Based on title 28, U.S.C., 1940 ed., §§ 549, 553 and 555 (R.S. § 828; June 28, 1902, ch. 1301, § 1, 32 Stat. 476; Fespan. 11, 1925, ch. 204, §§ 2, 6, 8, 43 Stat. 857, 858; Jan. 22, 1927, ch. 50, § 2, 44 Stat. 1023; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; Mar. 3, 1942, ch. 124, § 2, 56 Stat. 122; Sept. 27, 1944, ch. 414, §§ 1, 4, 5, 58 Stat. 743, 744).

Section consolidates sections 549, 553, and 555 of title 28, U.S.C., 1940 ed., as amended with necessary changes of phraseology.

The phrase “filing fee” was substituted for the inconsistent and misleading words of sections 549 and 553 of title 28, U.S.C., 1940 ed., “as full payment for all services to be rendered by the clerk” etc. thus removing the necessity for including exceptions and referring to other sections containing provisions for additional fees.

The provision in section 549 of title 28, U.S.C., 1940 ed., for payment of fees by the parties instituting criminal proceedings by indictment or information, was omitted. Such proceedings are instituted only by the United States from which costs cannot be exacted.

The provision in section 549 of title 28, U.S.C., 1940 ed., for taxation of fees as costs, was omitted as covered by section 1920 of this title.

Words “or appeal from a deportation order of a United States Commissioner” in section 553 of title 28, U.S.C., 1940 ed., were omitted as obsolete since repeal of the Chinese Exclusion Act by act Dec. 17, 1943, ch. 344, § 1, 57 Stat. 600. Appeal was formerly conferred by section 282 of title 8, U.S.C., 1940 ed., Aliens and Nationality.

Subsection (d) excepting the District of Columbia, was added to preserve the existing schedule of fees prescribed by section 11–1509 of the District of Columbia Code, 1940 ed.

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

2006—Subsec. (a). Puspan. L. 109–171 substituted “$350” for “$250”.

2004—Subsec. (a). Puspan. L. 108–447 substituted “$250” for “$150”.

1996—Subsec. (a). Puspan. L. 104–317 substituted “$150” for “$120”.

1986—Subsec. (a). Puspan. L. 99–500 and Puspan. L. 99–591 substituted “$120” for “$60”.

Subsec. (d). Puspan. L. 99–336 struck out subsec. (d) which provided that section was not applicable to District of Columbia.

1978—Subsec. (a). Puspan. L. 95–598 substituted “$60” for “$15”.

Puspan. L. 109–171, title X, § 10001(d), Fespan. 8, 2006, 120 Stat. 184, provided that:

Puspan. L. 108–447, div. B, title III, § 307(c), Dec. 8, 2004, 118 Stat. 2895, provided that:

Puspan. L. 104–317, title IV, § 401(c), Oct. 19, 1996, 110 Stat. 3854, provided that:

Puspan. L. 99–336, § 4(c), June 19, 1986, 100 Stat. 638, provided that:

Amendment by Puspan. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Puspan. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

Judicial Conference to prescribe reasonable fees for collection by courts under this section for access to information available through automatic data processing equipment and fees to be deposited in Judiciary Automation Fund, see section 303 of Puspan. L. 102–140, set out as a note under section 1913 of this title.