Sec. 3. UNITED STATES TRUSTEE SYSTEM FUND; BANKRUPTCY FEES
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## SEC. 3 UNITED STATES TRUSTEE SYSTEM FUND; BANKRUPTCY FEES ###
(a)Deposits of Certain Fees for Fiscal Years 2021 Through 2026 **[**[28 U.S.C. 589a note](/us/usc/t28/s589a)**]** 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 (2), shall be deposited as specified in subsection (b); and ####
(2)$5,400,000 of the fees collected under section 1930(a)(6) of such title shall be deposited in the general fund of the Treasury. ###
(b)United States Trustee System Fund Section 589a of title 28, United States Code, is amended by adding at the end the following: > > ### “(f) > > > ####
(1)> > During each of fiscal years 2021 through 2026 and notwithstanding subsections
(b)and (c), the fees collected under section 1930(a)(6), less the amount specified in paragraph (2), shall be deposited as follows, in the following order: > > > ##### “(A) > > First, the amounts specified in the Department of Justice appropriations for that fiscal year, shall be deposited 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 annually by the Director of the Administrative Office of the United States Courts that are necessary to reimburse the judiciary for the costs of administering payments under section 330(e) of title 11, shall be deposited as mandatory 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 expenditure 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 section 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 notwithstanding subsection (a), shall be available for expenditure without further appropriation. > > > ##### “(D) > > Fourth, any remaining amounts shall be deposited as discretionary offsetting collections 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.” > . ###
(c)Compensation of Officers Section 330 of title 11, United States Code, is amended by adding at the end the following: > > ### “(e) > > > ####
(1)> > There is established a fund in the Treasury of the United States, to be known as the ‘Chapter 7 Trustee Fund’, which shall be administered by the Director of the Administrative Office of the United States Courts. > > > #### “(2) > > Deposits into the Chapter 7 Trustee Fund under section 589a(f)(1)(C) of title 28 shall be available until expended for the purposes described in paragraph (3). > > > #### “(3) > > For fiscal years 2021 through 2026, the Chapter 7 Trustee Fund shall be available to pay the trustee serving in a case that is filed under chapter 7 or a case that is converted to a chapter 7 case in the most recent fiscal year (referred to in this subsection as a ‘chapter 7 case’) the amount described in paragraph
(4)for the chapter 7 case in which the trustee has rendered services in that fiscal year. > > > #### “(4) > > The amount described in this paragraph shall be the lesser of— > > > ##### “(A) > > $60; or > > > ##### “(B) > > a pro rata share, for each chapter 7 case, of the fees collected under section 1930(a)(6) of title 28 and deposited to the United States Trustee System Fund under section 589a(f)(1) of title 28, less the amounts specified in section 589a(f)(1)(A) and
(B)of title 28. > > > #### “(5) > > The payment received by a trustee under paragraph
(3)shall be paid in addition to the amount paid under subsection (b). > > > #### “(6) > > Not later than September 30, 2021, the Director of the Administrative Office of the United States Courts shall promulgate regulations for the administration of this subsection.” > . ###
(d)Bankruptcy Fees Section 1930(a) of title 28, United States Code, is amended— ####
(1)by striking paragraph (6)(B) and inserting the following: > > ##### “(B) > > > ######
(i)> > During the 5-year period beginning on January 1, 2021, in addition to the filing fee paid to the clerk, a quarterly fee shall be paid to the United States trustee, for deposit in the Treasury, in each open and reopened case under chapter 11 of title 11, other than under subchapter V, for each quarter (including any fraction thereof) until the case is closed, converted, or dismissed, whichever occurs first. > > > ###### “(ii) > > The fee shall be the greater of— > > > ###### “(I) > > 0.4 percent of disbursements or $250 for each quarter in which disbursements total less than $1,000,000; and > > > ###### “(II) > > 0.8 percent of disbursements but not more than $250,000 for each quarter in which disbursements total at least $1,000,000. > > > ###### “(iii) > > The fee shall be payable on the last day of the calendar month following the calendar quarter for which the fee is owed.” > ; and ####
(2)in paragraph (7), in the first sentence, by striking “may” and inserting “shall”. ###
(e)Applicability **[**[11 U.S.C. 330 note](/us/usc/t11/s330)**]** ####
(1)In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act. ####
(2)Exceptions #####
(A)Compensation of officers The amendments made by subsection
(c)shall apply to any case filed on or after the date of enactment of this Act— ######
(i)under chapter 7 of title 11, United States Code; or ######
(ii)######
(I)under chapter 11, 12, or 13 of that title; and ######
(II)converted to a chapter 7 case under that title. #####
(B)Bankruptcy fees The amendments made by subsection
(d)shall apply to— ######
(i)any case pending under chapter 11 of title 11, United States Code, on or after the date of enactment of this Act; and ######
(ii)quarterly fees payable under section 1930(a)(6) of title 28, United States Code, as amended by subsection (d), for disbursements made in any calendar quarter that begins on or after the date of enactment of this Act.
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