provisions, including rules governing parties’ access to pathogen genomic sequences and how the products or benefits of such access are to be distributed. (11) Section 723.3 of title 11 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 treaty, the utmost care is to be exercised to avoid any invasion or compromise of the constitutional powers of the President, the Senate, 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 agreement: (A) The extent to which the agreement involves commitments or risks affecting the nation as a whole . (B) Whether the agreement is intended to affect state laws . (C) Whether the agreement can be given effect without the enactment of subsequent legislation by the Congress . (D) Past U.S. practice as to similar agreements . (E) The preference of the Congress as to a particular type of agreement . (F) The degree of formality desired for an agreement . (G) The proposed duration of the agreement, the need for prompt conclusion of an agreement, and the desirability of concluding a routine or short-term agreement . (H) The general international practice as to similar agreements . 3. Sense of the Senate It is the sense of the Senate that— (1) a significant segment of the American public is deeply skeptical of the World Health Organization, its leadership, and its independence from the pernicious political influence of certain member states, including the People's Republic of China