An Act to amend the Bankruptcy Act so as to consolidate the referees salary and expense funds
PL 86-110 (H.R.4693), enacted 07/28/1959

73 S T A T . ] 
PUBLIC LAW 86-1 1 0 - J U L Y 28, 1959 
259 
Public Law 86-110 
AN ACT 
Tyiy 28, 1959 
To amend the Bankruptcy Act so as to consolidate the referees' salary and 
TH. R. 4693] 
expense funds. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That (a) the title 
Re'f'^*i-*es''\''x-
of section 40 of the Bankruptcy Act (11 U.S.C. 68) is amended to pens\fundr^ 
read as follows: 
^° ^«*- ^^e. 
''§ 40. Compensation of Referees; Referees' Salary and Expense 
Fund; Retirement of Referees', 
(b) Subdivision c.(l) of such section is amended to read as follows: 
"c.(l) Except as otherwise provided in this Act, there shall be 
deposited with the clerk, at the time the petition is filed in each case, 
and at the time an ancillary proceeding is instituted, $32 for each 
estate for the referees' salary and expense fund, as herein below 
established: Provided, 
hoicever, That in cases of voluntary bank-
ruptcy such fee, as well as the filing; fees of the clerk and trustee, may 
be paid in installments, if so authorized by General Order of the 
Supreme Court of the United States." 
(c) Subdivision c. (2) of such section is amended to read as follows: 
"(2) Additional fees for the referees' salary and expense fund shall 
be charged, in accordance with the schedule fixed by the conference (a) 
against each estate wholly or partially liquidated in a bankruptcy 
proceeding, and be computed upon the net proceeds realized; (b) 
against each case in an arrangement confirmed under chapter XI of 
this Act, and be computed upon the amount to be paid to the unsecured 
creditors upon confirmation of the arrangement and thereafter, pur-
suant to the terms of the arrangement, and where under the arrange-
ment any part of the consideration to be distributed is other than 
money, upon the amount of the fair value of such consideration; and 
(c) against each case in a wage earner plan confirmed under chapter 
X I I I of this Act, and be computed upon the payments actually made 
^
^
i ^^s'c^^/oo i-
by or for a debtor under the plan. 
Such schedule of fees may be lose. 
revised by the Director, with the approval of the conference, not more 
than once during each calendar year, so that the total amount of fees, 
allowances, and charges collected and to be collected from all sources 
fcr the referees' salary and expense fund will, as near as may be equal 
the total amount of salaries paid and to be paid to referees in active 
service, and the total amount of their expenses: Provided, 
however, 
That such schedule of fees shall not be so revised for any year that 
the total collections estimated by the Director for such year shall 
exceed by more than 10 per centum the total collections in the pre-
ceding year. The Director, with the approval of the conference, may 
make, and from time to time amend, rules and regulations prescribing 
methods for determining net proceeds realized in asset cases, fair 
values of considerations, other than money, distributable in arrange-
ment cases, and payments actually made by or for a debtor under the 
plan in wage earner cases; prescribing the procedure for collection by 
tlie clerk of fees and allowances for the referees' salary and expense 
fund; and providing for the effective administration of the provisions 
of this paragraph (2)." 
(d) Subdivision c. (4) of such section is amended to read as follows: 
"(4) A referees' salary and expense fund shall be established in 
the Treasury of the United States, and the amounts of the various 
fees and allowances collected by the clerks for the services of referees, 
and for their expenses, including the fees, allowances and charges 
for their services and expenses as conciliation commissioners and as 
52 Stat. 906. 
11 u s e 701-799. 
260 
PUBLIC LAW 86-110-JULY 28, 1959 
[73 S T A T , 
60 Stat. 325. 
11 u s e 65. 
60 Stat. 329. 
Clerks, duties. 
11 u s e 68. 
11 u s e 79. 
Debts, priority. 
44 Stat. 666. 
36 Stat. 842. 
L im i t at ion of 
compensation. 
47 Stat. 1470. 
11 u s e 203. 
special masters under this Act, shall be covered into the Treasury of 
the United States for the account of such salary and expense fund. 
The salaries of the referees in active service and the expenses of the 
referees, including the salaries of their clerical assistants, shall be paid 
out of annual appropriations from such salary and expense fund by the 
United States. Any deficiencies of such salary and expense fund 
shall be paid out of any funds in the Treasury of the United States 
not otherwise appropriated, and appropriations to pay such deficien-
cies are hereby authorized: Provided^ however^ That there shall be 
covered into miscellaneous receipts of the Treasury of the United 
States in any subsequent year so much of the surplus, if any, arising 
in the salary and expense fund as may be necessary to reimburse the 
Treasury oi the United States for payments made on account of such 
fund in any prior year." 
^e) Subdivision c.(5) of such section is amended to read as follows: 
"(5) As of the day preceding the date when the referees, as provided 
by paragraph (2) of subdivision b of section 37 of this Act, are to 
take office, an allocation shall be made by the judge or judges of the 
several courts of bankruptcy of all filing and other fees, commissions, 
and allowances, and of all expense funds, due the then existing referees 
for services rendered and expenses incurred in the cases pending before 
them, whether as referee, conciliation commissioner, or special master 
under this Act. The balances of such filing and other fees, commis-
sions, and allowances and the expense surpluses shall be covered into 
the Treasury of the United States by the referees and the clerks, to be 
deposited to the credit of the salary and expense fund. All cases 
pending before outgoing referees shall be referred, and no additional 
filing fees shall be required, but additional salary and expense charges 
may be assessed in such cases in such amounts as the judge or judges 
of the several courts of bankruptcy may deem equitable, taking into 
consideration the schedules of additional fees fixed by the Director 
and the payments previously made therein." 
