PolicyBrief
S. 998
119th CongressMar 12th 2025
Medical Supply Chain Resiliency Act
IN COMMITTEE

The Medical Supply Chain Resiliency Act aims to fortify the U.S. medical supply chain by establishing agreements with trusted trade partners to reduce import restrictions, diversify supplier networks, and ensure a reliable supply of medical goods, especially during emergencies.

Thom Tillis
R

Thom Tillis

Senator

NC

LEGISLATION

New Bill Proposes 'Trusted Partner' Deals to Secure U.S. Medical Supplies

This legislation, the Medical Supply Chain Resiliency Act, gives the President the green light to negotiate special trade agreements focused specifically on medical goods – think drugs, medical devices, and the stuff needed to make them. The main goal is to prevent future shortages like those seen during the COVID-19 pandemic by creating more reliable supply lines with friendly, dependable countries.

Why the Change? Lessons from the Pandemic

The bill explicitly points out that the pandemic strained global medical supply chains hard. Demand shot up, supplies dwindled, and some countries restricted exports, making it tough for U.S. healthcare providers to get critical items. It also notes that over the last couple of decades, making medicines has shifted overseas, sometimes to places that might not be the most reliable partners, raising security concerns. The idea here is to diversify where the U.S. gets its essential medical supplies from, leaning on partners committed to open trade, especially during health emergencies.

How It Works: The 'Trusted Trade Partner' Playbook

The core mechanism is creating "trusted trade partner agreements." The President gets the authority to identify potential partner countries and negotiate deals aimed at smoothing the flow of medical goods. When deciding who to negotiate with, factors like a country's commitment to open trade during crises, respect for existing trade deals, fair regulations, and protection of intellectual property (similar to U.S. standards) are key considerations (Sec. 5).

These agreements could tackle several things:

  • Cutting Red Tape: Reducing or eliminating trade barriers (like tariffs or complex regulations) that slow down medical trade or discourage production in the U.S. or partner countries.
  • Streamlining Rules: Aligning regulations and standards to speed up cross-border movement of medical goods.
  • Expanding Networks: Building broader and more diverse supplier networks so we're not overly reliant on just one or two sources.
  • Emergency Exemptions: Potentially exempting partner countries from U.S. trade restrictions on medical goods during a public health emergency.

Checks and Balances: Who Keeps Score?

While the President gets the power to negotiate, Congress isn't just rubber-stamping these deals. The bill sets up a significant oversight process (Sec. 6). Before even starting talks, the President has to notify Congress 60 days in advance. During negotiations, the U.S. Trade Representative (USTR) must consult with key congressional committees and relevant agencies like Health and Human Services.

Before any agreement is finalized, the President has to send a detailed report to Congress explaining the deal and its impact. Congress then gets a specific review period (starting at 30 days, but potentially extending up to 120 days) to examine the agreement. If Congress passes a joint resolution disapproving the deal within that window, it won't take effect. There's also a requirement (Sec. 7) for ongoing monitoring to ensure partners stick to their commitments, with potential actions like suspending the agreement if they don't.