The Secretary shall maintain an up-to-date list of drugs that are determined by the Secretary to be in shortage in the United States.
For each drug on such list, the Secretary shall include the following information:
Subject to paragraphs (2) and (3), the Secretary shall make the information in such list publicly available.
Nothing in this section alters or amends section 1905 of title 18 or section 552(b)(4) of title 5.
The Secretary may choose not to make information collected under this section publicly available under paragraph (1) or section 356c(c) of this title if the Secretary determines that disclosure of such information would adversely affect the public health (such as by increasing the possibility of hoarding or other disruption of the availability of drug products to patients).
Not later than 180 days after March 27, 2020, and every 90 days thereafter, the Secretary shall transmit a report regarding the drugs of the current drug shortage list under this section to the Administrator of the Centers for Medicare & Medicaid Services.
21 U.S.C. § 356e
EDITORIAL NOTES
AMENDMENTS2020-Subsec. (d). Pub. L. 116-136 added subsec. (d). 2016-Subsec. (b)(3)(E). Pub. L. 114-255 which directed substitution of "discontinuance" for "discontinuation", was executed by substituting "Discontinuance" for "Discontinuation" to reflect the probable intent of Congress.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116-136 effective 180 days after Mar. 27, 2020, see section 3112(g) of Pub. L. 116-136 set out as a note under section 356c of this title.