US (United States) Code. Title 28. Part II: Department of Justice. Chapter 39: US (United States) trustees

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-CITE-

28 USC CHAPTER 39 - UNITED STATES TRUSTEES 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 39 - UNITED STATES TRUSTEES

-HEAD-

CHAPTER 39 - UNITED STATES TRUSTEES

-MISC1-

Sec.

581. United States trustees.

582. Assistant United States trustees.

583. Oath of office.

584. Official stations.

585. Vacancies.

586. Duties; supervision by Attorney General.

587. Salaries.

588. Expenses.

589. Staff and other employees.

589a. United States Trustee System Fund.

AMENDMENTS

1986 - Pub. L. 99-554, title I, Sec. 115(b), Oct. 27, 1986, 100

Stat. 3095, added item 589a.

UNITED STATES TRUSTEE PILOT; REPEAL OF BANKRUPTCY PROVISIONS

RELATING TO UNITED STATES TRUSTEES

Pub. L. 95-598, title IV, Sec. 408, Nov. 6, 1978, 92 Stat. 2686,

as amended by Pub. L. 98-166, title II, Sec. 200, Nov. 28, 1983, 97

Stat. 1081; Pub. L. 98-353, title III, Sec. 323, July 10, 1984, 98

Stat. 358; Pub. L. 99-429, Sept. 30, 1986, 100 Stat. 985; Pub. L.

99-500, Sec. 101(b) [title II, Sec. 200], Oct. 18, 1986, 100 Stat.

1783-39, 1783-45, and Pub. L. 99-591, Sec. 101(b) [title II, Sec.

200], Oct. 30, 1986, 100 Stat. 3341-39, 3341-45; Pub. L. 99-554,

title III, Sec. 307(a), Oct. 27, 1986, 100 Stat. 3125, which

provided that the Attorney General conduct such studies and surveys

as necessary to evaluate needs, feasibility, and effectiveness of

the United States trustee system, and report result of such studies

and surveys to Congress, the President, and the Judicial Conference

of the United States, beginning on or before January 3, 1980, and

annually thereafter during the transition period; that not later

than January 3, 1984, the Attorney General report to Congress, the

President, and the Judicial Conference of the United States, as to

the feasibility, projected annual cost and effectiveness of the

United States trustee system, as determined on the basis of the

studies and surveys respecting the operation of the United States

trustee system in the districts, together with recommendations as

to the desirability and method of proceeding with implementation of

the United States trustee system in all judicial districts of the

United States; and that chapter 15 of title 11 and chapter 39 of

this title were repealed, and all references to the United States

trustee contained in this title were deleted, 30 days after the

effective date of Pub. L. 99-554 (see section 302 of Pub. L.

99-554, set out as a note under section 581 of this title), with

service of any United States trustee, of any assistant United

States trustee, and of any employee employed or appointed under the

authority of such chapter 39 was terminated on such date, was

repealed by Pub. L. 99-554, title III, Sec. 307(b), Oct. 27, 1986,

100 Stat. 3125.

-End-

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28 USC Sec. 581 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 39 - UNITED STATES TRUSTEES

-HEAD-

Sec. 581. United States trustees

-STATUTE-

(a) The Attorney General shall appoint one United States trustee

for each of the following regions composed of Federal judicial

districts (without regard to section 451):

(1) The judicial districts established for the States of Maine,

Massachusetts, New Hampshire, and Rhode Island.

(2) The judicial districts established for the States of

Connecticut, New York, and Vermont.

(3) The judicial districts established for the States of

Delaware, New Jersey, and Pennsylvania.

(4) The judicial districts established for the States of

Maryland, North Carolina, South Carolina, Virginia, and West

Virginia and for the District of Columbia.

(5) The judicial districts established for the States of

Louisiana and Mississippi.

(6) The Northern District of Texas and the Eastern District of

Texas.

(7) The Southern District of Texas and the Western District of

Texas.

(8) The judicial districts established for the States of

Kentucky and Tennessee.

(9) The judicial districts established for the States of

Michigan and Ohio.

(10) The Central District of Illinois and the Southern District

of Illinois; and the judicial districts established for the State

of Indiana.

(11) The Northern District of Illinois; and the judicial

districts established for the State of Wisconsin.

(12) The judicial districts established for the States of

Minnesota, Iowa, North Dakota, and South Dakota.

(13) The judicial districts established for the States of

Arkansas, Nebraska, and Missouri.

(14) The District of Arizona.

(15) The Southern District of California; and the judicial

districts established for the State of Hawaii, and for Guam and

the Commonwealth of the Northern Mariana Islands.

(16) The Central District of California.

(17) The Eastern District of California and the Northern

District of California; and the judicial district established for

the State of Nevada.

(18) The judicial districts established for the States of

Alaska, Idaho (exclusive of Yellowstone National Park), Montana

(exclusive of Yellowstone National Park), Oregon, and Washington.

(19) The judicial districts established for the States of

Colorado, Utah, and Wyoming (including those portions of

Yellowstone National Park situated in the States of Montana and

Idaho).

(20) The judicial districts established for the States of

Kansas, New Mexico, and Oklahoma.

(21) The judicial districts established for the States of

Alabama, Florida, and Georgia and for the Commonwealth of Puerto

Rico and the Virgin Islands of the United States.

(b) Each United States trustee shall be appointed for a term of

five years. On the expiration of his term, a United States trustee

shall continue to perform the duties of his office until his

successor is appointed and qualifies.

(c) Each United States trustee is subject to removal by the

Attorney General.

-SOURCE-

(Added Pub. L. 95-598, title II, Sec. 224(a), Nov. 6, 1978, 92

Stat. 2662; amended Pub. L. 99-554, title I, Sec. 111(a)-(c), Oct.

