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June 22, 2022
U.S. Proposals to Amend the International Health Regulations

Background
Since 1980, outbreaks of new and long-standing infectious
diseases have been occurring with greater frequency and
causing higher numbers of human infections. The World
Health Assembly (WHA), the governing body of the World
Health Organization (WHO), has occasionally amended a
long-standing set of rules called the International Health
Regulations (IHR) to address this growing global threat. In
January 2022, the United States introduced amendments to
the Regulations that sought to broaden the ways in which
WHO could respond to public health threats and increase
the pace of such responses. Congressional deliberations of
these amendments focused on the potential implications of
implementation and whether adoption of the amendments
would require congressional consent since the United States
consented to be legally bound by the Regulations through
an executive agreement. This In Focus addresses common
questions regarding the IHR, including the role of Congress
and the status of U.S.-proposed amendments to the
Regulations.
International Health Regulations
In 1969, WHA adopted the IHR to stop the spread of six
diseases (cholera, plague, yellow fever, smallpox, relapsing
fever, and typhus) through quarantine and other infectious
disease control measures. The WHA amended the IHR
several times, most comprehensively in 2005. The 2005
edition, known as IHR (2005), expanded methods for
controlling infectious disease outbreaks beyond quarantine
and broadened the type of public health events that would
require international coordination. The Regulations provide
an overarching legal framework that defines the rights and
obligations of parties to the agreement (which includes the
United States and all other WHO Member States) in
handling public health events and emergencies that have the
potential to cross borders. They also outline criteria for
declaring a public health emergency of international
concern (PHEIC) and requirements for Member States to
* report public health events;
* designate National IHR Focal Points for communication
with WHO; and
* establish and maintain core capacities for surveillance
and response.
IHR (2005) compliance is measured through a self-
assessment questionnaire that WHO sends to Member
States.
Public Health Emergency of International Concern
Following the emergence of an event that might be deemed
a PHEIC, the WHO Director-General convenes an
international team of independent experts to analyze
available information on the event and consider the views
of the State Party where the event is occurring. The team,

called the Emergency Committee, makes recommendations
to the Director-General on how to control the event and
whether to declare a PHEIC. The composition of each
Emergency Committee varies per outbreak. The IHR
Emergency Committee for Pneumonia Due to the Novel
Coronavirus 2019-nCoV, for example, was composed of 15
scientists from around the world, including an official from
the U.S. Centers for Disease Control and Prevention
(CDC). Though the Director-General usually follows the
advice of Emergency Committees, the Director-General
makes final determinations on the event.
A PHEIC declaration alerts countries to implement public
health emergency responses, as outlined in IHR (2005). The
Regulations provide the framework for the response and
Member States develop their own implementation plans. In
upholding IHR (2005), the Regulations specify that
Member States have the sovereign right to legislate and to
implement legislation in pursuance of their health policies.
As such, a PHEIC declaration does not automatically
restrict travel or impose specific quarantine requirements,
for example.
Following a PHEIC declaration, countries may take a
number of actions, including heightening surveillance,
reporting incidence of the relevant disease to the WHO, and
allocating resources for domestic or international responses.
On behalf of the United States, former U.S. Department of
Health and Human Services (HHS) Secretary Alex Azar,
for example, declared a public health emergency for the
entire United States to aid the nation's healthcare
community in responding to 2019 novel coronavirus
following the WHO PHEIC declaration for Coronavirus
Disease 2019 (COVID-19). A declaration can also enable
WHO to access certain emergency funding during an
outbreak, such as that provided through the United Nations
(U.N.) Central Emergency Response Fund and the World
Bank Pandemic Emergency Financing Facility.
Frequently Asked Questions
H ow were the I HR adopted and amended?
Articles 21 and 22 of the WHO Constitution authorize
WHA to adopt regulations to prevent the spread of
infectious diseases, among other things. WHA developed
and amended the IHR pursuant to this authority.
Article 55 of IHR (2005) specifies that any WHO Member
or the WHO Director-General may submit amendments to
be considered by WHA. If WHA adopts any amendments,
Article 59 of IHR (2005), as amended, specifies that WHO
Member States have 10 months to notify their intent to
reject all or some of the regulations or to accept them
subject to reservations. A reservation functions as a

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