SEO. 2. (a) Clause (2) of section 51 of the Bankruptcy Act (11 
U.S.C. 79) is amended to read as follows: 
"(2) collect the fees of the clerk and trustee and the fees for the 
referees' salary and expense fund provided in paragraph (1) of sub-
division c of section 40 of this Act in each cEise instituted before filing 
the petition, except where installment payments may be authorized 
pursuant to section 40 of this Act, and collect the various other fees, 
allowances and charges for the services of referees and for their 
expenses, including their services and expenses as conciliation com-
missioners and as special masters under this Act;". 
(b) Clause (5) of section 51 of such section is amended to read 
as follows: 
"(5) transmit to the Treasury of the United States all fees, allow-
ances and charges collected for the referees' salary and expense fund, 
and transmit to the trustee, within ten days after a case had been 
closed the fee collected for him at the time of the filing of the petition." 
SEC. 3. Clause (1) of subdivision a of section 64 of the Bankruptcy 
Act (11 U.S.C. 104) is amended to repeal the words "the fees for the 
referees' salary fund and for the referees' expense fund;" from the 
phrase following the first semicolon and to enact in their place the 
words "the fees for the referees' salary and expense fund;". 
SEC. 4. That the second paragraph of section 72 of the Bankruptcy 
Act (11 U.S.C. 112) is amended to read as follows: 
"No referee shall receive any compensation for his services under 
this Act other than his salary^; and allowances made to a referee for 
compensation or expense while acting as a conciliation commissioner 
under section 75, or as a referee or special master under any chapter 
or section of this Act, shall be paid to the clerk, and by him transmitted 
73 S T A T . ] 
PUBLIC LAW 86-111-JULY 28, 1959 
261 
to the Treasury of the United States for deposit in the referees' salary 
and expense fund." 
SEC. 5. That paragraph (2) of section 624 of the Bankruptcy Act 
(11 U.S.C. 1024(2)) is amended to read as follows: 
"(2) where a petition is filed under section 622 of this Act, by 
payment to the clerk of $15 to be distributed, $10 to the Treasury 
of the United States for deposit in the referees' salary and ex-
pense fund and $5 to the clerk, in lieu of the fees of $32 and $8 as 
prescribed in sections 40 and 52 of this Act: Provided^ hovjever^ 
That such fees may be paid in installments, if so authorized by 
General Order of the Supreme Court of the United States." 
SEC. 6. That pairagraph (2) of section 633 of the Bankruptcy Act 
(11 U.S.C. 1033(2)) is amended to read as follows: 
"(2) the debtor shall submit his plan, and deposit with the 
clerk, for payment into the referees' salary and expense fund a 
fee not to exceed $15, to be graduated and charged in the manner 
outlined in paragraph (2) of subdivision c of section 40 of this 
Act: Provided^ however^ That such fee may be paid in install-
ments, if so authorized by General Order of the Supreme Court 
of the United States;". 
SEC. 7. That paragraph (3) of section 659 of the Bankruptcy Act 
(11 U.S.C. 1059(3)) is amended to read as follows: 
"(3) an additional fee for the referees' salary and expense 
fund, to be graduated and charged in the manner outlined in 
paragraph (2) of subdivision c of section 40 of this Act, and to 
be computed upon the amount of the payments actually made by 
or for a debtor under the plan; and commissions to the trustee 
of not more than 5 per centum to be computed upon and payable 
out of the payments actually made by or for a debtor undetr the 
plan;" 
SEC. 8. This amendatory Act shall take effect on the first day of the 
first fiscal year following the date of its approval. 
Approved July 28, 1959. 
66 Stat,, 436. 
U u s e 1022. 
Fee distribution. 
11 u s e 68, 80. 
60 Stat,, 331. 
Fee limitation. 
11 use 68. 
60 Stat. 331. 
Additional fee. 
11 u s e 68. 
Effective date. 
Public Law 86-111 
AN ACT 
Authorizing the Boy Scouts of America to erect a memorial on public grounds 
in the District of Columbia to honor the members and leaders of such organi-
zation, and for other purposes. 
Jul_y 28 
[S, 
^, 1959 
602] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Boy Scouts 
^°y scouts, 
of America, Incorj)orated, a corporation chartered by the Congress of moriaf,* D" C. *
^
* 
the United States, is authorized to erect a memorial on public grounds 
in the District of Columbia, the purpose of which will be to honor the 
past and present members and leaders of such organization and to 
commemorate the fifty years of outstanding service to our Nation per-
formed by the members and leaders of such organization. 
SEC. 2. (a) The Secretary of the Interior is authorized and directed 
to select, with the approval of the Commission on Fine Arts and the 
National Capital Planning Commission, a suitable site on public 
grounds in the District of Columbia upon which may be erected the 
memorial authorized in the first section: Provided, That if the site 
selected be on public grounds belonging to or under the jurisdiction 
of the government of the District of Columbia, the approval of the 
Board of Commissioners of the District of Columbia shall also be 
obtained. 
Selection and a[> 
proval of site.