27, 1986, 100 Stat. 3090, 3091.)

-COD-

CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for

the repeal of this section and the deletion of any references to

United States Trustees in this title at a prospective date, was

repealed by section 307(b) of Pub. L. 99-554. See note set out

preceding section 581 of this title.

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-554, Sec. 111(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"The Attorney General shall appoint one United States trustee for

each of the following districts or groups of districts:

"(1) District of Maine, District of New Hampshire, District of

Massachusetts, and District of Rhode Island.

"(2) Southern District of New York.

"(3) District of Delaware and District of New Jersey.

"(4) Eastern District of Virginia and District of District of

Columbia.

"(5) Northern District of Alabama.

"(6) Northern District of Texas.

"(7) Northern District of Illinois.

"(8) District of Minnesota, District of North Dakota, District

of South Dakota.

"(9) Central District of California.

"(10) District of Colorado and District of Kansas."

Subsec. (b). Pub. L. 99-554, Sec. 111(b), substituted "five

years" for "seven years" and "office" for "Office".

Subsec. (c). Pub. L. 99-554, Sec. 111(c), struck out "for cause"

after "removal".

EFFECTIVE DATE OF 1986 AMENDMENT; TRANSITION AND ADMINISTRATIVE

PROVISIONS

Title III of Pub. L. 99-554, as amended by Pub. L. 101-650, title

III, Sec. 317(a), (c), Dec. 1, 1990, 104 Stat. 5115, 5116; Pub. L.

103-65, Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 106-518, title

V, Sec. 501, Nov. 13, 2000, 114 Stat. 2421, provided that:

"SEC. 301. INCUMBENT UNITED STATES TRUSTEES.

"(a) Area for Which Appointed. - Notwithstanding any paragraph of

section 581(a) of title 28, United States Code, as in effect before

the effective date of this Act, a United States trustee serving in

such office on the effective date of this Act shall serve the

remaining term of such office as United States trustee for the

region specified in a paragraph of such section, as amended by this

Act, that includes the site at which the primary official station

of the United States trustee is located immediately before the

effective date of this Act.

"(b) Term of Office. - Notwithstanding section 581(b) of title

28, United States Code, as in effect before the effective date of

this Act, the term of office of any United States trustee serving

in such office on the date of the enactment of this Act [Oct. 27,

1986] shall expire -

"(1) 2 years after the expiration date of such term of office

under such section, as so in effect, or

"(2) 4 years after the date of the enactment of this Act,

whichever occurs first.

"SEC. 302. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.

"(a) General Effective Date. - Except as provided in subsections

(b), (c), (d), (e), and (f), this Act and the amendments made by

this Act [see Short Title of 1986 Amendment note below] shall take

effect 30 days after the date of the enactment of this Act [Oct.

27, 1986].

"(b) Amendments Relating to Bankruptcy Judges and Incumbent

United States Trustees. - Subtitle A of title I, and sections 301

and 307(a) [amending sections 152 and 156 of this title, enacting

provisions set out as notes under section 581 of this title, and

amending provisions set out as notes under section 152 of this

title and preceding section 581 of this title], shall take effect

on the date of the enactment of this Act [Oct. 27, 1986].

"(c) Amendments Relating to Family Farmers. - (1) The amendments

made by subtitle B of title II [Secs. 251 to 257 of Pub. L. 99-554,

see Tables for classification] shall not apply with respect to

cases commenced under title 11 of the United States Code before the

effective date of this Act.

"(2) Section 1202 of title 11 of the United States Code (as added

by the amendment made by section 255 of this Act) shall take effect

on the effective date of this Act and before the amendment made by

section 227 of this Act [amending section 1202 of this title].

"(3) Until the amendments made by subtitle A of title II of this

Act [Secs. 201 to 231 of Pub. L. 99-554, see Tables for

classification] become effective in a district and apply to a case,

for purposes of such case -

"(A)(i) any reference in section 326(b) of title 11 of the

United States Code to chapter 13 of title 11 of the United States

Code shall be deemed to be a reference to chapter 12 or chapter

13 of title 11 of the United States Code,

"(ii) any reference in such section 326(b) to section 1302(d)

of title 11 of the United States Code shall be deemed to be a

reference to section 1302(d) of title 11 of the United States

Code or section 586(b) of title 28 of the United States Code, and

"(iii) any reference in such section 326(b) to section 1302(a)

of title 11 of the United States Code shall be deemed to be a

reference to section 1202(a) or section 1302(a) of title 11 of

the United States Code, and

"(B)(i) the first two references in section 1202(a) of title 11

of the United States Code (as added by the amendment made by

section 255 of this Act) to the United States trustee shall be

deemed to be a reference to the court, and

"(ii) any reference in such section 1202(a) to section 586(b)

of title 28 of the United States Code shall be deemed to be a

reference to section 1202(c) of title 11 of the United States

Code (as so added).

"(d) Application of Amendments to Judicial Districts. -

"(1) Certain regions not currently served by united states

trustees. - (A) The amendments made by subtitle A of title II of

this Act [Secs. 201 to 231 of Pub. L. 99-554, see Tables for

classification], and section 1930(a)(6) of title 28 of the United

States Code (as added by section 117(4) of this Act), shall not -

"(i) become effective in or with respect to a judicial

district specified in subparagraph (B) until, or

"(ii) apply to cases while pending in such district before,

the expiration of the 270-day period beginning on the effective

date of this Act or of the 30-day period beginning on the date

the Attorney General certifies under section 303 of this Act the

region specified in a paragraph of section 581(a) of title 28,

United States Code, as amended by section 111(a) of this Act,

that includes such district, whichever occurs first.

"(B) Subparagraph (A) applies to the following:

"(i) The judicial district established for the Commonwealth

of Puerto Rico.

