republic-os/legal/us/code/title-21/chapter-13/section-886a.md

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LegalText	21 U.S.C. § 886a	Diversion Control Fee Account	us	united_states_code	code_section	21	FOOD AND DRUGS	13	DRUG ABUSE PREVENTION AND CONTROL	886a	21 U.S.C. § 886a	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip	/us/usc/t21/s886a	data/legal/raw/us/code/title-21/usc21.xml	feb298d40d9473679342b5602809ae850a9f793b011cd58bdb959cb91d08f144	3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1	87915cd312a293913f6a1bafd90e022ec653edce5445add5fe7a039c9acc76dd	2026-07-04	official	legal us-code

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

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.

(Pub. L. 102–395, title I, § 111(b), Oct. 6, 1992, 106 Stat. 1843; Pub. L. 105–362, title X, § 1001(b), Nov. 10, 1998, 112 Stat. 3291; Pub. L. 108–447, div. B, title VI, § 633(a), Dec. 8, 2004, 118 Stat. 2921.)

Notes

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.

Amendments2004—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.”