Page:United States Statutes at Large Volume 92 Part 3.djvu/1137

 PUBLIC LAW 95-633—NOV. 10, 1978

92 STAT. 3769

retary of Health, Education, and Welfare on the basis of a consensus of the views of the American medical and scientific community. SEC. 102. (a) Subsection (d) of section 201 of the Controlled Substances Act (21 U.S.C. 811(d)) is amended by inserting " (1) " after " (d) " and by adding the following new paragraphs at the end thereof: "(2)(A) Whenever the Secretary of State receives notification from the Secretary-General of the United JN^ations that information has been transmitted by or to the World Health Organization, pursuant to article 2 of the Convention on Psychotropic Substances, which may justify adding a drug or other substance to one of the schedules of the Convention, transferring a drug or substance from one schedule to another, or deleting it from the schedules, the Secretary of State shall inmiediately transmit the notice to the Secretary of Health, Education, and Welfare who shall publish it in the Federal Register Publication in and provide opportunity to interested persons to submit to him com- Federal ments respecting the scientific and medical evaluations which he is Register. to prepare respecting such drug or substance. The Secretary of Health, Education, and Welfare shall prepare for transmission through the Secretary of State to the World Health Organization such medical and scientific evaluations as may be appropriate regarding the possible action that could be proposed by the World Health Organization respecting the drug or substance with respect to which a notice was transmitted under this subparagraph. "(B) Whenever the Secretary of State receives information that the Commission on Narcotic Drugs of the United Nations proposes to decide whether to add a drug or other substance to one of the schedules of the Convention, transfer a drug or substance from one schedule to another, or delete it from the schedules, the Secretary of State shall transmit timely notice to the Secretary of Health, Education, and Welfare of such information who shall publish a summary of such information in the Federal Register and provide opportunity Publication in to interested persons to submit to him comments respecting the Federal recommendation which he is to furnish, pursuant to this subpara- Register. graph, respecting such proposal. The Secretary of Health, Education, and Welfare shall evaluate the proposal and furnish a recommendation to the Secretary of State which shall be binding on the representative of the United States in discussions and negotiations relating to the proposal. "(3) When the United States receives notification of a scheduling decision pursuant to article 2 of the Convention on Psychotropic Substances that a drug or other substance has been added or transferred to a schedule specified in the notification or receives notification (referred to in this subsection as a 'schedule notice') that existing legal controls applicable under this title to a drug or substance and the controls required by the Federal Food, Drug, and Cosmetic Act do not 21 USC 301 meet the requirements of the schedule of the Convention in which such drug or substance has been placed, the Secretary of Health, Education, and Welfare, after consultation with the Attorney General, shall first determine whether existing legal controls under this title applicable to the drug or substance and the controls required by the Federal Food, Drug, and Cosmetic Act, meet the requirements of the schedule specified in the notification or schedule notice and shall take the following action: "(A) If such requirements are met by such existing controls but the Secretary of Health, Education, and Welfare nonetheless

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