"(ii) The District of Connecticut.

"(iii) The judicial districts established for the State of

New York (other than the Southern District of New York).

"(iv) The District of Vermont.

"(v) The judicial districts established for the State of

Pennsylvania.

"(vi) The judicial district established for the Virgin

Islands of the United States.

"(vii) The District of Maryland.

"(viii) The judicial districts established for the State of

North Carolina.

"(ix) The District of South Carolina.

"(x) The judicial districts established for the State of West

Virginia.

"(xi) The Western District of Virginia.

"(xii) The Eastern District of Texas.

"(xiii) The judicial districts established for the State of

Wisconsin.

"(xiv) The judicial districts established for the State of

Iowa.

"(xv) The judicial districts established for the State of New

Mexico.

"(xvi) The judicial districts established for the State of

Oklahoma.

"(xvii) The District of Utah.

"(xviii) The District of Wyoming (including those portions of

Yellowstone National Park situated in the States of Montana and

Idaho).

"(xix) The judicial districts established for the State of

Alabama.

"(xx) The judicial districts established for the State of

Florida.

"(xxi) The judicial districts established for the State of

Georgia.

"(2) Certain remaining judicial districts not currently served

by united states trustees. - (A) The amendments made by subtitle

A of title II of this Act [Secs. 201 to 231 of Pub. L. 99-554,

see Tables for classification], and section 1930(a)(6) of title

28 of the United States Code (as added by section 117(4) of this

Act), shall not -

"(i) become effective in or with respect to a judicial

district specified in subparagraph (B) until, or

"(ii) apply to cases while pending in such district before,

the expiration of the 2-year period beginning on the effective

date of this Act or of the 30-day period beginning on the date

the Attorney General certifies under section 303 of this Act the

region specified in a paragraph of section 581(a) of title 28,

United States Code, as amended by section 111(a) of this Act,

that includes such district, whichever occurs first.

"(B) Subparagraph (A) applies to the following:

"(i) The judicial districts established for the State of

Louisiana.

"(ii) The judicial districts established for the State of

Mississippi.

"(iii) The Southern District of Texas and the Western

District of Texas.

"(iv) The judicial districts established for the State of

Kentucky.

"(v) The judicial districts established for the State of

Tennessee.

"(vi) The judicial districts established for the State of

Michigan.

"(vii) The judicial districts established for the State of

Ohio.

"(viii) The judicial districts established for the State of

Illinois (other than the Northern District of Illinois).

"(ix) The judicial districts established for the State of

Indiana.

"(x) The judicial districts established for the State of

Arkansas.

"(xi) The judicial districts established for the State of

Nebraska.

"(xii) The judicial districts established for the State of

Missouri.

"(xiii) The District of Arizona.

"(xiv) The District of Hawaii.

"(xv) The judicial district established for Guam.

"(xvi) The judicial district established for the Commonwealth

of the Northern Mariana Islands.

"(xvii) The judicial districts established for the State of

California (other than the Central District of California).

"(xviii) The District of Nevada.

"(xix) The District of Alaska.

"(xx) The District of Idaho.

"(xxi) The District of Montana.

"(xxii) The District of Oregon.

"(xxiii) The judicial districts established for the State of

Washington.

"(3) Judicial districts for the states of alabama and north

carolina. - (A) Notwithstanding paragraphs (1) and (2), and any

other provision of law, the amendments made by subtitle A of

title II of this Act [Secs. 201 to 231 of Pub. L. 99-554, see

Tables for classification], and section 1930(a)(6) of title 28 of

the United States Code (as added by section 117(4) of this Act),

shall not -

"(i) become effective in or with respect to a judicial

district specified in subparagraph (E) until, or

"(ii) apply to cases while pending in such district before,

such district elects to be included in a bankruptcy region

established in section 581(a) of title 28, United States Code, as

amended by section 111(a) of this Act, except that the amendment

to section 105(a) of title 11, United States Code, shall become

effective as of the date of the enactment of the Federal Courts

Study Committee Implementation Act of 1990 [Dec. 1, 1990].

"(B) Any election under subparagraph (A) shall be made upon a

majority vote of the chief judge of such district and each

bankruptcy judge in such judicial district in favor of such

election.

"(C) Notice that an election has been made under subparagraph

(A) shall be given, not later than 10 days after such election,

to the Attorney General and the appropriate Federal Circuit Court

of Appeals for such district.

"(D) Any election made under subparagraph (A) shall become

effective on the date the amendments made by subtitle A of title

II of this Act become effective in the region that includes such

district or 30 days after the Attorney General receives the

notice required under subparagraph (C), whichever occurs later.

"(E) Subparagraph (A) applies to the following:

"(i) The judicial districts established for the State of

Alabama.

"(ii) The judicial districts established for the State of

North Carolina.

"(F)(i) Subject to clause (ii), with respect to cases under

chapters 7, 11, 12, and 13 of title 11, United States Code -

"(I) commenced before the effective date of this Act, and

"(II) pending in a judicial district in the State of Alabama

or the State of North Carolina before any election made under

subparagraph (A) by such district becomes effective,

the amendments made by section 113 [amending section 586 of this

title] and subtitle A of title II of this Act, and section

1930(a)(6) of title 28 of the United States Code (as added by

section 117(4) of this Act), shall not apply until the expiration

of the 1-year period beginning on the date such election becomes

effective.

"(ii) For purposes of clause (i), the amendments made by

section 113 and subtitle A of title II of this Act, and section

1930(a)(6) of title 28 of the United States Code (as added by

section 117(4) of this Act), shall not apply with respect to a

case under chapter 7, 11, 12, or 13 of title 11, United States

Code, if -

"(I) the trustee in the case files the final report and

account of administration of the estate, required under section

704 of such title, or

"(II) a plan is confirmed under section 1129, 1225, or 1325

of such title,

before the expiration of the 1-year period beginning on the date

such election becomes effective.

