Monitoring and enforcement of continued compliance with trusted trade partner agreements

(a) Monitoring The Trade Representative shall periodically monitor compliance by a trusted trade partner with the commitments and obligations of the partner under a trusted trade partner agreement. (b) Actions in response to failure To comply (1) Determination and report of Trade Representative If the Trade Representative determines that a trusted trade partner has failed to satisfactorily implement, maintain, and enforce the commitments and obligations of the partner under a trusted trade partner agreement, the Trade Representative shall submit to the President a report setting forth— (A) the determination and the findings that support the determination; and (B) based on such findings, the recommendations of the Trade Representative for action or inaction under this subsection. (2) Determination of President Not later than 30 days after receiving a report under paragraph (1) with respect to a trusted trade partner, the President shall— (A) determine whether the President concurs with the determination of the Trade Representative set forth in the report; and (B) if the President concurs, determine whether— (i) to suspend, withdraw, or prevent the application of the trusted trade partner agreement with the trusted trade partner; (ii) to enter into a binding agreement with the partner that commits the partner— (I) to eliminate any burden or restriction on the United States resulting from the failure of the partner to comply with the commitments and obligations of the partner under a trusted trade partner agreement; and (II) to provide the United States with such compensatory trade benefits as are negotiated between the Trade Representative and the partner; or (iii) to take such other actions as the Trade Representative considers necessary to encourage the partner to adhere to the commitments and obligations of the partner under a trusted trade partner agreement, including suspending the exemption of the partner from trade-restrictive measures imposed with respect to medical goods during a public health emergency. (3) Timeline for action If the President determines under paragraph (2)(B) to take action, the President shall implement that action by not later than the date that is 15 days after the day on which the President determines to take action under that paragraph.