What This Bill Does
This resolution directs the Senate to establish a process for reviewing pandemic-related international agreements signed by the President. The Senate declares that certain pandemic agreements must take the form of treaties requiring Senate approval before they become binding on the United States. The resolution creates requirements for the President to consult with the Senate during negotiations and to submit any such agreement to the Senate within 60 days of signing.
Who It Affects
The President, the Secretary of State, Senate members (especially the Committee on Foreign Relations), and the United States in its dealings with the World Health Organization regarding pandemic agreements.
Key Provisions
• Any international agreement about pandemic prevention, preparedness, and response drafted by the World Health Assembly that creates significant international commitments by the United States must take the form of a treaty requiring Senate approval (Sec. 3(a)).
• The President must consult closely with the Senate Foreign Relations Committee during negotiations and before signing any such agreement, including informing them about measures other nations have taken to comply with the agreement (Sec. 4(b)).
• The Secretary of State must designate at least two Senate Foreign Relations Committee members on a bipartisan basis to serve as official advisors to negotiations and keep them fully informed (Sec. 4(c)).
• The President must submit the agreement and all related materials to the Senate within 60 days of signing, along with a certification that these materials represent the complete agreement and that adoption serves the vital national security interest of the United States (Sec. 5(a)).
• The Senate declares it will not consider bills or budget measures to implement such pandemic agreements until the President submits the agreement to the Senate as a treaty for constitutional approval (Sec. 5(b)).
What Changes
If this becomes law, the Senate establishes a formal process requiring the President to treat certain World Health Organization pandemic agreements as treaties. The President would be obligated to consult with the Senate Foreign Relations Committee during negotiations and before signing. No such agreement could become effective for the United States without the Senate's approval through a vote on a resolution of ratification (approval requiring two-thirds of senators present). The Senate also blocks itself from considering any bills that would fund implementation of such agreements until this treaty process is completed.
Important Definitions
None defined in the bill text.
Effective Date
Not specified in bill text. Section 5(c) states the rule preventing Senate consideration of implementing legislation remains in effect until the President submits the agreement to the Senate as a treaty, but no general effective date is provided.
III
118TH CONGRESS
1ST SESSION
S. RES. 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.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 28, 2023
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
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 preven-
tion, preparedness, and response.
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 con-
cur’’;
Whereas without appropriate and meaningful consultation
with the Senate—
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•SRES 81 IS
(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 improp-
erly used by the executive branch to circumvent the ap-
propriate 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 ap-
propriate 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 ratifica-
tion;
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 af-
fecting 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;
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•SRES 81 IS
(7) the agreement involves a high degree of for-
mality;
(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 ex-
isting treaty or make technical amendments to an exist-
ing 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,
1
SECTION 1. SHORT TITLE.
2
This Resolution may be cited as the ‘‘World Health
3
Organization Pandemic Treaty Implementation Resolu-
4
tion’’.
5
SEC. 2. PURPOSE.
6
The purpose of this Resolution is for the Senate, as
7
the article I branch of the United States Government that
8
is entrusted with the Advice and Consent power under
9
clause 2 of section 2 of article II of the Constitution of
10
the United States, to establish, through the use of the
11
rulemaking authority of the Senate, a means for deter-
12
mining the form that an international agreement, protocol,
13
legal instrument or agreed outcome with legal force,
14
signed by the President or by his designee, shall take and
15
to which the President intends the United States to be-
16
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•SRES 81 IS
come a Party or to otherwise be bound under international
1
law, in whole or in part.
2
SEC. 3. DECLARATIONS.
3
(a) IN GENERAL.—Exercising the rulemaking au-
4
thority of the Senate, the Senate declares, under clause
5
2 of section 2 of article II of the Constitution of the
6
United States, that any international convention, agree-
7
ment, protocol, legal instrument, or agreed outcome with
8
legal force relating to pandemic prevention, preparedness,
9
and response drafted by the intergovernmental negotiating
10
body of the World Health Assembly that—
11
(1) is intended to be adopted pursuant to arti-
12
cle 19 or any other provision of the Constitution of
13
the World Health Organization; and
14
(2) establishes significant international commit-
15
ments by the United States under the authority of
16
World Health Assembly Decision SSA2(5) or any re-
17
lated decision,
18
meets 1 or more of the factors set forth in the last clause
19
of the preamble, indicating that such agreement should
20
take the form of a treaty requiring Senate approval.
21
(b) LIMITATION OF AGREEMENT.—The Senate de-
22
clares that any agreement described in subsection (a)—
23
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•SRES 81 IS
(1) involves a significant political and economic
1
commitment of the United States to foreign coun-
2
tries; and
3
(2) does not legally bind the United States until
4
after—
5
(A) the President transmits such agree-
6
ment to the Senate for its consideration as a
7
treaty, subject to the applicable constitutional
8
advice and consent procedures; and
9
(B) the Senate provides its consent to such
10
treaty through a resolution of ratification.
