Page:United States Statutes at Large Volume 106 Part 3.djvu/49

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PUBLIC LAW 102-395—OCT. 6, 1992 106 STAT. 1843 (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 refimded 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. SEC. 112. Section 286 of the Immigration and Nationality Act of 1952, as amended, is further amended by adding at the end 8 USC 1356. the following new paragraph: "(r) Breached Bond/Detention Account. — "(1) Notwithstanding any other provision of law, there is established in the general fund of the Treasury a separate account which shall be known as the Breached Bond/Detention Fund (hereafter referred to as the Fund). "(2) There shall be deposited as offsetting receipts into the Fund all breached cash and surety bonds, in excess of $8,000,000, posted under the Immigration and Nationality Act of 1952, as amended, which are recovered by the Department of Justice. "(3) Such amounts as are deposited into the Fund shall remain available until expended and shall be refunded out of the Fund by the Secretary of the Treasury, at least on a quarterly basis, to the Immigration and Naturalization Service for the following purposes— "(i) for expenses incurred in the collection of breached bonds, and "(ii) for expenses associated with the detention of illegal aliens. "(4) The amount required to be refunded from the Breached Bond/Detention Fund 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: Provided,