As of early 2026, more than 287 drugs are in short supply across the United States - nearly half of them critical medications for heart attacks, seizures, cancer treatments, and infections. Hospitals are rationing painkillers. Pharmacies are calling patients to switch to less effective alternatives. And doctors are making life-or-death decisions because the medicine they need simply isn’t there. This isn’t a temporary glitch. It’s a system failure. And Congress is finally trying to fix it - with two bills that could change everything, if they ever get out of committee.
The Two Bills Trying to Stop Drug Shortages
The most direct response so far is the Drug Shortage Prevention Act of 2025 (S.2665). Introduced by Senator Amy Klobuchar in August 2025, this bill doesn’t promise new money or big reforms. Instead, it asks one simple thing: manufacturers must tell the FDA when demand for a critical drug starts to spike. Right now, companies don’t have to report anything until the shortage is already happening - often too late. This law would force them to give early warnings, giving regulators time to step in before patients go without.
It sounds basic. But it’s not. Right now, manufacturers can sit on production delays, ignore supply chain warnings, or wait until a drug runs out before saying anything. The FDA’s Drug Shortage Portal, which tracks these issues, is already overwhelmed. In October 2025, 63% of shortages were traced back to manufacturing delays - not raw material shortages or regulatory delays. If companies had to report early signs of trouble, the FDA could push for backup suppliers, adjust distribution, or even fast-track approvals for alternatives. But that only works if the agency is running.
And that’s the problem.
The Shutdown That Broke Everything
Since October 1, 2025, the U.S. government has been shut down - the longest in history. Nearly 800,000 federal workers are furloughed. The FDA’s drug shortage team? Not working. Their computers? Not maintained. The portal that tracks shortages? Glitching. The people who review emergency requests for new suppliers? On unpaid leave.
Even if S.2665 passed tomorrow, it couldn’t be enforced. The agency that’s supposed to make it work doesn’t have staff. No one is answering phones. No one is checking emails. No one is updating the list of which drugs are running out. And without that, the bill is just words on paper.
Meanwhile, the second bill - the Health Care Provider Shortage Minimization Act of 2025 (H.R.1160) - is even more mysterious. All we know is the title. No sponsor list. No committee assignment. No text published anywhere. It’s supposed to address the shortage of doctors, nurses, and primary care providers, which affects 122 million Americans living in areas with no nearby clinic. But without knowing what’s in it, we can’t say if it would help. Will it fund more medical schools? Expand telehealth? Pay doctors to work in rural areas? No one knows. And with Congress frozen, it’s not even being discussed.
Why This Keeps Happening
Drug shortages aren’t new. But they’ve gotten worse because the system is built to ignore the problem until it’s an emergency. Manufacturers rely on thin margins, especially for generic drugs. If a drug costs $1 a pill and you make 10 million pills, your profit is $10 million - after paying for ingredients, labor, and compliance. That’s not much. So when a factory has a minor equipment issue, or a supplier raises prices, it’s cheaper to wait and let the shortage happen than to fix it early.
Then there’s the lack of backup. The U.S. depends on just a few global suppliers for key ingredients. One plant in India or China shuts down - and suddenly, half the country’s supply of antibiotics disappears. The FDA knows this. But they don’t have the power to force companies to diversify suppliers. And without that, shortages keep coming.
And it’s not just drugs. Hospitals reported in October 2025 that 98% had at least one critical drug shortage in the last quarter. One hospital in Ohio had to delay cancer treatments because the chemo drug they needed was out. Another in Texas switched patients to a less effective painkiller - and saw more emergency room visits because it didn’t work as well.
What’s Being Done - and What’s Not
Meanwhile, Congress is busy with other things. In November 2025, House Republicans pushed to reverse a rule that lets senators sue over phone records. The Stop Secret Spending Act got attention - but it’s about Treasury transparency, not medicine. The Rescissions Act of 2025 cut $7.9 billion from foreign aid. But not one cent was added to fix drug shortages.
The Congressional Budget Office says implementing S.2665 would cost $45 million a year - a fraction of what’s being cut elsewhere. But with the federal deficit hitting $1.74 trillion in the last fiscal year, no one wants to spend money on a problem that doesn’t make headlines. And right now, the shutdown is the headline. The drug shortages? They’re background noise.
Doctors know this. A September 2025 survey by the American Medical Association found that 87% of physicians have seen patients suffer because of drug shortages. But only 12% even knew H.R.1160 existed. The public? Most have no idea. They just notice their prescription is gone - and their doctor says, "I’m sorry, we’re out."
What Needs to Happen Next
If these bills are going to work, three things need to change:
- Get the government open. No law can be enforced if the FDA is shuttered. The shutdown must end before any of this moves forward.
- Make the bill real. S.2665 needs clear definitions: What counts as a "critical drug"? What’s the deadline for reporting? What penalties apply if companies lie or delay? Right now, it’s all vague.
- Build real backup systems. The U.S. can’t keep relying on one factory in one country. The government needs to incentivize domestic production of key ingredients - not just wait for shortages to happen.
There’s no magic fix. But without early warnings, without enforcement, and without political will, shortages will keep getting worse. And patients will keep paying the price.
What You Can Do Right Now
If you’re on a medication that’s been in short supply, don’t wait for Congress to act. Talk to your pharmacist. Ask if there’s a therapeutic alternative. Check the FDA’s Drug Shortage website - it’s still updating, even during the shutdown. Join patient advocacy groups. Call your representative. Tell them you’ve been affected. The only reason these bills get attention is because people demand it.
Because right now, the system is broken. And unless enough people push back, it won’t get fixed - not this year, not next year, and maybe not ever.
What is the Drug Shortage Prevention Act of 2025?
The Drug Shortage Prevention Act of 2025 (S.2665) is a proposed law that would require pharmaceutical manufacturers to notify the FDA when demand for critical drugs increases. The goal is to give regulators early warning so they can prevent shortages before they happen. The bill is currently in the Senate Health, Education, Labor, and Pensions Committee and has not yet been voted on.
Why hasn’t the bill passed yet?
The bill is stuck because the U.S. government has been shut down since October 1, 2025 - the longest shutdown in history. Federal agencies like the FDA are not operating normally, so even if the bill passed, there would be no one to enforce it. Additionally, Congress is focused on budget battles and partisan issues, leaving public health legislation sidelined.
How many drugs are currently in short supply?
As of September 30, 2025, the FDA listed 287 drugs in shortage, with 47% classified as critical - meaning they’re used to treat life-threatening conditions like cancer, heart failure, or severe infections. The number has been rising steadily since 2020.
What’s the Health Care Provider Shortage Minimization Act?
H.R.1160 is a bill introduced in the House to address the shortage of doctors, nurses, and other healthcare workers. But as of early 2026, no detailed text, sponsors, or committee assignments have been made public. Without knowing what’s in it, it’s impossible to assess its potential impact.
Can I find out if my medication is on the shortage list?
Yes. The FDA maintains a public Drug Shortages list on its website (FDA.gov). Even during the government shutdown, the site continues to update with new shortages reported by manufacturers and healthcare providers. You can search by drug name or browse by category.