§ 1931. — Disposition of filing fees.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC1931]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 123--FEES AND COSTS
Sec. 1931. Disposition of filing fees
(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, $90 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 $150, the entire fee or amount, up to $90, shall be
deposited into the special fund provided in this section.
(Added Pub. L. 99-500, Sec. 101(b) [title IV, Sec. 407(c)], Oct. 18,
1986, 100 Stat. 1783-39, 1783-64, and Pub. L. 99-591, Sec. 101(b) [title
IV, Sec. 407(c)], Oct. 30, 1986, 100 Stat. 3341-39, 3341-64; amended
Pub. L. 101-162, title IV, Sec. 406(d), Nov. 21, 1989, 103 Stat. 1016;
Pub. L. 102-572, title III, Sec. 301(b), Oct. 29, 1992, 106 Stat. 4511;
Pub. L. 104-317, title IV, Sec. 401(b), Oct. 19, 1996, 110 Stat. 3853.)
Codification
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Amendments
1996--Subsec. (a). Pub. L. 104-317, Sec. 401(b)(1), substituted
``$90'' for ``$60''.
Subsec. (b). Pub. L. 104-317, Sec. 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.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-317 effective 60 days after Oct. 19, 1996,
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 Jan. 1, 1993, see section
1101(a) of Pub. L. 102-572, set out as a note under section 905 of Title
2, The Congress.
Disposition of Fees
Pub. L. 106-518, title I, Sec. 102, Nov. 13, 2000, 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 September 30, 2000, shall be
deposited into the special fund of the Treasury established under
section 1931 of title 28, United States Code.''
Section 404 of Pub. L. 104-317 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 [Oct. 19, 1996].''
Collection and Deposit of Miscellaneous Bankruptcy Fees
Section 406(b) of Pub. L. 101-162, as amended by Pub. L. 103-121,
title I, Sec. 111(a)(3), (b)(4), Oct. 27, 1993, 107 Stat. 1164; Pub. L.
106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 113], Nov. 29, 1999, 113
Stat. 1535, 1501A-20; Pub. L. 106-518, title II, Sec. 209(a), Nov. 13,
2000, 114 Stat. 2415, 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 November 21, 1989, of the bankruptcy miscellaneous fee schedule
prescribed by the Judicial Conference of the United States pursuant to
28 U.S.C. section 1930(b) and 33.87 percent of the fees hereafter
collected under 28 U.S.C. section 1930(a)(1) and 25 percent of the fees
hereafter collected under 28 U.S.C. section 1930(a)(3) shall be
deposited as offsetting receipts to the fund established under 28 U.S.C.
section 1931 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 May 15, 2000, 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, Sec. 209(b), Nov. 13, 2000, 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 [Nov.
13, 2000].'']
[Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 113], Nov.
29, 1999, 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 Nov. 29, 1999.]
[Section 111(a), (b) of Pub. L. 103-121 provided in part that the
amendments to section 406(b) of Pub. L. 101-162, set out above, are
effective 30 days after Oct. 27, 1993.]
Section Referred to in Other Sections
This section is referred to in sections 604, 1827, 1930 of this
title.
