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119th Congress

Title 28 — Judiciary and Judicial Procedure

Part V · Chapter 123 — Fees and Costs

§ 1931. Disposition of filing fees

Statutory text

(a)

Of the amounts paid to the clerk of court as a fee under section 1914(a) or as part of a judgment for costs under section 2412(a)(2) of this title, $190 shall be deposited into a special fund of the Treasury to be available to offset funds appropriated for the operation and maintenance of the courts of the United States.

(b)

If the court authorizes a fee under section 1914(a) or an amount included in a judgment for costs under section 2412(a)(2) of this title of less than $250, the entire fee or amount, up to $190, shall be deposited into the special fund provided in this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 99–500 § 101(b)(tIV)(s407)(c) · 100 Stat. 1783-39

    Enacted · 28 U.S.C. § 1931

    Added Pub. L. 99–500, § 101(b) [title IV, § 407(c)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–64, and Pub. L. 99–591, § 101(b) [title IV, § 407(c)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–64

    Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

    Source evidence

    Code source credit
    Added Pub. L. 99–500, § 101(b) [title IV, § 407(c)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–64, and Pub. L. 99–591, § 101(b) [title IV, § 407(c)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–64

  2. The Judiciary Appropriations Act, 1990

    Pub. L. 101–162 title IV § 406(d) · 103 Stat. 988

    Struck · 28 U.S.C. § 1931

    Pub. L. 101–162, which directed that “as provided in annual appropriation acts” be struck out before colon, was executed by striking out “as provided in annual appropriation Acts” before colon as probable intent of Congress

    Source evidence

    Code amendment note
    Pub. L. 101–162, which directed that “as provided in annual appropriation acts” be struck out before colon, was executed by striking out “as provided in annual appropriation Acts” before colon as probable intent of Congress.

    Enacted provision · exact public law section
    (d) Section 1931 of title 28, United States Code, is amended by striking out the following before the colon “as provided in annual appropriation acts”. This title may be cited as “The Judiciary Appropriations Act, 1990”.

  3. Federal Courts Administration Act of 1992

    Pub. L. 102–572 title III § 301(b) · 106 Stat. 4506

    Substituted · 28 U.S.C. § 1931

    Pub. L. 102–572 substituted present provisions for former provisions which read as follows:

    Source evidence

    Code amendment note
    Pub. L. 102–572 substituted present provisions for former provisions which read as follows:

    “The following portion of moneys paid to the clerk of court as filing fees under this chapter shall be deposited into a special fund of the Treasury to be available to offset funds appropriated for the operation and maintenance of the courts of the United States: “Under section 1914(a), $60.”

    Enacted provision · exact public law section
    (b) Disposition of Filing Fees.— Section 1931 of title 28, United States Code, is amended by striking “The following” and all that follows through the end and inserting the following: “(a) Of the amounts paid to the clerk of court as a fee under section 1914(a) or as part of a judgment for costs under section 2412(a)(2) of this title, $60 shall be deposited into a special fund of the Treasury to be available to offset funds appropriated for the operation and maintenance of the courts of the United States. “(b) If the court authorizes a fee under section 1914(a) or an amount included in a judgment for costs under section 2412(a)(2) of this title of less than $120, the entire fee or amount, up to $60, shall be deposited into the special fund provided in this section”.

  4. Pub. L. 104–317 § 401(b)(1) · 110 Stat. 3847

    Substituted · 28 U.S.C. § 1931(a)

    Pub. L. 104–317, § 401(b)(1), substituted “$90” for “$60”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–317, § 401(b)(1), substituted “$90” for “$60”.

    Enacted provision · exact public law section
    (1) in subsection (a) by striking out “$60” and inserting in lieu thereof “$90”; and

  5. Pub. L. 104–317 § 401(b)(2) · 110 Stat. 3847

    1. Substituted · 28 U.S.C. § 1931(b)

      Pub. L. 104–317, § 401(b)(2), substituted “$150” for “$120”

    2. Substituted · 28 U.S.C. § 1931(b)

      Pub. L. 104–317, § 401(b)(2), substituted “$90” for “$60”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–317, § 401(b)(2), substituted “$150” for “$120” and “$90” for “$60”.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by striking out “$120” and inserting in lieu thereof “$150”; and (B) by striking out “$60” and inserting in lieu thereof “$90”.

  6. Judiciary Appropriations Act, 2005

    Pub. L. 108–447 § 307(b)(1) · 118 Stat. 2809

    Substituted · 28 U.S.C. § 1931(a)

    Pub. L. 108–447, § 307(b)(1), substituted “$190” for “$90”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–447, § 307(b)(1), substituted “$190” for “$90”.