"(G) Notwithstanding section 589a of title 28, United States

Code, as added by section 115 of this Act, funds collected as a

result of the amendments made by section 117 of this Act

[amending section 1930 of this title] in a judicial district in

the State of Alabama or the State of North Carolina under section

1930(a) of title 28, United States Code, before the date the

amendments made by subtitle A of title II of this Act take effect

in such district shall be deposited in the general receipts of

the Treasury.

"(H) The repeal made by section 231 of this Act [repealing

chapter 15 of title 11] shall not apply in or with respect to the

Northern District of Alabama until March 1, 1987, or the

effective date of any election made under subparagraph (A) by

such district, whichever occurs first.

"(I) In any judicial district in the State of Alabama or the

State of North Carolina that has not made the election described

in subparagraph (A), any person who is appointed under

regulations issued by the Judicial Conference of the United

States to administer estates in cases under title 11 of the

United States Code may -

"(i) establish, maintain, and supervise a panel of private

trustees that are eligible and available to serve as trustees

in cases under title 11, United States Code, and

"(ii) supervise the administration of cases and trustees in

cases under chapters 7, 11, 12, and 13 of title 11, United

States Code,

until the amendments made by subtitle A of title II take effect

in such district.

"(e) Application of United States Trustee System and Quarterly

Fees to Certain Cases. -

"(1) In general. - Subject to paragraph (2), with respect to

cases under chapters 7, 11, 12, and 13 of title 11, United States

Code -

"(A) commenced before the effective date of this Act, and

"(B) pending in a judicial district referred to in section

581(a) of title 28, United States Code, as amended by section

111(a) of this Act, for which a United States trustee is not

authorized before the effective date of this Act to be

appointed,

the amendments made by section 113 [amending section 586 of this

title] and subtitle A of title II of this Act [Secs. 201 to 231

of Pub. L. 99-554, see Tables for classification], and section

1930(a)(6) of title 28 of the United States Code (as added by

section 117(4) of this Act), shall not apply until the expiration

of the 3-year period beginning on the effective date of this Act,

or of the 1-year period beginning on the date the Attorney

General certifies under section 303 of this Act the region

specified in a paragraph of such section 581(a), as so amended,

that includes such district, whichever occurs first.

"(2) Amendments inapplicable. - For purposes of paragraph (1),

the amendments made by section 113 and subtitle A of title II of

this Act, and section 1930(a)(6) of title 28 of the United States

Code (as added by section 117(4) of this Act), shall not apply

with respect to a case under chapter 7, 11, 12, or 13 of title

11, United States Code, if -

"(A) the trustee in the case files the final report and

account of administration of the estate, required under section

704 of such title, or

"(B) a plan is confirmed under section 1129, 1225, or 1325 of

such title,

before the expiration of the 3-year period, or the expiration of

the 1-year period, specified in paragraph (1), whichever occurs

first.

"(3) Rule of construction regarding fees for cases. - This Act

[see Short Title of 1986 Amendment note below] and the amendments

made by section 117(4) of this Act [amending section 1930 of this

title] shall not be construed to require the payment of a fee

under paragraph (6) of section 1930(a) of title 28, United States

Code, in a case under title 11 of the United States Code for any

conduct or period occurring before such paragraph becomes

effective in the district in which such case is pending.

"(f) Repeal of Chapter 12 of Title 11. - Chapter 12 of title 11

of the United States Code is repealed on October 1, 1998. All cases

commenced or pending under chapter 12 of title 11, United States

Code, and all matters and proceedings in or relating to such cases,

shall be conducted and determined under such chapter as if such

chapter had not been repealed. The substantive rights of parties in

connection with such cases, matters, and proceedings shall continue

to be governed under the laws applicable to such cases, matters,

and proceedings as if such chapter had not been repealed.

"SEC. 303. CERTIFICATION OF JUDICIAL DISTRICTS; NOTICE AND

PUBLICATION OF CERTIFICATION.

"(a) Certification by Attorney General. - The Attorney General

may certify in writing a region specified in a paragraph of section

581(a) of title 28, United States Code (other than paragraph (16)),

as amended by section 111(a) of this Act, to the appropriate court

of appeals of the United States, for the purpose of informing such

court that certain amendments made by this Act will become

effective in accordance with section 302 of this Act.

"(b) Notice and Publication of Certification. - Whenever the

Attorney General transmits a certification under subsection (a),

the Attorney General shall simultaneously -

"(1) transmit a copy of such certification to the Speaker of

the House of Representatives and to the President pro tempore of

the Senate, and

"(2) publish such certification in the Federal Register.

"SEC. 304. ADMINISTRATIVE PROVISIONS.

"(a) Cooperative Arrangements. - The Attorney General and the

Director of the Administrative Office of the United States Courts

may enter into agreements under which United States trustees may -

"(1) use -

"(A) the services, equipment, personnel, records, reports,

and data compilations, in any form, of the courts of the United

States, and

"(B) the facilities of such courts, and

"(2) cooperate in the use by the courts of the United States of

-

"(A) the services, equipment, personnel, records, reports,

and data compilations, in any form, of United States trustees,

and

"(B) the facilities of such trustees,

to prevent duplication during the 2-year period beginning on the

effective date of this Act.

"(b) Information and Documents Relating to Bankruptcy Cases and

United States Trustees. - The Director of the Administrative Office

of the United States Courts shall make available to United States

trustees, at the request of the Attorney General and on a

continuing basis, all records, reports, and data compilations

relating to -

"(1) cases and proceedings under title 11 of the United States

Code, and

"(2) the duties of United States trustees under titles 11 and

28 of the United States Code.

