21 U.S.C. § 886a: Diversion Control Fee Account

Summary

The government creates a separate Diversion Control Fee Account in the Treasury. For fiscal year 1993 and thereafter, all Drug Enforcement Administration fees that are in excess of $15,000,000 must be put into that account. The money in the account stays available until spent and the Treasury must refund it at least every three months to reimburse the DEA for running its diversion control program. Refunds do not separate costs for controlled substance work and chemical work. DEA fees must cover the full cost of running the program. For fiscal year 1994 and thereafter, refunds must follow the Attorney General’s budget estimates, and any changes need notice to the House and Senate Appropriations Committees fifteen days ahead. Definitions: Diversion control program — the DEA’s controlled substance and chemical diversion control activities. Controlled substance and chemical diversion control activities — work related to registration and control of making, moving, selling, importing, and exporting controlled substances and listed chemicals.

Title 21, §886a

Food and Drugs, Source: USLM XML via OLRC

(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

(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.

Notes & Related Subsidiaries

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.

Amendments

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.”

§886a Diversion Control Fee Account

Summary

Title 21, §886a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata