Page:United States Statutes at Large Volume 92 Part 3.djvu/1139

 PUBLIC LAW 95-633—NOV. 10, 1978

92 STAT. 3771

ance of such order, shall request the Secretary of State to transmit a notice of qualified acceptance to the Secretary-General of the United Nations pursuant to paragraph 7 of article 2 of the Convention. A temporary order issued under this subparagraph controlling a drug or other substance subject to proceedings initiated under subsections (a) and (b) of this section shall expire upon the effective date of the application to the drug or substance of the controls resulting from such proceedings. "(B) After a notice of qualified acceptance of a scheduling decision with respect to a drug or other substance is transmitted to the Secretary-General of the United Nations in accordance with clause (ii) or (iii) of paragraph (3)(C) or after a request has been made under clause (iv) of such paragraph with respect to a drug or substance described in a schedule notice, the xittorney General, after consultation with the Secretary of Health, Education, and Welfare and after providing interested persons opportunity to submit comments a)* j L > respecting the requirements of the order to be issued under this sentence, shall issue an order controlling the drug 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 in the case of a drug or substance for which a notice of qualified acceptance was transmitted or whichever the Attorney General determines is appropriate in the case of a drug or substance described in a schedule notice. As a part of such order, the Attorney General shall, after consultation with the Secretary, except such drug 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 Con•..'•;' veution. If, as a result of a review under paragraph 8 of article 2 of the Convention of the scheduling decision with respect to which a ' notice of qualified acceptance was transmitted in accordance with clause (ii) or (iii) of paragraph (3)(C) — " (i) the decision is reversed, and "(ii) the drug or substance subject to such decision is not required to be controlled under schedule IV or V to carry out the minimum United States obligations under paragraph 7 of article 2 of the Convention, the order issued under this subparagraph with respect to such drug or substance shall expire upon receipt by the United States of the review decision. If, as a result of action taken pursuant to action initiated under a request transmitted under clause (iv) of paragraph (3)(C), the drug or substance with respect to which such action was taken is not required to be controlled under schedule IV or V, the order issued under this paragraph with respect to such drug or substance shall expire upon receipt by the United States of a notice of the action taken with respect to such drug or substance under the Convention. "(C) An order issued under subparagraph (A) or (B) may be issued without regard to the findings required by subsection (a) of this section or by section 202(b) and without regard to the procedures prescribed by subsection (a) or (b) of this section. "(5) Nothing in the amendments made by the Psychotropic Substances Act of 1978 or the regulations or orders promulgated there- Ante, p. 3768. under shall be construed to preclude requests by the Secretary of Health, Education, and Welfare or the Attorney General through the

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