"SEC. 305. APPLICATION OF CERTAIN BANKRUPTCY RULES.

"(a) Rules Relating to the United States Trustee System. - If a

United States trustee is not authorized, before the effective date

of this Act, to be appointed for a judicial district referred to in

section 581(a) of title 28, United States Code, as amended by

section 111(a) of this Act, then part X of the Bankruptcy Rules [11

U.S.C. App.] shall not apply to cases in such district until the

amendments made by subtitle A of title II of this Act [Secs. 201 to

231 of Pub. L. 99-554, see Tables for classification] become

effective under section 302 of this Act in such district.

"(b) Rules Relating to Chapter 12 of Title 11. - The rules

prescribed under section 2075 of title 28, United States Code, and

in effect on the date of the enactment of this Act [Oct. 27, 1986]

shall apply to cases filed under chapter 12 of title 11, United

States Code, to the extent practicable and not inconsistent with

the amendments made by title II of this Act [see Tables for

classification].

"SEC. 306. SALARY OF INCUMBENT UNITED STATES TRUSTEES.

"For service as a United States trustee in the period beginning

on the effective date of this Act and ending on the expiration

under section 301 of this Act of their respective terms of office,

the salary payable to United States trustees serving in such

offices on the effective date of this Act shall be fixed in

accordance with section 587 of title 28, United States Code, as

amended by section 114(a) of this Act.

"SEC. 307. PRESERVATION OF UNITED STATES TRUSTEE SYSTEM DURING

PENDENCY OF LEGISLATION; REPEALER.

"(a) Temporary Delay of Repeal of United States Trustee System. -

Effective immediately before November 10, 1986, section 408(c) of

the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2687), is

amended by striking out 'November 10, 1986' and inserting in lieu

thereof '30 days after the effective date of the Bankruptcy Judges,

United States Trustees, and Family Farmer Bankruptcy Act of 1986

[Pub. L. 99-554]'.

"(b) Conforming Amendment. - Section 408 of the Act of November

6, 1978 (Public Law 95-598; 92 Stat. 2687), is repealed.

"SEC. 308. CONSIDERATION OF CURRENT PRIVATE TRUSTEES FOR

APPOINTMENT BY UNITED STATES TRUSTEES.

"(a) Trustees in Bankruptcy Cases Under Chapter 7. - It is the

sense of the Congress that individuals who are serving before the

effective date of this Act, as trustees in cases under chapter 7 of

title 11, United States Code, should be considered by United States

trustees for appointment under section 586(a)(1) of title 28,

United States Code, to the panels of private trustees that are

established as a result of the amendments made by this Act [see

Short Title of 1986 Amendment note below].

"(b) Standing Trustees in Bankruptcy Cases Under Chapter 13. - It

is the sense of the Congress that individuals who are serving

before the effective date of this Act, as standing trustees in

cases under chapter 13 of title 11, United States Code, should be

considered by the United States trustees for appointment under

section 586(b) of title 28, United States Code, as standing

trustees who are appointed as a result of the amendments made by

this Act [see Short Title of 1986 Amendment note below].

"SEC. 309. APPOINTMENT OF UNITED STATES TRUSTEES BY THE ATTORNEY

GENERAL.

"It is the sense of the Congress that individuals otherwise

qualified who are serving, before the effective date of this Act,

as estate administrators under title 11 of the United States Code

should be considered by the Attorney General for appointment under

sections 581 and 582 of title 28, United States Code, to new

positions of United States trustee and assistant United States

trustee resulting from the amendments made by this Act [see Short

Title of 1986 Amendment note below].

"SEC. 310. ELECTRONIC CASE MANAGEMENT DEMONSTRATION PROJECT.

"(a) Establishment of Project. - Not later than 1 year after the

effective date of this Act, the Director of the Executive Office

for United States Trustees, in consultation with the Director of

the Administrative Office of the United States Courts, shall

establish an electronic case management demonstration project to be

carried out in 3 Federal judicial districts that have a

sufficiently large and varied bankruptcy caseload so as to provide

a meaningful evaluation of the cost and effectiveness of such

system. A contract for such project shall be awarded -

"(1) on the basis of competitive bids submitted by qualified

nongovernmental entities that are able to design an automated

joint information system for use by the United States courts and

by United States trustees, and

"(2) in accordance with the Federal Property and Administrative

Services Act of 1949 [now chapters 1 to 11 of Title 40, Public

Buildings, Property, and Works, and title III of the Act of June

30, 1949 (41 U.S.C. 251 et seq.)], the Office of Federal

Procurement Policy Act [see Short Title note under 41 U.S.C.

401], and title 31 of the United States Code.

"(b) Study by General Accounting Office. - Not later than 1 year

after the electronic case management system begins to operate in

all of the judicial districts participating in the demonstration

project carried out under subsection (a), the General Accounting

Office shall conduct a study to compare the cost and effectiveness

of such system with the cost and effectiveness of case management

systems used in Federal judicial districts that are not

participating in such project.

"(c) Term of Project. - The demonstration project required by

subsection (a) shall be carried out until -

"(1) the expiration of the 2-year period beginning on the date

the electronic case management system begins to operate in all of

the judicial districts participating in such project, or

"(2) legislation is enacted to extend, expand, modify, or

terminate the operation of such project,

whichever occurs first.

