The World Health Organization is working to enact a pandemic treaty that would require countries like the United States to hand over 20% of their health supplies and vaccines for what’s described as equitable distribution in the event of a pandemic.  But Rep. Chris Smith, R-N.J., is expressing concern about the treaty and argues it would surrender American sovereignty. 

“Under absolutely no circumstances should the Biden administration surrender American sovereignty to the World Health Organization and allow the voice of the American people and consent of the governed to be subjugated to dictates of an agenda-driven global administrative bureaucracy,” Smith said in a statement. 

Smith said he’s most concerned about articles 4 and 10.

Article 4 addresses sovereignty.

“States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to determine and manage their approach to public health,” the article states.  

The article later adds, “provided that activities within their jurisdiction or control do not cause damage to their peoples and other countries.”

Article 10 addresses “fair and equitable benefit sharing.”

Options for equitable distribution “shall include, but not be limited to: (i) real-time access by WHO to 20% of the production of safe, efficacious and effective pandemic-related products, including diagnostics, vaccines, personal protective equipment and therapeutics, to enable equitable distribution, in particular to developing countries, according to public health risk and need and national plans that identify priority populations.” 

Smith said he will hold a committee hearing on the matter in an effort to bring more transparency to the Biden administration’s efforts to join the accord. 

The Biden administration previously expressed support for the draft treaty but also opposed language that would make it legally binding. 

“We’re not engaged in negotiating a COVID treaty, what we’re engaged in is trying to strengthen the global architecture for dealing with pandemics,” Secretary of State Antony Blinken said at a House Foreign Affairs Committee hearing in March.  

Blinken said they want to ensure countries are committed to transparency and giving access to international inspectors during the next pandemic. Blinken said China did not do that with COVID and the whole world paid the price. 

The World Health Organization’s International Negotiating Body is working to create a final version for consideration at the World Health Assembly in 2024.