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Updated June 24, 2024

International Health Regulations Amendments

Background
Since 1980, outbreaks of new and long-standing infectious
diseases have been occurring with increasing frequency and
intensity. In response, the World Health Assembly (WHA),
the governing body of the World Health Organization
(WHO), has been amending the International Health
Regulations (IHR)-a set of rules on global responses to
public health emergencies. The IHR was most recently
amended in June 2024. In January 2022, the United States
and several other States Parties proposed amendments to
the regulations. The 75th WHA agreed to establish a
working group that would consolidate the proposals into a
revised IHR. The working group presented the proposals to
the 77th WHA, which debated and adopted agreed-upon
amendments on June 1, 2024, as summarized below.
Several Members of Congress expressed concern that some
of the proposed amendments might encroach upon U.S.
sovereignty. The State Department issued a press release in
June 2024 asserting that the amendments would make the
global health security architecture stronger overall while
maintaining full respect for sovereignty of individual
states. This In Focus addresses common questions
regarding the IHR, including the role of Congress.
Internationa Hea th Regu at ons
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 has since amended the
IHR several times. 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 States
Parties, including the United 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,
described below) and requirements for States Parties to
* report public health events,
* designate National IHR Focal Points for communication
with WHO, and
* establish and maintain core capacities for surveillance
and response.
2024 Amendments to IHR (2005)
In the first year of the COVID-19 pandemic, States Parties
debated whether WHO had sufficient authority to
investigate the origins of a potential PHEIC, particularly
when a State Party slowed the process (as China had). The
United States and several other countries proposed
amendments to the IHR to address this and several other
related concerns. The proposal prompted broader

discussions regarding IHR implementation, including the
absence of financing mechanisms and distribution networks
for procuring and disseminating countermeasures in low-
and middle-income countries (LMIC) and ensuring
sovereign rights of States Parties. These and other issues
were addressed in the amendments, as summarized below.
Sovereignty. While IHR amendments were being
deliberated, several Members expressed concern that
broadening the IHR might threaten U.S. sovereignty while
numerous observers challenged that idea. Per Article 3,
States Parties have the sovereign right to legislate and to
implement legislation in pursuance of their health policies.
As such, a PHEIC declaration would not automatically
restrict travel or impose specific quarantine requirements,
for example. Article 4, as amended, instructed States Parties
to designate or establish a National IHR Authority, in
accordance with its national law and context, to coordinate
the implementation of the regulations.
Equity. Early in the COVID-19 pandemic, LMIC struggled
to gain access to novel therapeutics and vaccines to combat
the disease. This phenomenon prompted intense debate
about the equitable distribution of pandemic
countermeasures. Article 3, as amended, added the
promotion of equity and solidarity among the IHR (2005)
principles. Article 13, as amended, authorized WHO to
facilitate, and work to remove barriers to, timely and
equitable access by States Parties to relevant health
products. The article also directed the DG to support States
Parties in expanding and diversifying production of relevant
health products, including by promoting research and
development and strengthening local production of relevant
health products. Per Article 13, the DG is permitted to
share with a State Party, upon its request, the product
dossier related to a specific relevant health product, as
provided to WHO by the manufacturer for approval and
where the manufacturer has consented.
Financing. For many years, IHR proponents argued that a
funding mechanism was needed to support IHR
implementation in LMICs. (For more information on this
issue, see CRS In Focus IF10022, The Global Health
Security Agenda (2014-2019) and International Health
Regulations (2005)). The Global Health Security and
International Pandemic Prevention, Preparedness and
Response Act of 2022 authorized U.S. participation in a
Financial Intermediary Fund-later called the Pandemic
Fund-to support countries in IHR implementation, among
other things. Article 44, as amended, established a
Coordinating Financial Mechanism (CFM) to, inter alia, use
or conduct needs and funding gap analyses, and promote
sustainable financing for IHR implementation, including
harmonizing existing funding streams and mobilizing new
ones.

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