PRIA, Government Policy, Made Personal

Summary

The Attorney General must tell the President in good time before starting any proceeding under section 811(a) if he finds that a drug not already listed as a controlled substance could be abused, or if a controlled drug should be moved or removed from its schedule. Anything the Secretary of Health and Human Services sends the Attorney General under section 811(f) must also be sent to the President by the HHS Secretary.

Title 21, §1115

Food and Drugs, Source: USLM XML via OLRC

Whenever the Attorney General determines that there is evidence that—

(1)a drug or other substance, which is not a controlled substance (as defined in section 802(6) of this title), has a potential for abuse, or

(2)a controlled substance should be transferred or removed from a schedule under section 812 of this title,

he shall, prior to initiating any proceeding under section 811(a) of this title, give the President timely notice of such determination. Information forwarded to the Attorney General pursuant to section 811(f) of this title shall also be forwarded by the Secretary of Health and Human Services to the President.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 201 of Pub. L. 92–255, title II, as added Pub. L. 96–181, § 4, Jan. 2, 1980, 93 Stat. 1310; amended Pub. L. 98–473, title II, § 1306, Oct. 12, 1984, 98 Stat. 2170, related to concentration of Federal effort in drug abuse prevention, prior to repeal by Pub. L. 100–690, title I, § 1007(c)(1), Nov. 18, 1988, 102 Stat. 4187. A prior section 1115, Pub. L. 92–255, title II, § 205, as added Pub. L. 94–237, § 4(b), Mar. 19, 1976, 90 Stat. 242, which provided for employment, functions, and travel expenses of employees, was omitted in the general revision of this subchapter by Pub. L. 96–181, § 4, Jan. 2, 1980, 93 Stat. 1309. Another prior section 1115, Pub. L. 92–255, title II, § 205, Mar. 21, 1972, 86 Stat. 68, provided for the delegation of functions by the Director, prior to repeal by Pub. L. 92–255, title I, § 104, Mar. 21, 1972, 86 Stat. 67, eff. June 30, 1975. Provisions similar to this section were contained in section 1118 of this title prior to the general revision of this subchapter by Pub. L. 96–181, § 4, Jan. 2, 1980, 93 Stat. 1309.

Amendments

1981—Pub. L. 97–35 substituted “Health and Human Services” for “Health, Education, and Welfare”.

§1115 Notice Relating to the Control of Dangerous Drugs