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Title 21 — Food and Drugs

Part E · Chapter 13 — Drug Abuse Prevention and Control

§ 886a. Diversion Control Fee Account

Statutory text

(1)

In general

There is established in the general fund of the Treasury a separate account which shall be known as the Diversion Control Fee Account. For fiscal year 1993 and thereafter:

(A)

There shall be deposited as offsetting receipts into that account all fees collected by the Drug Enforcement Administration, in excess of $15,000,000, for the operation of its diversion control program.

(B)

Such amounts as are deposited into the Diversion Control Fee Account shall remain available until expended and shall be refunded out of that account by the Secretary of the Treasury, at least on a quarterly basis, to reimburse the Drug Enforcement Administration for expenses incurred in the operation of the diversion control program. Such reimbursements shall be made without distinguishing between expenses related to controlled substance activities and expenses related to chemical activities.

(C)

Fees charged by the Drug Enforcement Administration under its diversion control program shall be set at a level that ensures the recovery of the full costs of operating the various aspects of that program.

(D)

The amount required to be refunded from the Diversion Control Fee Account for fiscal year 1994 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years. Any proposed changes in the amounts designated in said budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate fifteen days in advance.

(2)

Definitions

In this section:

(A)

Diversion control program

The term “diversion control program” means the controlled substance and chemical diversion control activities of the Drug Enforcement Administration.

(B)

Controlled substance and chemical diversion control activities

The term “controlled substance and chemical diversion control activities” means those activities related to the registration and control of the manufacture, distribution, dispensing, importation, and exportation of controlled substances and listed chemicals.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 102–395 title I § 111(b) · 106 Stat. 1828

    Enacted · 21 U.S.C. § 886a

    Pub. L. 102–395, title I, § 111(b), Oct. 6, 1992, 106 Stat. 1843

    Source evidence

    Code source credit
    Pub. L. 102–395, title I, § 111(b), Oct. 6, 1992, 106 Stat. 1843

    Enacted provision · exact public law section
    (b) Diversion Control Fee Account.— There is established 21 USC 886a. in the general fund of the Treasury a separate account which shall be known as the Diversion Control Fee Account. For fiscal year 1993 and thereafter: (1) There shall be deposited as offsetting receipts into that account all fees collected by the Drug Enforcement Administration, in excess of $15,000,000, for the operation of its diversion control program. (2) Such amounts as are deposited into the Diversion Control Fee Account shall remain available until expended and shall be refunded out of that account by the Secretary of the Treasury, at least on a quarterly basis, to reimburse the Drug Enforcement Administration for expenses incurred in the operation of the diversion control program. (3) Fees charged by the Drug Enforcement Administration under its diversion control program shall be set at a level that ensures the recovery of the full costs of operating the various aspects of that program. (4) The amount required to be refunded from the Diversion Control Fee Account for fiscal year 1994 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years. Any proposed changes in the amounts designated in said budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate fifteen days in advance. (5) The Attorney General shall prepare and submit annually to the Congress, statements of financial condition of the account, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance.

  2. Federal Reports Elimination Act of 1998

    Pub. L. 105–362 title X § 1001(b) · 112 Stat. 3280

    Struck · 21 U.S.C. § 886a(5)

    Pub. L. 105–362 struck out par. (5) which read as follows: “The Attorney General shall prepare and submit annually to the Congress, statements of financial condition of the account, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance.”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 105–362 struck out par. (5) which read as follows: “The Attorney General shall prepare and submit annually to the Congress, statements of financial condition of the account, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance.”

    Enacted provision · exact public law section
    (b) Diversion Control Fee Account Report.— Section 111(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (21 U.S.C. 886a) is amended by striking paragraph (5).

  3. Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005

    Pub. L. 108–447 § 633(a)(2) · 118 Stat. 2809

    1. Amended · 21 U.S.C. § 886a

      Pub. L. 108–447, § 633(a)(2) to (4), designated existing provisions as par. (1)

    2. Inserted · 21 U.S.C. § 886a

      Pub. L. 108–447, § 633(a)(2) to (4), inserted heading

    3. Substituted · 21 U.S.C. § 886a

      Pub. L. 108–447, § 633(a)(2) to (4), substituted “program. Such reimbursements shall be made without distinguishing between expenses related to controlled substance activities and expenses related to chemical activities” for “program” in par. (1)(B)

    4. Added · 21 U.S.C. § 886a

      Pub. L. 108–447, § 633(a)(2) to (4), added par. (2)

    Source evidence

    Code amendment note
    Pub. L. 108–447, § 633(a)(2) to (4), designated existing provisions as par. (1) and inserted heading, substituted “program. Such reimbursements shall be made without distinguishing between expenses related to controlled substance activities and expenses related to chemical activities” for “program” in par. (1)(B), and added par. (2).

    Enacted provision · exact public law section
    (2) in subparagraph (B), as redesignated, by striking “program.” and inserting “program. Such reimbursements shall be made without distinguishing between expenses related to controlled substance activities and expenses related to chemical activities.”;

  4. Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005

    Pub. L. 108–447 § 633(a)(1) · 118 Stat. 2809

    Redesignated · 21 U.S.C. § 886a

    Pub. L. 108–447, § 633(a)(1), which directed redesignation of pars. (1) to (5) as subpars. (A) to (E) and adjustment of margins, was executed by redesignating pars. (1) to (4) as (A) to (D), respectively, to reflect the probable intent of Congress, because Pub. L. 105–362 struck out par. (5). See 1998 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–447, § 633(a)(1), which directed redesignation of pars. (1) to (5) as subpars. (A) to (E) and adjustment of margins, was executed by redesignating pars. (1) to (4) as (A) to (D), respectively, to reflect the probable intent of Congress, because Pub. L. 105–362 struck out par. (5). See 1998 Amendment note below.

    Enacted provision · exact public law section
    (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), and indenting accordingly;

7 of 7 references resolved to an enrolled provision

Editorial Notes

Codification

Section was enacted as part of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993, and not as part of the Controlled Substances Act which comprises this subchapter.

Amendments1998–2004 · 2 rounds

2004

Pub. L. 108–447, § 633(a)(2) to (4), designated existing provisions as par. (1) and inserted heading, substituted “program. Such reimbursements shall be made without distinguishing between expenses related to controlled substance activities and expenses related to chemical activities” for “program” in par. (1)(B), and added par. (2).

Pub. L. 108–447, § 633(a)(1), which directed redesignation of pars. (1) to (5) as subpars. (A) to (E) and adjustment of margins, was executed by redesignating pars. (1) to (4) as (A) to (D), respectively, to reflect the probable intent of Congress, because Pub. L. 105–362 struck out par. (5). See 1998 Amendment note below.

1998

Par. (5). Pub. L. 105–362 struck out par. (5) which read as follows: “The Attorney General shall prepare and submit annually to the Congress, statements of financial condition of the account, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance.”

Credits

1992–2004 · 3 acts
  1. 1992Pub. L. 102–395, title I, § 111(b), , 106 Stat. 1843
  2. 1998Pub. L. 105–362, title X, § 1001(b), , 112 Stat. 3291
  3. 2004Pub. L. 108–447, div. B, title VI, § 633(a), , 118 Stat. 2921.
Show as published

(Pub. L. 102–395, title I, § 111(b), , 106 Stat. 1843; Pub. L. 105–362, title X, § 1001(b), , 112 Stat. 3291; Pub. L. 108–447, div. B, title VI, § 633(a), , 118 Stat. 2921.)

Parsed from the official OLRC USLM XML in data/usc_all/usc21.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t21/s886a