28 U.S.C. § 589a — United States Trustee System Fund

Page 252 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 587 ‘‘(B) establish a method of randomly selecting cases to be audited, except that not less than 1 out of every 250 cases in each Federal judicial district shall be se- lected for audit; ‘‘(C) require audits of schedules of income and ex- penses that reflect greater than average variances from the statistical norm of the district in which the schedules were filed if those variances occur by rea- son of higher income or higher expenses than the sta- tistical norm of the district in which the schedules were filed; and ‘‘(D) establish procedures for providing, not less fre- quently than annually, public information con- cerning the aggregate results of such audits including the percentage of cases, by district, in which a mate- rial misstatement of income or expenditures is re- ported.’’ APPLICATION TO ALL STANDING TRUSTEES Pub. L. 101–509, title V, § 529 [title I, § 110(b)], Nov. 5, 1990, 104 Stat. 1427, 1452, provided that: ‘‘The amend- ment made by subsection (a) [amending this section] shall apply to any trustee to whom the provisions of section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99–54 [Pub. L. 99–554]; 100 Stat. 3121) [set out in an Effective Date of 1986 Amendment note under section 581 of this title] apply.’’ § 587. Salaries Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual sala- ries of United States trustees and assistant United States trustees at rates of compensation not in excess of the rate of basic compensation provided for Executive Level IV of the Executive Schedule set forth in section 5315 of title 5, United States Code. (Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2664; amended Pub. L. 99–554, title I, § 114(a), Oct. 27, 1986, 100 Stat. 3093.) Editorial Notes CODIFICATION Section 408(c) of Pub. L. 95–598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99–554. See note set out preceding section 581 of this title. AMENDMENTS 1986—Pub. L. 99–554 amended section generally. Prior to amendment, section read as follows: ‘‘The Attorney General shall fix the annual salaries of United States trustees and assistant United States trustees at rates of compensation not to exceed the lowest annual rate of basic pay in effect for grade GS–16 of the General Schedule prescribed under section 5332 of title 5.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–554 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. § 588. Expenses Necessary office expenses of the United States trustee shall be allowed when authorized by the Attorney General. (Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2664.) Editorial Notes CODIFICATION Section 408(c) of Pub. L. 95–598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99–554. See note set out preceding section 581 of this title. § 589. Staff and other employees The United States trustee may employ staff and other employees on approval of the Attor- ney General. (Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2664.) Editorial Notes CODIFICATION Section 408(c) of Pub. L. 95–598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99–554. See note set out preceding section 581 of this title. Statutory Notes and Related Subsidiaries TEMPORARY SUSPENSION OF LIMITATION ON APPOINTMENTS Pub. L. 99–554, title I, § 114(b), Oct. 27, 1986, 100 Stat. 3093, provided that: ‘‘During the period beginning on the effective date of this Act [see section 302 of Pub. L. 99–554, set out in an Effective Date of 1986 Amendment; Transition and Administrative Provisions note under section 581 of this title] and ending on October 1, 1989, the provisions of title 5 of the United States Code gov- erning appointments in the competitive service shall not apply with respect to appointments under section 589 of title 28, United States Code.’’ § 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 lim- itation 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 miscella- neous 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 ex- pended, the following— (1)(A) 40.46 percent of the fees collected under section 1930(a)(1)(A); and Page 253 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 589a 1 See Deposits of Fees Under Section 1930(a)(6) of This Title for Certain Fiscal Years note below. (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 sec- tion 1930(a)(4) of this title; (4) one-half of the fees collected under sec- tion 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 cur- rently needed for the purposes specified in sub- sections (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 de- posited 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 de- posited 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 annu- ally by the Director of the Administrative Of- fice of the United States Courts that are nec- essary to reimburse the judiciary for the costs of administering payments under section 330(e) of title 11, shall be deposited as manda- tory 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 expendi- ture 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 sec- tion 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 not- withstanding subsection (a), shall be available for expenditure without further appropriation. (D) Fourth, any remaining amounts shall be deposited as discretionary offsetting collec- tions 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, 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, title III, § 325(b), Apr. 20, 2005, 119 Stat. 99; Pub. L. 109–13, div. A, title VI, § 6058(a), May 11, 2005, 119 Stat. 297; Pub. L. 110–161, div. B, title II, § 212(a), Dec. 26, 2007, 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 CODIFICATION Amendment by Pub. L. 104–91 is based on section 111(b) and (c) of H.R. 2076, One Hundred Fourth Con- gress, as passed by the House of Representatives on Dec. 6, 1995, which was enacted into law by Pub. L. 104–91. AMENDMENTS 2022—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 in- troductory 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 con- firmed’’ before semicolon. Page 254 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 589b Subsec. (f)(2). Pub. L. 104–91, as amended by Pub. L. 104–99, substituted ‘‘until a reorganization plan is con- firmed;’’ 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), sub- stituted ‘‘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), sub- stituted ‘‘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 en- acted on October 1, 2021.’’ EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–121, § 3(e), May 25, 2012, 126 Stat. 349, pro- vided 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, div. A, title VI, § 6058(b), May 11, 2005, 119 Stat. 297, provided that: ‘‘This section [amending this section and section 1930 of this title, enacting pro- visions set out as a note under this section, and amend- ing 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 Preven- tion and Consumer Protection Act of 2005 [Pub. L. 109–8, approved Apr. 20, 2005].’’ Pub. L. 109–8, title III, § 325(d), Apr. 20, 2005, 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, div. A, title VI, § 6058(a), May 11, 2005, 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 sub- section (b) of this section shall take effect upon enact- ment of this Act [Sept. 30, 1996].’’ EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–121, title I, § 111(a), Oct. 27, 1993, 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, title I, § 111(b), Oct. 27, 1993, 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, title I, § 111, Oct. 28, 1991, 105 Stat. 795, 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 sec- tion 302(a) of Pub. L. 99–554, set out as a note under sec- tion 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, pro- vided 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 gen- eral fund of the Treasury.’’ Pub. L. 115–72, div. B, § 1004(b), Oct. 26, 2017, 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 Trust- ee 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 gen- eral fund of the Treasury.’’ § 589b. Bankruptcy data (a) RULES.—The Attorney General shall, with- in a reasonable time after the effective date of this section, issue rules requiring uniform forms for (and from time to time thereafter to appro- priately modify and approve)— (1) final reports by trustees in cases under subchapter V of chapter 11 and chapters 7, 12, and 13 of title 11; and (2) periodic reports by debtors in possession or trustees in cases under chapter 11 of title 11. (b) REPORTS.—Each report referred to in sub- section (a) shall be designed (and the require- ments as to place and manner of filing shall be established) so as to facilitate compilation of data and maximum possible access of the public, both by physical inspection at one or more cen- tral filing locations, and by electronic access through the Internet or other appropriate media. (c) REQUIRED INFORMATION.—The information required to be filed in the reports referred to in subsection (b) shall be that which is in the best interests of debtors and creditors, and in the public interest in reasonable and adequate infor- mation to evaluate the efficiency and practi- cality of the Federal bankruptcy system. In issuing rules proposing the forms referred to in subsection (a), the Attorney General shall strike the best achievable practical balance between— (1) the reasonable needs of the public for in- formation about the operational results of the Federal bankruptcy system; (2) economy, simplicity, and lack of undue burden on persons with a duty to file reports; and (3) appropriate privacy concerns and safe- guards. (d) FINAL REPORTS.—The uniform forms for final reports required under subsection (a) for