28 U.S.C. § 589a

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 589a - United States Trustee System Fund

(a) There is hereby established in the Treasury of the United States a special fund to be known as the "United States Trustee System Fund" (hereinafter in this section referred to as the "Fund"). Monies in the Fund shall be available to the Attorney General without fiscal year limitation in such amounts as may be specified in appropriations Acts for the following purposes in connection with the operations of United States trustees-

(1) salaries and related employee benefits;

(2) travel and transportation;

(3) rental of space;

(4) communication, utilities, and miscellaneous computer charges;

(5) security investigations and audits;

(6) supplies, books, and other materials for legal research;

(7) furniture and equipment;

(8) miscellaneous services, including those obtained by contract; and

(9) printing.

(b) For the purpose of recovering the cost of services of the United States Trustee System, there shall be deposited as offsetting collections to the appropriation "United States Trustee System Fund", to remain available until expended, the following-

(1)

(A) 40.46 percent of the fees collected under section 1930(a)(1)(A); and

(B) 28.33 percent of the fees collected under section 1930(a)(1)(B);

(2) 48.89 percent of the fees collected under section 1930(a)(3) of this title;

(3) one-half of the fees collected under section 1930(a)(4) of this title;

(4) one-half of the fees collected under section 1930(a)(5) of this title;

(5) 100 percent of the fees collected under section 1930(a)(6) of this title; ¹

(6) three-fourths of the fees collected under the last sentence of section 1930(a) of this title;

(7) the compensation of trustees received under section 330(d) of title 11 by the clerks of the bankruptcy courts;

(8) excess fees collected under section 586(e)(2) of this title;

(9) interest earned on Fund investment; and

(10) fines imposed under section 110(l) of title 11, United States Code.

(c) Amounts in the Fund which are not currently needed for the purposes specified in subsections (a) and (f) shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.

(d) The Attorney General shall transmit to the Congress, not later than 120 days after the end of each fiscal year, a detailed report on the amounts deposited in the Fund and a description of expenditures made under this section.

(e) There are authorized to be appropriated to the Fund for any fiscal year such sums as may be necessary to supplement amounts deposited under subsection (b) for the purposes specified in subsection (a).

(f)

(1) During each of fiscal years 2021 through 2026 and notwithstanding subsection (b)(5), the fees collected under section 1930(a)(6), less the amount specified in paragraph (2), shall be deposited as follows, in the following order:

(A) First, the amounts needed to offset the amount specified in the Department of Justice appropriations for that fiscal year, shall be deposited as discretionary offsetting collections to the "United States Trustee System Fund", pursuant to subsection (a), to remain available until expended.

(B) Second, the amounts determined annually by the Director of the Administrative Office of the United States Courts that are necessary to reimburse the judiciary for the costs of administering payments under section 330(e) of title 11, shall be deposited as mandatory offsetting collections to the "United States Trustee System Fund", and transferred and deposited into the special fund established under section 1931(a), and notwithstanding subsection (a), shall be available for expenditure without further appropriation.

(C) Third, the amounts determined annually by the Director of the Administrative Office of the United States Courts that are necessary to pay trustee compensation authorized by section 330(e)(2) of title 11, shall be deposited as mandatory offsetting collections to the "United States Trustee System Fund", and transferred and deposited into the Chapter 7 Trustee Fund established under section 330(e) of title 11 for payment to trustees serving in cases under chapter 7 of title 11 (in addition to the amounts paid under section 330(b) of title 11), in accordance with that section, and notwithstanding subsection (a), shall be available for expenditure without further appropriation.

(D) Fourth, any remaining amounts shall be deposited as discretionary offsetting collections to the "United States Trustee System Fund", to remain available until expended.

(2) Notwithstanding subsection (b), for each of fiscal years 2021 through 2026, $5,400,000 of the fees collected under section 1930(a)(6) shall be deposited in the general fund of the Treasury.

¹ See Deposits of Fees Under Section 1930(a)(6) of This Title for Certain Fiscal Years note below.

28 U.S.C. § 589a

Added Pub. L. 99-554, title I, §115(a), Oct. 27, 1986, 100 Stat. 3094; amended Pub. L. 101-162, §406, 103 Stat. 1016; Pub. L. 102-140, §111, 105 Stat. 795; Pub. L. 103-121, §111(a)(2), (b)(2), (3), Oct. 27, 1993, 107 Stat. 1164; Pub. L. 104-91, §101, 110 Stat. 11, amended Pub. L. 104-99, §211, 110 Stat. 37; Pub. L. 104-208, div. A, title I, §101(a) [title I, §109(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-18; Pub. L. 106-113, div. B, §1000(a)(1) [title I, title I, §113], Nov. 29, 1999, 113 Stat. 1535, 1501A-6, 1501A-20; Pub. L. 109-8, §325, 119 Stat. 99; Pub. L. 109-13, §6058, 119 Stat. 297; Pub. L. 110-161, §212, 121 Stat. 1914; Pub. L. 112-121, §3(b), May 25, 2012, 126 Stat. 348; Pub. L. 116-325, §3(b), Jan. 12, 2021, 134 Stat. 5087; Pub. L. 117-151, §2(g), June 21, 2022, 136 Stat. 1299.

EDITORIAL NOTES

CODIFICATIONAmendment by Pub. L. 104-91 is based on section 111(b) and (c) of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, which was enacted into law by Pub. L. 104-91.