11
SEC. 4. ADVICE.
12
(a) REFERRAL.—Any agreement described in section
13
3(a) that is transmitted to the Senate pursuant to section
14
3(b)(2)(A) shall be referred to the Committee on Foreign
15
Relations of the Senate for its consideration.
16
(b) CONSULTATION WITH THE COMMITTEE ON FOR-
17
EIGN RELATIONS OF THE SENATE.—
18
(1) CONSULTATIONS DURING NEGOTIATIONS.—
19
The Secretary of State, or the designee of the Sec-
20
retary, shall—
21
(A) at the request of the Chair or the
22
Ranking Member of the Committee on Foreign
23
Relations of the Senate, meet with any or all
24
members of the Committee regarding—
25
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•SRES 81 IS
(i) negotiating objectives;
1
(ii) the status of negotiations in
2
progress; and
3
(iii) the nature of any potential
4
changes to the laws of the United States
5
or the administration of such laws that
6
may be recommended to Congress to carry
7
out—
8
(I) an agreement described in
9
section 3(a); or
10
(II) any requirement of, amend-
11
ment to, or recommendation under,
12
such agreement; and
13
(B) consult closely and on a timely basis
14
with, and keep fully apprised of the negotia-
15
tions, the Committee on Foreign Relations of
16
the Senate.
17
(2) CONSULTATIONS BEFORE SIGNING AGREE-
18
MENT.—Before signing an agreement described in
19
section 3(a), the President shall—
20
(A) consult closely, and on a timely basis,
21
with the members of the Committee on Foreign
22
Relations of the Senate; and
23
(B) keep such members fully apprised of
24
the measures other nations have taken to com-
25
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•SRES 81 IS
ply with the provisions of such agreement that
1
are to take effect on the date on which such
2
agreement enters into force.
3
(c) DESIGNATED SENATE ADVISORS.—
4
(1) DESIGNATION.—The Secretary of State—
5
(A) shall designate not fewer than 2 mem-
6
bers of the Committee on Foreign Relations of
7
the Senate, on a bipartisan basis, to serve as
8
Senate advisors to the negotiations regarding
9
an agreement described in section 3(a); and
10
(B) may designate additional members of
11
the Committee on Foreign Relations of the Sen-
12
ate as Senate advisors, after consultation with
13
the Chair and Ranking Member of the Com-
14
mittee.
15
(2) CONSULTATIONS WITH DESIGNATED CON-
16
GRESSIONAL
ADVISORS.—During negotiations re-
17
garding an agreement described in section 3(a), the
18
Secretary of State or an officer of the Department
19
of State who has been confirmed to such position by
20
the Senate and designated by the Secretary, shall
21
consult closely and on a timely basis (including im-
22
mediately before initialing any agreement) with, and
23
keep fully apprised of the negotiations, the Senate
24
advisors designated pursuant to paragraph (1).
25
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•SRES 81 IS
(3) ACCREDITATION.—Each Senator designated
1
as a Senate advisor pursuant to paragraph (1) shall
2
be accredited by the Secretary of State on behalf of
3
the President as an official advisor to the United
4
States delegation to any relevant international con-
5
ferences, meetings, and negotiating sessions relating
6
to an agreement described in section 3(a).
7
SEC. 5. CONSENT.
8
(a) SUBMISSION OF TREATY TO THE SENATE.—An
9
international convention, agreement, protocol, legal instru-
10
ment, or agreed outcome with legal force relating to pan-
11
demic prevention, preparedness, and response described in
12
section 3(a) shall not become effective with respect to the
13
United States until after the President, not later than 60
14
days after such agreement is signed, submits to the Sen-
15
ate—
16
(1) such agreement, including all related mate-
17
rials, annexes, and other relevant documents; and
18
(2) a certification that—
19
(A) the materials submitted pursuant to
20
paragraph (1) constitute the totality of such
21
agreement in question; and
22
(B) the adoption of the treaty is in the
23
vital national security interest of the United
24
States.
25
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•SRES 81 IS
(b) DECLARATION.—Exercising the rulemaking au-
1
thority granted to the Senate under clause 2 of section
2
5 of article I of the Constitution of the United States,
3
the Senate declares that it shall not be in order for the
4
Senate to consider any bill, any joint or concurrent resolu-
5
tion, any amendment to such bill or amendment, or any
6
conference report authorizing or providing budget author-
7
ity to implement, in whole or in part, any international
8
pandemic preparedness, prevention, and response conven-
9
tion, agreement, protocol, legal instrument, or agreed out-
10
come with legal force of the World Health Assembly, the
11
purpose of which is to implement, in whole or in part, an
12
agreement described in section 3(a).
13
(c) SUNSET.—This section shall remain in effect until
14
the date on which the President submits the agreement
15
and certification required under subsection (a) to the Sen-
16
ate as a treaty for its constitutional advice and consent.
17
Æ
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