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);
section 1930(a)(6) of this title11 See Deposits of Fees Under Section 1930(a)(6) of This Title for Certain Fiscal Years note below. 100 percent of the fees collected under ;
l fines imposed under section 110() 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)
section 330(e) of title 11 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 , 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)
section 330(e)(2) of title 11section 330(e) of title 11section 330(b) of title 11 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 , 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 for payment to trustees serving in cases under chapter 7 of title 11 (in addition to the amounts paid under ), 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.
Pub. L. 104–91Pub. L. 104–91Amendment by is based on section 111(b) and (c) of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on , which was enacted into law by .
Amendments
Pub. L. 117–151, § 2(g)(1)2022—Subsec. (c). , substituted “subsections (a) and (f)” for “subsection (a)”.
Pub. L. 117–151, § 2(g)(2)(A)Subsec. (f)(1). , substituted “subsection (b)(5)” for “subsections (b) and (c)” in introductory provisions.
Pub. L. 104–2081996— reenacted section catchline without change and amended text generally, revising and restating as subsecs. (a) to (e) provisions of former subsecs. (a) to (f).
Pub. L. 104–91Pub. L. 104–99Subsec. (b)(5). , as amended by , inserted “until a reorganization plan is confirmed” before semicolon.
Pub. L. 104–91Pub. L. 104–99Subsec. (f)(2). , as amended by , substituted “until a reorganization plan is confirmed;” for period at end.
section 1930 of this titlesection 1931 of this title“This section [amending this section and and enacting and amending provisions set out as notes under ] and the amendments made by this section shall take effect 180 days after the date of enactment of this Act [].”
section 1930 of this titlePub. L. 109–8“This section [amending this section and , 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 [, approved ].”
28 U.S.C. 589a“Notwithstanding any other provision of law or of this Act, the amendments to made by subsection (b) of this section shall take effect upon enactment of this Act [].”
section 589a(b) of title 28“Notwithstanding , 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.”
section 589a(b) of title 28“Notwithstanding , 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.”