to article 19 or any other provision of the Constitution of the World Health Organization; and
establishes significant international commitments by the United States under the authority of World Health Assembly Decision SSA2(5) or any related decision,
Limitation of agreement— The Senate declares that any agreement described in subsection (a)—
involves a significant political and economic commitment of the United States to foreign countries; and
does not legally bind the United States until after—
the President transmits such agreement to the Senate for its consideration as a treaty, subject to the applicable constitutional advice and consent procedures; and
the Senate provides its consent to such treaty through a resolution of ratification.
Sec. 4 Advice
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.
Consultation with the Committee on Foreign Relations of the Senate—
Consultations during negotiations— The Secretary of State, or the designee of the Secretary, shall—
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—
negotiating objectives;
the status of negotiations in progress; and
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—
an agreement described in section 3(a); or
any requirement of, amendment to, or recommendation under, such agreement; and
consult closely and on a timely basis with, and keep fully apprised of the negotiations, the Committee on Foreign Relations of the Senate.
Consultations before signing agreement— Before signing an agreement described in section 3(a), the President shall—
consult closely, and on a timely basis, with the members of the Committee on Foreign Relations of the Senate; and
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.
Designated Senate advisors—
Designation— The Secretary of State—
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
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.
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).
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
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—
such agreement, including all related materials, annexes, and other relevant documents; and
a certification that—
the materials submitted pursuant to paragraph (1) constitute the totality of such agreement in question; and
the adoption of the treaty is in the vital national security interest of the United States.
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).
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.