; and (2) with respect to which the Attorney General has not— (A) scheduled the drug or other substance under section 201 of such Act; or (B) notified the Secretary of Health and Human Services that the Attorney General has made a determination not to schedule the drug or other substance under such section. . (c) Increasing the maximum dollar amount of drugs subject to destruction The sixth sentence in section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ) is amended by striking except that the Secretary and all that follows through the two periods at the end and inserting except that the Secretary of Health and Human Services may destroy, without the opportunity for export, any drug refused admission under this section, if such drug is valued at an amount that is $2,500 or less (or such higher amount as the Secretary of the Treasury may set by regulation pursuant to section 498(a)(1) of the Tariff Act of 1930 or such higher amount as the Commissioner of Food and Drugs may set based on a finding by the Commissioner that the higher amount is in the interest of public health) and was not brought into compliance as described under subsection (b). . (d) Destruction of articles of concern The sixth sentence of section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ), as amended by subsection (c), is further amended by inserting before the period at the end the following: ; and the Secretary of Health and Human Services may destroy, without the opportunity for export, any article refused admission under clause (6) of the third sentence of this subsection. . (e) Technical amendments The seventh, eighth, and ninth sentences of section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ) are amended— (1) by striking a drug each place it appears and inserting an article