Title 21 — Food and Drugs
Part E · Chapter 13 — Drug Abuse Prevention and Control
§ 886a. Diversion Control Fee Account
Statutory text
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:
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.
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.
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.
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.
Definitions
In this section:
Diversion control program
The term “diversion control program” means the controlled substance and chemical diversion control activities of the Drug Enforcement Administration.
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.
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. 1843Enacted 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.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).Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005
Pub. L. 108–447 § 633(a)(2) · 118 Stat. 2809
Amended · 21 U.S.C. § 886a
Pub. L. 108–447, § 633(a)(2) to (4), designated existing provisions as par. (1)
Inserted · 21 U.S.C. § 886a
Pub. L. 108–447, § 633(a)(2) to (4), inserted heading
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)
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.”;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.”