"(d) Use by Clerks of the Courts. - The electronic case

management system demonstrated under the project required by

subsection (a) shall provide the clerk of court in each district in

which such system is operated, with a means of -

"(1) maintaining a complete electronic case file of all

relevant information contained in petitions and schedules (and

any amendments thereto) relating to debtors in cases under title

11 of the United States Code, including -

"(A) a complete list of creditors in each such case, as

listed by the debtor,

"(B) a complete list of assets scheduled by the debtor, the

value of such asset, and any action taken by the trustee or

debtor in possession with regard to such asset during the

pendency of such case,

"(C) a complete list of debts and, with respect to each debt

-

"(i) any priority of such debt under title 11 of the United

States Code,

"(ii) whether such debt is secured or unsecured, and

"(iii) whether such debt is contingent or noncontingent,

and

"(D) the debtor's statements of current expenses and income,

and

"(2) maintaining all calendars and dockets and producing all

notices required to be sent in cases under title 11 of the United

States Code.

"(e) Use by United States Trustees. - The electronic case

management system demonstrated under the project required by

subsection (a) shall provide, at a minimum, the United States

trustee in each district in which such system is operated with -

"(1) complete electronic case files which contain, in addition

to the information listed in subsection (d), records of case

openings, case closings, hearings, and the filing of all motions,

trustee appointments, pleadings, and responses, as well as a

record of the responses by the United States trustee to those

motions, trustee appointments, and pleadings,

"(2) a means to generate standardized forms for motions,

appointments, pleadings, and responses,

"(3) a means to generate standard management reports and

letters on an exception basis,

"(4) a means to maintain accounting records, reports, and

information required to be maintained by debtors in possession

and trustees in cases under title 11 of the United States Code,

"(5) a means to calculate and record distribution to creditors,

final applications and orders for distribution, and final case

closing reports, and

"(6) a means to monitor the payment of filing and other

required fees.

"(f) Availability to Certain Governmental Entities. - Unlimited

access to information maintained in the electronic case management

system demonstrated under the project required by subsection (a)

shall be provided at no charge to the following:

"(1) The Congress.

"(2) The Executive Office for the United States Trustees.

"(3) The Administrative Office of the United States Courts.

"(4) The clerks of the courts in judicial districts in which

such system is operated and persons who review case information,

in accordance with section 107(a) of title 11, United States

Code, in the offices of the clerks.

"(5) The judges on the bankruptcy and district courts in

districts in which such system is operated.

"(6) Trustees in cases pending in districts in which such

system is operated.

"(g) Fees for Other Users. - (1) The entity which is awarded a

contract to provide the electronic case management system

demonstrated under this project may, under guidelines established

by the Director of the Executive Office for the United States

Trustees in the provisions of such contract, collect reasonable

fees from assets of the estate of the debtor in bankruptcy for

providing notices and services to the court and trustees under the

demonstration project.

"(2) Access to information maintained in electronic case files

pursuant to the demonstration project may be provided to persons

other than those specified in subsection (f), but such access shall

be limited to viewing such information only. A reasonable charge

for such access may be collected by the entity which is awarded a

contract under this section, in accordance with the guidelines

established by the Director of the Executive Office for the United

States Trustees in such contract. A reasonable portion of any

charge so collected may be required by the Director to be remitted

to the Executive Office for United States Trustees and deposited in

the United States Trustee System Fund established in section 589a

of title 28, United States Code.

"(h) Security. - Access provided under subsection (f) to an

entity or an individual shall be subject to such security

limitations as may be imposed by the Congress or the head of the

affected entity.

"SEC. 311. CASES PENDING UNDER THE BANKRUPTCY ACT.

"At the end of one calendar year following the date the

amendments made by subtitle A of title II of this Act [Secs. 201 to

231 of Pub. L. 99-554, see Tables for classification] take effect

in a district in which any case is still pending under the

Bankruptcy Act [see 11 U.S.C. notes prec. 101], the district court

shall withdraw the reference of any such case and, after notice and

a hearing, determine the status of the case. Such case shall be

remanded to the bankruptcy judge with such instructions as are

necessary for the prompt closing of the case and with a requirement

that a progress report on the case be provided by the bankruptcy

judge after such interval as the district court deems appropriate."

EFFECTIVE DATE

Chapter effective Oct. 1, 1979, see section 402(c) of Pub. L.

95-598, set out as a note preceding section 101 of Title 11,

Bankruptcy.

SHORT TITLE OF 1986 AMENDMENT

Section 1 of Pub. L. 99-554 provided: "That this Act [enacting

section 589a of this title and section 307 and chapter 12 of Title

11, Bankruptcy, amending this section, sections 49, 96, 152, 156,

157, 526, 582, 584 to 587, 604, 1334, and 1930 of this title,

sections 101 to 103, 105, 108, 109, 303, 321, 322, 324, 326, 327,

329, 330, 341, 343, 345 to 348, 362 to 365, 502, 503, 521 to 524,

546 to 549, 554, 557, 701, 703 to 707, 724, 726 to 728, 743, 1102,

1104 to 1106, 1112, 1121, 1129, 1163, 1202, 1302, 1306, 1307, and

1324 to 1326 of Title 11, Bankruptcy Form No. 1, set out in the

Appendix to Title 11, repealing chapters 11 and 12 of Title 11,

enacting provisions set out as notes under this section and section

589 of this title, amending provisions set out as notes preceding

this section and under section 152 of this title, and repealing

provisions set out as a note preceding this section] may be cited

as the "Bankruptcy Judges, United States Trustees, and Family

Farmer Bankruptcy Act of 1986'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 585, 1930 of this title.

-End-

-CITE-

28 USC Sec. 582 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 39 - UNITED STATES TRUSTEES

-HEAD-

Sec. 582. Assistant United States trustees

-STATUTE-

(a) The Attorney General may appoint one or more assistant United

States trustees in any region when the public interest so requires.

(b) Each assistant United States trustee is subject to removal by

the Attorney General.

-SOURCE-

(Added Pub. L. 95-598, title II, Sec. 224(a), Nov. 6, 1978, 92

Stat. 2663; amended Pub. L. 99-554, title I, Sec. 111(d), Oct. 27,

1986, 100 Stat. 3091.)

