2022 US Code
Title 28 - Judiciary and Judicial Procedure
Part V - Procedure
Chapter 123 - Fees and Costs
Sec. 1931 - Disposition of filing fees

Download PDF
Citation 28 U.S.C. § 1931 (2022)
Section Name §1931. Disposition of filing fees
Section 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.

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; amended Pub. L. 101–162, title IV, §406(d), Nov. 21, 1989, 103 Stat. 1016; Pub. L. 102–572, title III, §301(b), Oct. 29, 1992, 106 Stat. 4511; Pub. L. 104–317, title IV, §401(b), Oct. 19, 1996, 110 Stat. 3853; Pub. L. 108–447, div. B, title III, §307(b), Dec. 8, 2004, 118 Stat. 2895.)


Editorial Notes EDITORIAL NOTES CODIFICATION

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

AMENDMENTS

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 Dec. 8, 2004, 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 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.

PAYGO OFFSET EXPENDITURE LIMITATION

Pub. L. 112–121, §3(d), May 25, 2012, 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 [May 25, 2012]. 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), Feb. 8, 2006, 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 [Feb. 8, 2006]. 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), Feb. 8, 2006, 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 [Feb. 8, 2006]. 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, 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."

Pub. L. 104–317, title IV, §404, Oct. 19, 1996, 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 [Oct. 19, 1996]."

COLLECTION AND DEPOSIT OF MISCELLANEOUS BANKRUPTCY FEES

Pub. L. 101–162, title IV, §406(b), Nov. 21, 1989, 103 Stat. 1016, as amended by Pub. L. 103–121, title I, §111(a)(3), (b)(4), Oct. 27, 1993, 107 Stat. 1164; Pub. L. 106–113, div. B, §1000(a)(1) [title I, §113], Nov. 29, 1999, 113 Stat. 1535, 1501A–20; Pub. L. 106–518, title II, §209(a), Nov. 13, 2000, 114 Stat. 2415; Pub. L. 109–8, title III, §325(c), Apr. 20, 2005, 119 Stat. 99; Pub. L. 109–13, div. A, title VI, §6058(a), May 11, 2005, 119 Stat. 297; Pub. L. 112–121, §3(c), May 25, 2012, 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 November 21, 1989, 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 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, §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, §1000(a)(1) [title I, §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.]

[Pub. L. 103–121, title I, §111(a), (b), Oct. 27, 1993, 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 Oct. 27, 1993.]

Publication Title United States Code, 2018 Edition, Supplement 4, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART V - PROCEDURE
CHAPTER 123 - FEES AND COSTS
Sec. 1931 - Disposition of filing fees
Contains section 1931
Date 2022
Laws In Effect As Of Date January 5, 2023
Positive Law Yes
Disposition standard
Statutes at Large References 100 Stat. 1783-39, 3341-39
103 Stat. 1016
106 Stat. 4511
107 Stat. 1164
110 Stat. 3853, 3855
113 Stat. 1535
114 Stat. 2411, 2415
118 Stat. 2895
119 Stat. 99, 297
120 Stat. 183, 184
126 Stat. 348
Public Law References Public Law 99-500, Public Law 99-591, Public Law 101-162, Public Law 102-572, Public Law 103-121, Public Law 104-66, Public Law 104-317, Public Law 106-113, Public Law 106-518, Public Law 108-447, Public Law 109-8, Public Law 109-13, Public Law 109-171, Public Law 112-121
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.