AMENDMENTS2022-Subsec. (c). Pub. L. 117-151, §2(g)(1), substituted "subsections (a) and (f)" for "subsection (a)".Subsec. (f)(1). Pub. L. 117-151, §2(g)(2)(A), substituted "subsection (b)(5)" for "subsections (b) and (c)" in introductory provisions.Subsec. (f)(1)(A). Pub. L. 117-151, §2(g)(2)(B), inserted "needed to offset the amount" after "amounts".2021-Subsec. (f). Pub. L. 116-325 added subsec. (f).2012-Subsec. (b)(2). Pub. L. 112-121 substituted "48.89" for "55". 2007-Subsec. (b)(10). Pub. L. 110-161 added par. (10).2005-Subsec. (b)(1). Pub. L. 109-8, §325(b)(1), as amended by Pub. L. 109-13, §6058(a), added par. (1) and struck out former par. (1), which read as follows: "27.42 percent of the fees collected under section 1930(a)(1) of this title;". Subsec. (b)(2). Pub. L. 109-8, §325(b)(2), as amended by Pub. L. 109-13, §6058(a), substituted "55 percent" for "one-half". 1999-Subsec. (b)(1). Pub. L. 106-113, §1000(a)(1) [title I, §113], substituted "27.42 percent" for "23.08 percent". Subsec. (b)(9). Pub. L. 106-113, §1000(a)(1) [title I], added par. (9).1996- Pub. L. 104-208 reenacted section catchline without change and amended text generally, revising and restating as subsecs. (a) to (e) provisions of former subsecs. (a) to (f). Subsec. (b)(5). Pub. L. 104-91, as amended by Pub. L. 104-99, inserted "until a reorganization plan is confirmed" before semicolon. Subsec. (f)(2). Pub. L. 104-91, as amended by Pub. L. 104-99, substituted "until a reorganization plan is confirmed;" for period at end.Subsec. (f)(3). Pub. L. 104-91, as amended by Pub. L. 104-99, added par. (3).1993-Subsec. (b)(1). Pub. L. 103-121, §111(a)(2), substituted "23.08 per centum" for "one-fourth".Subsec. (b)(2). Pub. L. 103-121, §111(b)(2), substituted "37.5 per centum" for "50 per centum". Subsec. (f)(1). Pub. L. 103-121, §111(b)(3), substituted "12.5 per centum" for "16.7 per centum".1991-Subsec. (b)(2). Pub. L. 102-140, §111(b)(1), substituted "50 per centum" for "three-fifths". Subsec. (b)(5). Pub. L. 102-140, §111(b)(2), substituted "60 per centum" for "all". Subsec. (f). Pub. L. 102-140, §111(c), added subsec. (f).1989-Subsec. (b)(1). Pub. L. 101-162 substituted "one-fourth" for "one-third".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117-151, §2(h)(3), June 21, 2022, 136 Stat. 1300, provided that: "The amendments made by subsection (g) [amending this section] shall take effect as if enacted on October 1, 2021."

EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112-121, §3(e), May 25, 2012, 126 Stat. 349, provided that: "This section [amending this section and section 1930 of this title and enacting and amending provisions set out as notes under section 1931 of this title] and the amendments made by this section shall take effect 180 days after the date of enactment of this Act [May 25, 2012]."

EFFECTIVE DATE OF 2005 AMENDMENTS Pub. L. 109-13, §6058, 119 Stat. 297, provided that: "This section [amending this section and section 1930 of this title, enacting provisions set out as a note under this section, and amending provisions set out as notes under this section and sections 1930 and 1931 of this title] and the amendment made by this section shall take effect immediately after the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 [Pub. L. 109-8, approved Apr. 20, 2005]." Pub. L. 109-8, §325, 119 Stat. 99, which provided that the amendment made by Pub. L. 109-8, §325(b), (c), would be effective during the 2-year period beginning on Apr. 20, 2005, was omitted in the general amendment of section 325 of Pub. L. 109-8 by Pub. L. 109-13, §6058, 119 Stat. 297. See note above.

EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-113, div. B, §1000(a)(1) [title I, §113], Nov. 29, 1999, 113 Stat. 1535, 1501A-20, provided that the amendment made by section 1000(a)(1) [title I, §113] is effective 30 days after Nov. 29, 1999.

EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104-208, div. A, title I, §101(a) [title I, §109(c)], Sept. 30, 1996, 110 Stat. 3009, 3009-19, provided that: "Notwithstanding any other provision of law or of this Act, the amendments to 28 U.S.C. 589a made by subsection (b) of this section shall take effect upon enactment of this Act [Sept. 30, 1996]."

EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103-121, §111, 107 Stat. 1164, provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993. Pub. L. 103-121, §111, 107 Stat. 1164, provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993.

EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102-140, §111, 105 Stat. 795, provided that the amendment made by that section is effective 60 days after Oct. 28, 1991.

EFFECTIVE DATESection effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99-554, set out as a note under section 581 of this title.

DEPOSITS OF FEES UNDER SECTION 1930(A)(6) OF THIS TITLE FOR CERTAIN FISCAL YEARS Pub. L. 116-325, §3(a), Jan. 12, 2021, 134 Stat. 5087, provided that: "Notwithstanding section 589a(b) of title 28, United States Code, for each of fiscal years 2021 through 2026-"(1) the fees collected under section 1930(a)(6) of such title, less the amount specified in subparagraph [sic] (2), shall be deposited as specified in subsection (b) [amending this section]; and "(2) $5,400,000 of the fees collected under section 1930(a)(6) of such title shall be deposited in the general fund of the Treasury." Pub. L. 115-72, §1004, 131 Stat. 1232, provided that: "Notwithstanding section 589a(b) of title 28, United States Code, for each of fiscal years 2018 through 2022-"(1) 98 percent of the fees collected under section 1930(a)(6) of such title shall be deposited as offsetting collections to the appropriation 'United States Trustee System Fund', to remain available until expended; and"(2) 2 percent of the fees collected under section 1930(a)(6) of such title shall be deposited in the general fund of the Treasury."