This Act mandates that any final World Health Organization pandemic preparedness treaty or agreement must receive the advice and consent of the U.S. Senate by a two-thirds majority vote to be binding on the United States.
Ron Johnson
Senator
WI
This Act mandates that any final convention or agreement on pandemic preparedness resulting from the World Health Organization's (WHO) International Negotiating Body must be treated as a formal treaty. Consequently, the United States cannot adopt or implement such an agreement without receiving the "advice and consent" of the Senate. This ensures that the Senate has a final, two-thirds majority vote on any binding international health instrument negotiated by the WHO.
This bill, titled the "No WHO Pandemic Preparedness Treaty Without Senate Approval Act," is short, sharp, and entirely focused on changing the rules for international health agreements. Essentially, it mandates that any final convention or agreement coming out of the World Health Organization’s (WHO) ongoing negotiations about pandemic preparedness must be treated as a formal treaty under U.S. law. Why does this matter? Because under the Constitution, a formal treaty requires the "advice and consent" of the Senate, which means it needs a two-thirds supermajority vote—about 67 Senators—to be ratified and binding on the United States (Sec. 4).
Right now, the President can often enter into major international agreements using an executive agreement, which doesn't require Senate approval, or a congressional-executive agreement, which only needs a simple majority in both the House and Senate. This bill strips the Executive Branch of that flexibility specifically for the WHO’s proposed Pandemic Agreement. The Senate’s stated reasoning is that the scope of this new global health agreement is so broad and potentially impactful that it must clear the higher bar of a two-thirds vote, reflecting deep skepticism about the WHO’s independence and effectiveness following the COVID-19 pandemic (Sec. 3).
For the average person, this bill is a major check on executive power, but it comes with a trade-off. On one hand, it guarantees that any future global health commitments—which could potentially affect everything from how the U.S. shares medical resources to how we track infectious diseases—will require broad political consensus across the Senate. If you’re concerned about U.S. sovereignty or the WHO overreaching, this increased oversight is a win. On the other hand, a two-thirds majority is notoriously difficult to achieve. If a new pandemic hits and a crucial international agreement is needed quickly, this requirement could significantly delay or outright block U.S. participation, potentially leaving the country isolated from global efforts to secure vaccines, share data, or coordinate travel restrictions. For the global public health community, this raises a red flag: the U.S., a critical player, might not be able to join an international response framework, even if experts deem it necessary.
Think about the next time a novel virus emerges. If the WHO and other nations quickly agree on a framework for sharing genetic sequencing data or setting up rapid vaccine distribution, the U.S. would be unable to participate until the Senate completes its full treaty ratification process. This process can take months, or even years, especially when a two-thirds vote is required. For example, if the WHO agreement requires member states to share samples of new pathogens, the U.S. could be sidelined while the Senate debates ratification, potentially missing out on critical early data. This bill essentially prioritizes legislative deliberation and high consensus over speed and executive flexibility in a crisis (Sec. 4). It’s a move that ensures the Senate has a massive say, but it also introduces significant potential for political gridlock to slow down public health responses.