October 27, 1970 - 59 Pub. Law 91-513 (r) Paragraph (d) of section 7 of the Act of August 9, 1939 (49 U.S.C. 787) is amended to read as follows: 84 STAT. 1294 53 Stat. 1292. "(d) The term 'narcotic drug' shall have the meaning given that term by section 102(16) of the Controlled Substances Act and shall also include marihuana as defined by section 102(15) of such Act;" (s) Paragraph (a) of section 4251 of title 18, United States Code, 80 Stat. 1442. is amended by striking out "as defined in section 4731 of the Internal Revenue Code of 1954, as amended," and inserting in lieu thereof "as defined in section 102 (16) of the Controlled Substances Act". (t) The first section of the Act of August 11, 1955 (21 U.S.C. 198a), is amended to read as follows: "That for the purpose of any investigation which, in the opinion of the Secretary of the Treasury, is necessary and proper to the enforcement of section 545 of title 18 of the United States Code (relating to smuggling goods into the United States) with respect to any controlled substance (as defined in section 102 of the Controlled Substances Act), the Secretary of the Treasury may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of records (including books, papers, documents, and tangible things which constitute or contain evidence) relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place within the customs territory of the United States, except that a witness shall not be required to appear at any hearing distant more than 100 miles from the place where he was served with subpena. Witnesses summoned by the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Oaths and affirmations may be made at any place subject to the jurisdiction of the United States." PENDING PROCEEDINGS SEC. 1103. (a) Prosecutions for any violation of law occurring prior to the effective date of section 1101 shall not be affected by the repeals or amendments made by such section or section 1102, or abated by reason thereof. (b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of section 1101 shall not be affected by the repeals or amendments made by such section or section 1102, or abated by reason thereof. PROVISIONAL REGISTRATION SEC. 1104. (a) (1) Any person (A) who is engaged in importing or exporting any controlled substance on the day before the effective date of section 1007, (B) who notifies the Attorney General that he is so engaged, and (C) who is registered on such day under section 510 of the Federal Food, Drug, and Cosmetic Act or under section 4722 of the Internal Revenue Code of 1954, shall, with respect to each establishment for which such registration is in effect under any such section, be deemed to have a provisional registration under section 1008 for the import or export (as the case may be) of controlled substances. (2) During the period his provisional registration is in effect under this section, the registration number assigned such person under such section 510 or under such section 4722 (as the case may be) shall be his registration number for purposes of part A of this title. Investigations, subpoena power. 69 Stat. 684. 62 Stat. 716. Witnesses, travel expenses. 76 Stat. 794; 79 Stat. 231. 21 USC 360. 68A Stat. 555. 26 USC 4722. Ante, p. 1285. 84 STAT. 1295 Ante, p. 1255. Ante,pp. 1284, 1257. "Narootio drug." Ante, p. 1244. Ante, p. 1253. Pub. Law 91-513 - 60 October 27, 1970 (b) The provisions of section 304, relating to suspension and revocation of registration, shall apply to a provisional registration under this section. (c) Unless sooner suspended or revoked under subsection (b), a provisional registration of a person under subsection (a)(1) of this section shall be in effect until (1) the date on which such person has registered with the Attorney General under section 1008 or has had his registration denied under such section, or (2) such date as may be prescribed by the Attorney General for registration of importers or exporters, as the case may be, whichever occurs first. EFFECTIVE DATES AND OTHER TRANSITIONAL PROVISIONS SEC. 1105. (a) Except as otherwise provided in this section, this title shall become effective on the first day of the seventh calendar month that begins after the day immediately preceding the date of enactment. (b) Sections 1000, 1001, 1006, 1015, 1016, 1103, 1104, and this section shall become effective upon enactment. (c) (1) If the Attorney General, pursuant to the authority of section 704 (c) of title II, postpones the effective date of section 306 (relating to manufacturing quotas) for any period beyond the date specified in section 704(a) and such postponement applies to narcotic drugs, the repeal of the Narcotics Manufacturing Act of 1960 by paragraph (10) of section 1101 (a) of this title is hereby postponed for the same period, except that the postponement made by this paragraph shall not apply to the repeal of sections 4, 5, 13, 15, and 16 of that Act. (2) Effective for any period of postponement, by paragraph (1) of this subsection, of the repeal of provisions of the Narcotics Manufacturing Act of 1960, that Act shall be applied subject to the following modifications: (A) The term "narcotic drug" shall mean a narcotic drug as defined in section 102 (16) of title II, and all references, in the Narcotics Manufacturing Act of 1960, to a narcotic drug as defined by section 4731 of the Internal Revenue Code of 1954 are amended to refer to a narcotic drug as defined by such section 102(16). (B) On and after the date prescribed by the Attorney General pursuant to clause (2) of section 703 (c) of title II, the requirements of a manufacturer's license with respect to a basic class of narcotic drug under the Narcotics Manufacturing Act of 1960, and of a registration under section 4722 of the Internal Revenue Code of 1954 as a prerequisite to issuance of such a license, shall be superseded by a requirement of actual registration (as distinguished from provisional registration) as a manufacturer of that class of drug under section 303 (a) of title II. (C) On and after the effective date of the repeal of such section 4722 by section 1101(b)(3) of this title, but prior to the date specified in subparagraph (B) of this paragraph, the requirement of registration under such section 4722 as a prerequisite of a manufacturer's license under the Narcotics Manufacturing Act of 1960 shall be superseded by a requirement of either (i) actual registration as a manufacturer under section 303 of title II or (ii) provisional registration (by virtue of a preexisting registration under such section 4722) under section 703 of title II. October 27, 1970 - 61 Pub. Law 91-513 (d) Any orders, rules, and regulations which have been promulgated under any law affected by this title and which are in effect on the day preceding enactment of this title shall continue in effect until modified, superseded, or repealed. TITLE IV-REPORT ON ADVISORY COUNCILS REPORT ON ADVISORY COUNCILS SEC. 1200. (a) Not later than March 31 of each calendar year after 1970, the Secretary of the Department of Health, Education, and Welfare shall submit a report on the activities of advisory councils (established or organized pursuant to any applicable statute of the Public Health Service Act, Public Law 410, Seventy-eighth Congress, as amended, or the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, Public Law 88-164, as amended) to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives. Such report shall contain, at least, a list of all such advisory councils, the names and occupations of their members, a description of the function of each advisory council, and a statement of the dates of the meetings of each advisory council. (b) If the Secretary determines that a statutory advisory council is not needed or that the functions of two or more statutory advisory councils should be combined, he shall include in the report a recommendation that such advisory council be abolished or that such functions be combined. 84 STAT. 1296 Reports to Congress. 58 Stat. 682. note. "Statutory council." (c) As used in this section, the term "statutory advisory council" means any committee, board, commission, council, or other similar advisory group established or organized pursuant to any applicable statute to advise and make recommendations with respect to the administration or improvement of an applicable program or other related matter. Approved October 27, 1970. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-1444 (pts. 1 and 2) (Comm. on Interstate and Jan. 23, 24, 26-28, S. 3246 considered and passed Senate. Sept. 23, 24, considered and passed House. Oct. 6, 7, considered and passed Senate, amended. Oct. 8, 14, House agreed to conference report. Oct. 14, Senate agreed to conference report. 93D CONGRESS 1ST SESSION EXHIBIT 3 S. 1252 IN THE SENATE OF THE UNITED STATES MARCH 15, 1973 Mr. BAYн introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act to establish effective controls, including production quotas, stricter distribution and storage security, and more stringent import and export standards, against diversion and abuse of methaqualone, by placing this depressant substance on schedule II of such Act. Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Methaqualone Control 4 Act of 1973". 1 5 SEC. 2. Schedule II of section 202 (c) of the Controlled 6 Substances Act (Public Law 91-513; 84 Stat. 1250) is 7 amended by adding at the end thereof the following new 8 paragraph: II |