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

This Act establishes the authority for the President to enter into special trade agreements with trusted partners to secure and diversify the U.S. medical supply chain.

Thom Tillis
R

Thom Tillis

Senator

NC

LEGISLATION

Medical Supply Chain Bill Grants President Power to Cut Tariffs for 'Trusted' Global Partners

The Medical Supply Chain Resiliency Act aims to fix one of the biggest headaches the U.S. faced during the pandemic: relying too heavily on just a few countries for critical medical goods like drugs and devices. Essentially, this bill is Congress’s way of saying, “Never again.” The core of the Act is granting the President the authority to negotiate special trade deals, called “trusted trade partner agreements,” specifically for medical supplies, with the goal of diversifying where we get our stuff and stabilizing the supply chain.

The 'Never Again' Clause: Why We Need New Partners

Congress found that during the pandemic, the U.S. was dangerously dependent on a handful of countries—specifically naming China, Mexico, and Malaysia—for over half of its critical medical imports. This reliance is flagged as a national security risk because when a crisis hits, countries often prioritize their own needs first, leaving U.S. hospitals and pharmacies scrambling. This Act is designed to spread the risk. Section 3 aims to build a stronger supply chain by working only with international partners who promise to keep medical goods flowing, even during a public health emergency, and who agree to protect U.S. technology and intellectual property.

The Dealmaker: What a 'Trusted Trade Partner' Gets

Under Section 5, the President can enter into these special agreements and, crucially, can eliminate or reduce existing tariffs (taxes) and import limits on medical goods coming from the partner country. Think of it like a fast lane at customs, but only for the countries we can truly rely on when the chips are down. Before a country can become a “Trusted Trade Partner,” they must prove they are committed to global health security, have strong intellectual property protections (like patents), and maintain clear, fair rules for trade. For the average person, this means that if the plan works, the supply of essential medications or medical devices—like that specific heart monitor component or a generic drug ingredient—should become more stable and less prone to sudden shortages or price spikes caused by trade disruptions.

Congressional Oversight: The Checks and Balances

While Section 5 gives the President broad authority to cut duties, Section 6 ensures Congress isn't just handing over a blank check. Before the President can even start negotiating, they must notify Congress 60 days in advance. More importantly, after a deal is struck, Congress gets a minimum 30-day review period, which can be extended up to 90 days if lawmakers need more time. This rigorous oversight means that any new trade agreement that affects the price or availability of medical supplies will have to pass a serious sniff test by the Senate Finance and House Ways and Means Committees before it can take effect. If Congress passes a joint resolution of disapproval during the review period, the deal is dead. This heavy reporting requirement adds significant administrative burden on the Executive Branch, but it’s the necessary friction to ensure these deals truly benefit U.S. public health and security.

Enforcement: What Happens When a Partner Cheats?

Because a deal is only as good as the paper it’s written on, the Act includes a strong enforcement mechanism in Section 7. The U.S. Trade Representative must constantly monitor partners to ensure they are holding up their end of the bargain—like not suddenly restricting exports of critical supplies. If a partner fails to comply, the President has 30 days to act. This action could be anything from suspending the entire trade agreement immediately to negotiating a new deal that compensates the U.S. for the breach. This is the bill’s insurance policy against a partner turning unreliable during the next global crisis, ensuring that the benefits of tariff reduction are contingent on continued good behavior.