-COD-

CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for

the repeal of this section and the deletion of any references to

United States Trustees in this title at a prospective date, was

repealed by section 307(b) of Pub. L. 99-554. See note set out

preceding section 581 of this title.

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-554, Sec. 111(d)(1), substituted

"region" for "district".

Subsec. (b). Pub. L. 99-554, Sec. 111(d)(2), struck out "for

cause" after "removal".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,

1986, see section 302(a) of Pub. L. 99-554, set out as a note under

section 581 of this title.

APPOINTMENT OF UNITED STATES TRUSTEES BY ATTORNEY GENERAL

For sense of Congress concerning consideration of estate

administrators under title 11 by the Attorney General for

appointment under this section as U.S. trustee and assistant U.S.

trustee, see section 309 of Pub. L. 99-554, set out as a note under

section 581 of this title.

-End-

-CITE-

28 USC Sec. 583 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 39 - UNITED STATES TRUSTEES

-HEAD-

Sec. 583. Oath of office

-STATUTE-

Each United States trustee and assistant United States trustee,

before taking office, shall take an oath to execute faithfully his

duties.

-SOURCE-

(Added Pub. L. 95-598, title II, Sec. 224(a), Nov. 6, 1978, 92

Stat. 2663.)

-COD-

CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for

the repeal of this section and the deletion of any references to

United States Trustees in this title at a prospective date, was

repealed by section 307(b) of Pub. L. 99-554. See note set out

preceding section 581 of this title.

-End-

-CITE-

28 USC Sec. 584 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 39 - UNITED STATES TRUSTEES

-HEAD-

Sec. 584. Official stations

-STATUTE-

The Attorney General may determine the official stations of the

United States trustees and assistant United States trustees within

the regions for which they were appointed.

-SOURCE-

(Added Pub. L. 95-598, title II, Sec. 224(a), Nov. 6, 1978, 92

Stat. 2663; amended Pub. L. 99-554, title I, Sec. 144(d), Oct. 27,

1986, 100 Stat. 3096.)

-COD-

CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for

the repeal of this section and the deletion of any references to

United States Trustees in this title at a prospective date, was

repealed by section 307(b) of Pub. L. 99-554. See note set out

preceding section 581 of this title.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-554 substituted "regions" for "districts".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,

1986, see section 302(a) of Pub. L. 99-554, set out as a note under

section 581 of this title.

-End-

-CITE-

28 USC Sec. 585 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 39 - UNITED STATES TRUSTEES

-HEAD-

Sec. 585. Vacancies

-STATUTE-

(a) The Attorney General may appoint an acting United States

trustee for a region in which the office of the United States

trustee is vacant. The individual so appointed may serve until the

date on which the vacancy is filled by appointment under section

581 of this title or by designation under subsection (b) of this

section.

(b) The Attorney General may designate a United States trustee to

serve in not more than two regions for such time as the public

interest requires.

-SOURCE-

(Added Pub. L. 95-598, title II, Sec. 224(a), Nov. 6, 1978, 92

Stat. 2663; amended Pub. L. 99-554, title I, Sec. 112, Oct. 27,

1986, 100 Stat. 3091.)

-COD-

CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for

the repeal of this section and the deletion of any references to

United States Trustees in this title at a prospective date, was

repealed by section 307(b) of Pub. L. 99-554. See note set out

preceding section 581 of this title.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-554 amended section generally. Prior to

amendment, section read as follows: "The Attorney General may

appoint an acting United States trustee for a district in which the

office of United States trustee is vacant, or may designate a

United States trustee for another judicial district to serve as

trustee for the district in which such vacancy exists. The

individual so appointed or designated may serve until the earlier

of 90 days after such appointment or designation, as the case may

be, or the date on which the vacancy is filled by appointment under

section 581 of this title."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,

1986, see section 302(a) of Pub. L. 99-554, set out as a note under

section 581 of this title.

-End-

-CITE-

28 USC Sec. 586 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 39 - UNITED STATES TRUSTEES

-HEAD-

Sec. 586. Duties; supervision by Attorney General

-STATUTE-

(a) Each United States trustee, within the region for which such

United States trustee is appointed, shall -

(1) establish, maintain, and supervise a panel of private

trustees that are eligible and available to serve as trustees in

cases under chapter 7 of title 11;

(2) serve as and perform the duties of a trustee in a case

under title 11 when required under title 11 to serve as trustee

in such a case;

(3) supervise the administration of cases and trustees in cases

under chapter 7, 11, 12, or 13 of title 11 by, whenever the

United States trustee considers it to be appropriate -

(A)(i) reviewing, in accordance with procedural guidelines

adopted by the Executive Office of the United States Trustee

(which guidelines shall be applied uniformly by the United

States trustee except when circumstances warrant different

treatment), applications filed for compensation and

reimbursement under section 330 of title 11; and

(ii) filing with the court comments with respect to such

application and, if the United States Trustee considers it to

be appropriate, objections to such application.(!1)

(B) monitoring plans and disclosure statements filed in cases

under chapter 11 of title 11 and filing with the court, in

connection with hearings under sections 1125 and 1128 of such

title, comments with respect to such plans and disclosure

statements;

(C) monitoring plans filed under chapters 12 and 13 of title

11 and filing with the court, in connection with hearings under

sections 1224, 1229, 1324, and 1329 of such title, comments

with respect to such plans;

(D) taking such action as the United States trustee deems to

be appropriate to ensure that all reports, schedules, and fees

required to be filed under title 11 and this title by the

debtor are properly and timely filed;

(E) monitoring creditors' committees appointed under title

11;

(F) notifying the appropriate United States attorney of

matters which relate to the occurrence of any action which may

constitute a crime under the laws of the United States and, on

the request of the United States attorney, assisting the United

States attorney in carrying out prosecutions based on such

action;

(G) monitoring the progress of cases under title 11 and

taking such actions as the United States trustee deems to be

appropriate to prevent undue delay in such progress; and

(H) monitoring applications filed under section 327 of title

11 and, whenever the United States trustee deems it to be

appropriate, filing with the court comments with respect to the

approval of such applications;

(4) deposit or invest under section 345 of title 11 money

received as trustee in cases under title 11;

(5) perform the duties prescribed for the United States trustee

under title 11 and this title, and such duties consistent with

title 11 and this title as the Attorney General may prescribe;

and

(6) make such reports as the Attorney General directs.

