,,ii #aaith ,,congress #ast ,session ,s4 #aihc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #e1 #bjbe ,mr4 ,johnson 7for himself1 ,mr4 ,barrasso1 ,mr4 ,budd1 ,mr4 ,cramer1 ,mr4 ,crapo1 ,mr4 ,grassley1 ,mr4 ,hagerty1 ,mr4 ,hoeven1 ,mr4 ,lankford1 ,mr4 ,lee1 ,mr4 ,paul1 ,mr4 ,risch1 ,mr4 ,scott of ,florida1 ,mr4 ,tillis1 and ,mr4 ,tuberville7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to require any convention1 agreement1 or other international instrument on pandemic prevention1 preparedness1 and response reached by the ,world ,health ,assembly to be subject to ,senate ratification4 #a4 ,short title ,this ,act may be cited as the ,no ,,who ,pandemic ,preparedness ,treaty ,without ,senate ,approval ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,on ,may #ah1 #bjbj1 ,president ,donald ,trump sent a letter to ,world ,health ,organization 7referred to in this ,act as ,,who7 ,director-,general ,tedros ,adhanom ,ghebreyesus 7referred to in this ,act as the ,director-,general71 announcing that-- 7,a7 ,united ,states contributions to ,,who would be halted due its mismanagement of the ,,covid-#ai outbreak and its lack of independence from the ,people's ,republic of ,china2 and 7,b7 the ,united ,states would withdraw from ,,who if it did not commit to substantive improvements within #cj days4 7#b7 ,president ,trump's ,may #ah letter cited numerous instances of ,,who mismanagement of the ,,covid-#ai pandemic1 including-- 7,a7 unjustified delays informing member states about a potentially serious disease outbreak in ,wuhan1 ,china2 and 7,b7 repeated grossly inaccurate or misleading claims about the transmissibility of the virus and about the ,government of ,china's handling of the outbreak4 7#c7 ,on ,june #cj1 #bjbj1 ,secretary of ,state ,mike ,pompeo formally notified the ,united ,nations of the ,united ,states decision to withdraw from ,,who1 which would have taken effect on ,july #f1 #bjba1 under the terms of a joint resolution adopted by ,congress on ,june #ad1 #aidh 7,public ,law #hj-fdc2 #fb ,stat4 #dda74 7#d7 ,a ,pew ,research ,center survey conducted in ,april and ,may #bjbj indicated that #ea percent of ,americans felt that ,,who had done a poor or fair job in managing the ,,covid-#ai pandemic4 7#e7 ,on ,january #bj1 #bjba1 ,president ,joseph ,biden sent ,united ,nations ,director-,general ,antnio ,guterres a letter retracting the ,united ,states notice of withdrawal from ,,who4 7#f7 ,on ,december #a1 #bjba1 at the second special session of the ,world ,health ,assembly 7referred to in this ,act as the ,,wha7 decided-- 7,a7 to establish an intergovernmental negotiating body 7referred to in this section as the ,,inb7 to draft and negotiate a ,,who convention 7referred to in this section as the ,convention71 agreement1 or other international instrument on pandemic prevention1 preparedness1 and response1 with a view to adoption under ,article #ai or any other provision of the ,,who ,constitution2 and 7,b7 that the ,,inb shall submit a progress report to the ,seventy-sixth ,,wha and a working draft of the convention for consideration by the ,seventy-seventh ,,wha4 7#g7 ,on ,february #bd1 ,march #ad and #ae1 and ,june #f through #h and #ae through #ag1 #bjbb1 the ,,inb held its inaugural meeting at which the ,director-,general proposed the following #e themes to guide the ,,inb's work in drafting the ,convention3 7,a7 ,building national1 regional1 and global capacities based on a whole-of-government and whole-of-society approach4 7,b7 ,establishing global access and benefit sharing for all pathogens1 and determining a global policy for the equitable production and distribution of countermeasures4 7,c7 ,establishing robust systems and tools for pandemic preparedness and response4 7,d7 ,establishing a long-term plan for sustainable financing to ensure support for global health threat management and response systems4 7,e7 ,empowering ,,who to fulfill its mandate as the directing and coordinating authority on international