S.Amdt. 48Senate109th Congress (2005-2007)

To increase bankruptcy filing fees to pay for the additional duties of United States trustees and the new bankruptcy judges added by this Act.

What it does: Rewrites page 194, line 13 through page 195, line 22
Submitted March 3, 2005

What it changes

1 change to S. 256

Replaces text
  1. Rewrites page 194, line 13 through page 195, line 22

    ReplacesPrinted page

    Removes page 194, line 13 through page 195, line 22 of the printed bill. See that page

    Inserted: SEC. 325. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE.

    Inserted: (a) Actions Under Chapter 7, 11, or 13 of Title 11, United States Code.--Section 1930(a) of title 28, United States Code, is amended--

    Inserted: (1) by striking paragraph (1) and inserting the following:

    Inserted: "(1) For a case commenced under--

    Inserted: "(A) chapter 7 of title 11, $200; and

    Inserted: "(B) chapter 13 of title 11, $150."; and

    Inserted: (2) in paragraph (3), by striking "$800" and inserting "$1000".

    Inserted: (b) United States Trustee System Fund.--Section 589a(b) of title 28, United States Code, is amended--

    Inserted: (1) by striking paragraph (1) and inserting the following:

    Inserted: "(1)(A) 40.63 percent of the fees collected under section 1930(a)(1)(A) of this title; and

    Inserted: "(B) 70.00 percent of the fees collected under section 1930(a)(1)(B);";

    Inserted: (2) in paragraph (2), by striking "one-half" and inserting "75 percent"; and

    Show 6 more inserted paragraphs

    Inserted: (3) in paragraph (4), by striking "one-half" and inserting "100 percent".

    Inserted: (c) Collection and Deposit of Miscellaneous Bankruptcy Fees.--Section 406(b) of the Judiciary Appropriations Act, 1990 (28 U.S.C. 1931 note) is amended by striking "pursuant to 28 U.S.C. section 1930(b)" and all that follows through "28 U.S.C. section 1931" and inserting "under section 1930(b) of title 28, United States Code, 31.25 of the fees collected under section 1930(a)(1)(A) of that title, 30.00 percent of the fees collected under section 1930(a)(1)(B) of that title, and 25 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".

    Inserted: (d) Sunset Date.--The amendments made by subsections (b) and (c) shall be effective during the 2-year period beginning on the date of enactment of this Act.

    Inserted: (e) Use of Increased Receipts.--

    Inserted: (1) Judges' salaries and benefits.--The amount of fees collected under paragraphs (1) and (3) of section 1930(a) of title 28, United States Code, during the 5-year period beginning on the date of enactment of this Act, that is greater than the amount that would have been collected if the amendments made by subsection (a) had not taken effect shall be used, to the extent necessary, to pay the salaries and benefits of the judges appointed pursuant to section 1223 of this Act.

    Inserted: (2) Remainder.--Any amount described in paragraph (1), which is not used for the purpose described in paragraph (1), shall be deposited into the Treasury of the United States to the extent necessary to offset the decrease in governmental receipts resulting from the amendments made by subsections (b) and (c).

    Original wording

    On page 194, strike line 13 and all that follows through page 195, line 22, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 48. Mr. SPECTER proposed an amendment to the bill S. 256, to amend title 11 of the United States Code, and for other purposes; as follows:

On page 194, strike line 13 and all that follows through page 195, line 22, and insert the following:

SEC. 325. UNITED STATES TRUSTEE PROGRAM FILING FEE INCREASE.

(a) Actions Under Chapter 7, 11, or 13 of Title 11, United States Code.--Section 1930(a) of title 28, United States Code, is amended--

(1) by striking paragraph (1) and inserting the following:

“(1) For a case commenced under--

“(A) chapter 7 of title 11, $200; and

“(B) chapter 13 of title 11, $150.”; and

(2) in paragraph (3), by striking “$800” and inserting “$1000”.

(b) United States Trustee System Fund.--Section 589a(b) of title 28, United States Code, is amended--

(1) by striking paragraph (1) and inserting the following:

“(1)(A) 40.63 percent of the fees collected under section 1930(a)(1)(A) of this title; and

“(B) 70.00 percent of the fees collected under section 1930(a)(1)(B);”;

(2) in paragraph (2), by striking “one-half” and inserting “75 percent”; and

(3) in paragraph (4), by striking “one-half” and inserting “100 percent”.

(c) Collection and Deposit of Miscellaneous Bankruptcy Fees.--Section 406(b) of the Judiciary Appropriations Act, 1990 (28 U.S.C. 1931 note) is amended by striking “pursuant to 28 U.S.C. section 1930(b)” and all that follows through “28 U.S.C. section 1931” and inserting “under section 1930(b) of title 28, United States Code, 31.25 of the fees collected under section 1930(a)(1)(A) of that title, 30.00 percent of the fees collected under section 1930(a)(1)(B) of that title, and 25 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”.

(d) Sunset Date.--The amendments made by subsections (b) and (c) shall be effective during the 2-year period beginning on the date of enactment of this Act.

(e) Use of Increased Receipts.--

(1) Judges' salaries and benefits.--The amount of fees collected under paragraphs (1) and (3) of section 1930(a) of title 28, United States Code, during the 5-year period beginning on the date of enactment of this Act, that is greater than the amount that would have been collected if the amendments made by subsection (a) had not taken effect shall be used, to the extent necessary, to pay the salaries and benefits of the judges appointed pursuant to section 1223 of this Act.

(2) Remainder.--Any amount described in paragraph (1), which is not used for the purpose described in paragraph (1), shall be deposited into the Treasury of the United States to the extent necessary to offset the decrease in governmental receipts resulting from the amendments made by subsections (b) and (c).

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Senate amendment submitted

March 3, 2005

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Senate amendment submitted

March 3, 2005

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Senate amendment agreed to: Amendment SA 48 agreed to in Senate by Unanimous Consent.

March 3, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 48 proposed by Senator Specter.

March 3, 2005

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Amendment SA 48 proposed by Senator Specter. (consideration: CR S1985, S1994; text: CR S1985) To increase bankruptcy filing fees to pay for the additional duties of United States trustees and the new bankruptcy judges added by this Act.

March 3, 2005

Floor

Amendment SA 48 agreed to in Senate by Unanimous Consent.

March 3, 2005