Authority to enter into trusted trade partner agreements

(a) In general Whenever the President determines, based on the considerations set forth in subsection (b), that the reciprocal elimination of existing duties or other import restrictions of a country or countries and the United States with respect to medical goods would contribute to the national security and public health of the United States, the President may, subject to the requirements under section 6— (1) negotiate, enter into, and enforce a trusted trade partner agreement with the country or countries; and (2) proclaim such modification of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as the President determines to be required or appropriate to carry out any such trade agreement. (b) Considerations In determining whether to enter into negotiations for a trusted trade partner agreement with a country pursuant to subsection (a), the President shall take into account whether the government of the country has— (1) expressed a desire to enter into such an agreement; (2) demonstrated a commitment to contribute to global health security, including the national security of the United States and the health of United States citizens, by maintaining open trade in medical goods during a public health emergency, including to enable research, development, and manufacturing of those goods; (3) adhered to and implemented the commitments and obligations under existing free trade agreements to which that country and the United States are parties; (4) implemented measures to reduce or eliminate unnecessary trade barriers and distorting practices affecting medical goods; (5) maintained the rule of law by enacting and enforcing laws and regulations in a clear, publicized, transparent, and nondiscriminatory manner; (6) adopted and enforced laws that provide adequate and effective protection of intellectual property rights reflecting a standard of protection similar to that found under United States law; and (7) agreed to recognize and promote good regulatory practices related to medical goods. (c) Trusted trade partner agreements A trusted trade partner agreement may, with respect to medical goods, provide for— (1) reduction or elimination of duties, quotas, and other trade barriers that undermine the national security and public health of the United States by disincentivizing research, development, and manufacturing in the United States or in countries that are reliable suppliers of medical goods to the United States; (2) diversification and expansion of supplier networks to secure a reliable supply of medical goods; (3) harmonization or convergence of regulatory procedures, regulatory reliance, inspection cooperation, and adoption of international standards (such as to streamline post-approval changes) to expedite cross-border movement of medical goods; (4) increased access to government procurement markets for medical goods and, in the case of a multilateral agreement entered into under the auspices of the World Trade Organization, membership in the Agreement on Government Procurement of the World Trade Organization referred to in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)); (5) adequate and effective protection of intellectual property rights for medical goods reflecting a standard of protection similar to that found under United States law; (6) regulatory cooperation on manufacturing standards for medical goods; (7) a collaboration framework to promote public and private research and development efforts related to medical goods, including facilitation of data flows for life science research and development; (8) adherence to good regulatory practices for sound, affordable, and efficient regulation of medical goods; (9) promotion of regulatory compatibility and cooperation to facilitate trade and investment related to medical goods and accelerate manufacturing of such goods during a public health emergency; and (10) exemption of parties to the agreement from trade-restrictive measures imposed with respect to medical goods during a public health emergency. (d) Report required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to Congress a report on the status of negotiations conducted under subsection (a) for trusted trade partner agreements.