health work1 including for pandemic preparedness and response4 7#h7 ,the ,,inb failed to negotiate an agreement on ,convention text and did not present a final draft of the ,convention during the ,seventy-seventh ,world ,health ,assembly held between ,may #bg and ,june #a1 #bjbd4 7#i7 ,on ,june #a1 #bjbd1 the ,world ,health ,assembly extended the ,,inb's ,convention mandate until the ,seventy-eighth ,world ,health ,assembly in #bjbe4 7#aj7 ,on ,january #bj1 #bjbe1 ,president ,donald ,trump revoked ,president ,joseph ,biden's ,january #be1 #bjba1 retraction of the ,united ,states notification of withdrawal from the ,,who4 7#aa7 ,on ,may #bj1 #bjbe1 during the #ghth ,world ,health ,assembly1 ,,who member states adopted the ,,inb's draft of a ,,who ,pandemic ,agreement4 7#ab7 ,section #gbc4c of title #aa of the ,department of ,state's ,foreign ,affairs ,manual states that when determining whether any international agreement should be brought into force as a treaty or as an international agreement other than a treaty1 the utmost care is to be exercised to avoid any invasion or compromise of the constitutional powers of the ,president1 the ,senate1 and the ,congress as a whole and includes the following criteria to be considered when determining whether an international agreement should take the form of a treaty or an executive agreement3 7,a7 ,the extent to which the agreement involves commitments or risks affecting the nation as a whole4 7,b7 ,whether the agreement is intended to affect state laws4 7,c7 ,whether the agreement can be given effect without the enactment of subsequent legislation by the ,congress4 7,d7 ,past ,u4,s4 practice as to similar agreements4 7,e7 ,the preference of the ,congress as to a particular type of agreement4 7,f7 ,the degree of formality desired for an agreement4 7,g7 ,the proposed duration of the agreement1 the need for prompt conclusion of an agreement1 and the desirability of concluding a routine or short-term agreement4 7,h7 ,the general international practice as to similar agreements4 #c4 ,sense of the ,senate ,it is the sense of the ,senate that-- 7#a7 a significant segment of the ,american public is deeply skeptical of the ,world ,health ,organization1 its leadership1 and its independence from the pernicious political influence of certain member states1 including the ,people's ,republic of ,china2 7#b7 the ,senate strongly prefers that any agreement related to pandemic prevention1 preparedness1 and response adopted by the ,world ,health ,assembly pursuant to the work of the ,,inb be considered a treaty requiring the advice and consent of the ,senate1 with two-thirds of ,senators concurring2 7#c7 the scope of the agreement which the ,,inb has been tasked with drafting1 as outlined by the ,director-,general1 is so broad that any application of the factors referred to in section #b7aa7 will weigh strongly in favor of it being considered a treaty2 and 7#d7 given the level of public distrust1 any relevant new agreement by the ,world ,health ,assembly which cannot garner the two-thirds vote needed for ,senate approval should not be agreed to or implemented by the ,united ,states4 #d4 ,any ,world ,health ,assembly convention or agreement or other international instrument resulting from the ,international ,negotiating ,body's final report deemed to be a treaty subject to advice and consent of the ,senate ,notwithstanding any other provision of law1 any convention1 agreement1 or other international instrument on pandemic prevention1 preparedness1 and response reached by the ,world ,health ,assembly pursuant to the recommendations1 report1 or work of the ,international ,negotiating ,body established by the second special session of the ,world ,health ,assembly is deemed to be a treaty that is subject to the requirements of article ,,ii1 section #b1 clause #b of the ,constitution of the ,united ,states1 which requires the advice and consent of the ,senate1 with two-thirds of ,senators concurring4