    Enacted provision · exact public law section
    (1) in subsection (a) by striking “$90” and inserting “$190”; and

    Effective date note
    Amendment by Pub. L. 108–447 effective 60 days after Dec. 8, 2004, see section 307(c) of Pub. L. 108–447, set out as a note under section 1914 of this title.

  7. Judiciary Appropriations Act, 2005

    Pub. L. 108–447 § 307(b)(2) · 118 Stat. 2809

    1. Substituted · 28 U.S.C. § 1931(b)

      Pub. L. 108–447, § 307(b)(2), substituted “$250” for “$150”

    2. Substituted · 28 U.S.C. § 1931(b)

      Pub. L. 108–447, § 307(b)(2), substituted “$190” for “$90”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–447, § 307(b)(2), substituted “$250” for “$150” and “$190” for “$90”.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by striking “$150” and inserting “$250”; and (B) by striking “$90” and inserting “$190”.

    Effective date note
    Amendment by Pub. L. 108–447 effective 60 days after Dec. 8, 2004, see section 307(c) of Pub. L. 108–447, set out as a note under section 1914 of this title.

8 of 9 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments1989–2004 · 4 rounds

2004

Subsec. (a). Pub. L. 108–447, § 307(b)(1), substituted “$190” for “$90”.

Subsec. (b). Pub. L. 108–447, § 307(b)(2), substituted “$250” for “$150” and “$190” for “$90”.

1996

Subsec. (a). Pub. L. 104–317, § 401(b)(1), substituted “$90” for “$60”.

Subsec. (b). Pub. L. 104–317, § 401(b)(2), substituted “$150” for “$120” and “$90” for “$60”.

1992

Pub. L. 102–572 substituted present provisions for former provisions which read as follows:

“The following portion of moneys paid to the clerk of court as filing fees under this chapter shall be deposited into a special fund of the Treasury to be available to offset funds appropriated for the operation and maintenance of the courts of the United States:

“Under section 1914(a), $60.”

1989

Pub. L. 101–162, which directed that “as provided in annual appropriation acts” be struck out before colon, was executed by striking out “as provided in annual appropriation Acts” before colon as probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–447 effective 60 days after , see section 307(c) of Pub. L. 108–447, set out as a note under section 1914 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–317 effective 60 days after , see section 401(c) of Pub. L. 104–317, set out as a note under section 1914 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective , see section 1101(a) of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress.

Paygo Offset Expenditure Limitation

Pub. L. 112–121, § 3(d), , 126 Stat. 348, provided that: “$42 of the incremental amounts collected by reason of the enactment of subsection (a) [amending section 1930 of this title] shall be deposited in a special fund in the Treasury to be established after the date of enactment of this Act []. Such amounts shall be available for the purposes specified in section 1931(a) of title 28, United States Code, but only to the extent specifically appropriated by an Act of Congress enacted after the date of enactment of this Act.”

Expenditure Limitation

Pub. L. 109–171, title X, § 10001(c), , 120 Stat. 183, provided that: “Incremental amounts collected by reason of the enactment of this section [amending section 1914 of this title and enacting provisions set out as notes under sections 1913 and 1914 of this title] shall be deposited in a special fund in the Treasury to be established after the enactment of this Act []. Such amounts shall be available for the purposes specified in section 1931(a) of title 28, United States Code, but only to the extent specifically appropriated by an Act of Congress enacted after the enactment of this Act.”

Pub. L. 109–171, title X, § 10101(b), , 120 Stat. 184, provided that: “Incremental amounts collected by reason of the amendments made by subsection (a) [amending section 1930 of this title] shall be deposited in a special fund in the Treasury to be established after the enactment of this Act []. Such amounts shall be available for the purposes specified in section 1931(a) of title 28, United States Code, but only to the extent specifically appropriated by an Act of Congress enacted after the enactment of this Act.”

Disposition of Fees

Pub. L. 106–518, title I, § 102, , 114 Stat. 2411, provided that: “For fiscal year 2001 and each fiscal year thereafter, any portion of miscellaneous fees collected as prescribed by the Judicial Conference of the United States under sections 1913, 1914(b), 1926(a), 1930(b), and 1932 of title 28, United States Code, exceeding the amount of such fees in effect on , shall be deposited into the special fund of the Treasury established under section 1931 of title 28, United States Code.”

Pub. L. 104–317, title IV, § 404, , 110 Stat. 3855, provided that:

“(a)

Disposition of Attorney Admission Fees.—

For each fee collected for admission of an attorney to practice, as prescribed by the Judicial Conference of the United States pursuant to section 1914 of title 28, United States Code, $30 of that portion of the fee exceeding $20 shall be deposited into the special fund of the Treasury established under section 1931 of title 28, United States Code. Any portion exceeding $5 of the fee for a duplicate certificate of admission or certificate of good standing, as prescribed by the Judicial Conference of the United States pursuant to section 1914 of title 28, United States Code, shall be deposited into the special fund of the Treasury established under section 1931 of title 28, United States Code.

