Page:United States Statutes at Large Volume 92 Part 3.djvu/1138

 92 STAT. 3770

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Notice,

PUBLIC LAW 95-633—NOV. 10, 1978 believes that more stringent controls should be applied to the d r u g or substance, the Secretary shall recommend to the Attorney General that he initiate proceedings for scheduling the d r u g or substance, pursuant to subsections (a) and (b) of this section, to apply to such controls. " (B) I f such requirements are not met by such existing controls and the Secretary of Health, Education, and Welfare concurs in the scheduling decision or schedule notice transmitted by the notification, the Secretary shall recommend to the Attorney General that he initiate proceedings for scheduling the d r u g or substance under the appropriate schedule pursuant to subsections (a) and (b) of this section. " (C) I f such requirements are not met by such existing controls and the Secretary of Health, Education, and Welfare does not concur in the scheduling decision or schedule notice transmitted by the notification, the Secretary shall— " (i) if he deems that additional controls are necessary to protect the public health and safety, recommend to the Attorney General that he initiate proceedings for scheduling the d r u g or substance pursuant to subsections (a) and (b) of this section, to apply such additional controls; " ( i i) request the Secretary of State to transmit a notice of qualified acceptance, within the period specified in the Convention, pursuant to paragraph 7 of article 2 of the Convention, to the Secretary-General of the United Nations; " ( i i i) request the Secretary of State to transmit a notice of qualified acceptance as prescribed in clause (ii) and request the Secretary of State to ask for a review by the Economic and Social Council of the United Nations, in accordance with paragraph 8 of article 2 of the Convention, of the scheduling decision; or " ( i v) in the case of a schedule notice, request the Secretary of State to take appropriate action under the Convention to initiate proceedings to remove the d r u g or substance from the schedules under the Convention or to transfer the d r u g or substance to a schedule under the Convention different from the one specified in the schedule notice. " (4)(A) I f the Attorney General determines, after consultation with the Secretary of Health, Education, and Welfare, that proceedings initiated under recommendations made under paragraph (B) or (C)(i) of paragraph (3) will not be completed within the time period required by paragraph 7 of article 2 of the Convention, the Attorney General, after consultation with the Secretary and after providing interested persons opportunity to submit comments respecting the requirements of the temporary order to be issued under this sentence, shall issue a temporary order controlling the d r u g or substance under schedule IV or V, whichever is most appropriate to carry out the minimum United States obligations under paragraph 7 of article 2 of the Convention. As a part of such order, the Attorney General shall, after consultation with the Secretary, except such d r u g or substance from the application of any provision of part C of this title which he finds is not required to carry out the United States obligations under paragraph 7 of article 2 of the Convention. I n the case of proceedings initiated under subparagraph (B) of paragraph (3), the Attorney General, concurrently with the issu-

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