28 USC 589a - United States Trustee System Fund

U.S Code last checked for updates: Nov 22, 2024

§ 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

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

(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.

(Added Pub. L. 99–554, title I, § 115(a), Oct. 27, 1986, 100 Stat. 3094; amended Pub. L. 101–162, title IV, § 406(c), Nov. 21, 1989, 103 Stat. 1016; Pub. L. 102–140, title I, § 111(b), (c), Oct. 28, 1991, 105 Stat. 795; Pub. L. 103–121, title I, § 111(a)(2), (b)(2), (3), Oct. 27, 1993, 107 Stat. 1164; Pub. L. 104–91, title I, § 101(a), Jan. 6, 1996, 110 Stat. 11, amended Pub. L. 104–99, title II, § 211, Jan. 26, 1996,

cite as: 28 USC 589a