§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) There shall be deposited in the Fund-

(1) 23.08 per centum of the fees collected under section 1930(a)(1) of this title;

(2) 37.5 per centum 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); ¹

(5) 60 per centum of the fees collected under section 1930(a)(6) of this title;

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

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

(c)(1) Except as provided in paragraph (2), amounts in the Fund which are not currently needed for the purposes specified in subsection (a) shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.

(2) On November 1, 1989, and on November 1 of each year thereafter, the Secretary of the Treasury shall transfer into the general fund of the Treasury the amount, if any, in the Fund that exceeds 110 percent of-

(A) the amount appropriated for the entire current fiscal year for the purposes specified in subsection (a), or

(B) if no appropriation has been made for the entire current fiscal year, the annual equivalent of the aggregate amount appropriated to date for the current fiscal year for the purposes specified in subsection (a).

(d)(1) 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 the expenditures made under this section.

(2) If for each fiscal year in any period of 2 successive fiscal years-

(A) the aggregate amount deposited under subsection (b) in the Fund exceeds 110 percent of expenditures for the purposes specified in subsection (a), or

(B) the costs incurred for the purposes specified in subsection (a) exceed the aggregate amount deposited under subsection (b) in the Fund,

then the Attorney General shall include in such report a recommendation regarding the manner in which the fees payable under section 1930(a) of title 28, United States Code, may be modified to cause the annual amount deposited in the Fund to more closely approximate the annual amount expended from the Fund.

(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) 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) 12.5 per centum of the fees collected under section 1930(a)(3) of this title;

(2) 40 per centum of the fees collected under section 1930(a)(6) of this title.

(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 .)

Amendments

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".

Effective Date of 1993 Amendment

Section 111(a) of Pub. L. 103–121 provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993.

Section 111(b) of Pub. L. 103–121 provided in part that the amendment made by that section is effective 30 days after Oct. 27, 1993.

Effective Date of 1991 Amendment

Section 111 of Pub. L. 102–140 provided that the amendment made by that section is effective 60 days after Oct. 28, 1991.

Effective Date

Section 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.

Section Referred to in Other Sections

This section is referred to in title 11 section 330.

¹ So in original. Words "of this title" probably should precede the semicolon.