“(b)

Disposition of Bankruptcy Complaint Filing Fees.—

For each fee collected for filing an adversary complaint in a bankruptcy proceeding, as established in Item 6 of the Bankruptcy Court Miscellaneous Fee Schedule prescribed by the Judicial Conference of the United States pursuant to section 1930(b) of title 28, United States Code, the portion of the fee exceeding $120 shall be deposited into the special fund of the Treasury established under section 1931 of title 28, United States Code.

“(c)

Effective Date.—

This section shall take effect 60 days after the date of the enactment of this Act [].”

Collection and Deposit of Miscellaneous Bankruptcy Fees

Pub. L. 101–162, title IV, § 406(b), , 103 Stat. 1016, as amended by Pub. L. 103–121, title I, § 111(a)(3), (b)(4), , 107 Stat. 1164; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 113], , 113 Stat. 1535, 1501A–20; Pub. L. 106–518, title II, § 209(a), , 114 Stat. 2415; Pub. L. 109–8, title III, § 325(c), , 119 Stat. 99; Pub. L. 109–13, div. A, title VI, § 6058(a), , 119 Stat. 297; Pub. L. 112–121, § 3(c), , 126 Stat. 348, provided that: “All fees as shall be hereafter collected for any service not of a kind described in any of the items enumerated as items 1 through 7 and as items 9 through 18, as in effect on , of the bankruptcy miscellaneous fee schedule prescribed by the Judicial Conference of the United States under section 1930(b) of title 28, United States Code, 28.87 percent of the fees collected under section 1930(a)(1)(A) of that title, 35.00 percent of the fees collected under section 1930(a)(1)(B) of that title, and 33.33 percent of the fees collected under section 1930(a)(3) of that title shall be deposited as offsetting receipts to the fund established under section 1931 of that title and shall remain available to the Judiciary until expended to reimburse any appropriation for the amount paid out of such appropriation for expenses of the Courts of Appeals, District Courts, and other Judicial Services and the Administrative Office of the United States Courts. The Judicial Conference shall report to the Committees on Appropriations of the House of Representatives and the Senate on a quarterly basis beginning on the first day of each fiscal year regarding the sums deposited in said fund.”

[For termination, effective , of provisions relating to a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate in section 406(b) of Pub. L. 101–162, as amended, set out above, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 12 of House Document No. 103–7.]

[Pub. L. 106–518, title II, § 209(b), , 114 Stat. 2415, provided that: “The amendment made by subsection (a) [amending section 406(b) of Pub. L. 101–162, set out above] shall not apply with respect to fees collected before the date of enactment of this Act [].” ]

[Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 113], , 113 Stat. 1535, 1501A–20, provided that the amendment to section 406(b) of Pub. L. 101–162, set out above, is effective 30 days after .]

[Pub. L. 103–121, title I, § 111(a), (b), , 107 Stat. 1164, provided in part that the amendments to section 406(b) of Pub. L. 101–162, set out above, are effective 30 days after .]

Credits

1986–2004 · 5 acts
  1. 1986Added Pub. L. 99–500, § 101(b) [title IV, § 407(c)], , 100 Stat. 1783–39, 1783–64, and Pub. L. 99–591, § 101(b) [title IV, § 407(c)], , 100 Stat. 3341–39, 3341–64
  2. 1989amended Pub. L. 101–162, title IV, § 406(d), , 103 Stat. 1016
  3. 1992Pub. L. 102–572, title III, § 301(b), , 106 Stat. 4511
  4. 1996Pub. L. 104–317, title IV, § 401(b), , 110 Stat. 3853
  5. 2004Pub. L. 108–447, div. B, title III, § 307(b), , 118 Stat. 2895.
Show as published

(Added Pub. L. 99–500, § 101(b) [title IV, § 407(c)], , 100 Stat. 1783–39, 1783–64, and Pub. L. 99–591, § 101(b) [title IV, § 407(c)], , 100 Stat. 3341–39, 3341–64; amended Pub. L. 101–162, title IV, § 406(d), , 103 Stat. 1016; Pub. L. 102–572, title III, § 301(b), , 106 Stat. 4511; Pub. L. 104–317, title IV, § 401(b), , 110 Stat. 3853; Pub. L. 108–447, div. B, title III, § 307(b), , 118 Stat. 2895.)

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USLM identifier /us/usc/t28/s1931