(b) If the number of cases under chapter 12 or 13 of title 11

commenced in a particular region so warrants, the United States

trustee for such region may, subject to the approval of the

Attorney General, appoint one or more individuals to serve as

standing trustee, or designate one or more assistant United States

trustees to serve in cases under such chapter. The United States

trustee for such region shall supervise any such individual

appointed as standing trustee in the performance of the duties of

standing trustee.

(c) Each United States trustee shall be under the general

supervision of the Attorney General, who shall provide general

coordination and assistance to the United States trustees.

(d) The Attorney General shall prescribe by rule qualifications

for membership on the panels established by United States trustees

under paragraph (a)(1) of this section, and qualifications for

appointment under subsection (b) of this section to serve as

standing trustee in cases under chapter 12 or 13 of title 11. The

Attorney General may not require that an individual be an attorney

in order to qualify for appointment under subsection (b) of this

section to serve as standing trustee in cases under chapter 12 or

13 of title 11.

(e)(1) The Attorney General, after consultation with a United

States trustee that has appointed an individual under subsection

(b) of this section to serve as standing trustee in cases under

chapter 12 or 13 of title 11, shall fix -

(A) a maximum annual compensation for such individual

consisting of -

(i) an amount not to exceed the highest annual rate of basic

pay in effect for level V of the Executive Schedule; and

(ii) the cash value of employment benefits comparable to the

employment benefits provided by the United States to

individuals who are employed by the United States at the same

rate of basic pay to perform similar services during the same

period of time; and

(B) a percentage fee not to exceed -

(i) in the case of a debtor who is not a family farmer, ten

percent; or

(ii) in the case of a debtor who is a family farmer, the sum

of -

(I) not to exceed ten percent of the payments made under

the plan of such debtor, with respect to payments in an

aggregate amount not to exceed $450,000; and

(II) three percent of payments made under the plan of such

debtor, with respect to payments made after the aggregate

amount of payments made under the plan exceeds $450,000;

based on such maximum annual compensation and the actual,

necessary expenses incurred by such individual as standing

trustee.

(2) Such individual shall collect such percentage fee from all

payments received by such individual under plans in the cases under

chapter 12 or 13 of title 11 for which such individual serves as

standing trustee. Such individual shall pay to the United States

trustee, and the United States trustee shall deposit in the United

States Trustee System Fund -

(A) any amount by which the actual compensation of such

individual exceeds 5 per centum upon all payments received under

plans in cases under chapter 12 or 13 of title 11 for which such

individual serves as standing trustee; and

(B) any amount by which the percentage for all such cases

exceeds -

(i) such individual's actual compensation for such cases, as

adjusted under subparagraph (A) of paragraph (1); plus

(ii) the actual, necessary expenses incurred by such

individual as standing trustee in such cases. Subject to the

approval of the Attorney General, any or all of the interest

earned from the deposit of payments under plans by such

individual may be utilized to pay actual, necessary expenses

without regard to the percentage limitation contained in

subparagraph (d)(1)(B) of this section.

-SOURCE-

(Added Pub. L. 95-598, title II, Sec. 224(a), Nov. 6, 1978, 92

Stat. 2663; amended Pub. L. 99-554, title I, Sec. 113, Oct. 27,

1986, 100 Stat. 3091; Pub. L. 101-509, title V, Sec. 529 [title I,

Sec. 110(a)], Nov. 5, 1990, 104 Stat. 1427, 1452; Pub. L. 103-394,

title II, Sec. 224(a), title V, Sec. 502, Oct. 22, 1994, 108 Stat.

4130, 4147.)

-REFTEXT-

REFERENCES IN TEXT

Level V of the Executive Schedule, referred to in subsec.

(e)(1)(A)(i), is set out in section 5316 of Title 5, Government

Organization and Employees.

-COD-

CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for

the repeal of this section and the deletion of any references to

United States Trustees in this title at a prospective date, was

repealed by section 307(b) of Pub. L. 99-554. See note set out

preceding section 581 of this title.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(3). Pub. L. 103-394 inserted "12," after "11,"

in introductory provisions and amended subpar. (A) generally. Prior

to amendment, subpar. (A) read as follows: "monitoring applications

for compensation and reimbursement filed under section 330 of title

11 and, whenever the United States trustee deems it to be

appropriate, filing with the court comments with respect to any of

such applications;".

1990 - Subsec. (e)(1)(A). Pub. L. 101-509 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: "a

maximum annual compensation for such individual, not to exceed the

annual rate of basic pay in effect for step 1 of grade GS-16 of the

General Schedule prescribed under section 5332 of title 5; and".

1986 - Subsec. (a). Pub. L. 99-554, Sec. 113(a)(1), substituted

"the region for which such United States trustee is appointed" for

"his district" in introductory text.

Subsec. (a)(3). Pub. L. 99-554, Sec. 113(a)(2), substituted

"title 11 by, whenever the United States trustee considers it to be

appropriate - " for "title 11;" and added subpars. (A) to (H).

Subsec. (a)(5). Pub. L. 99-554, Sec. 113(a)(3), inserted "and

this title, and such duties consistent with title 11 and this title

as the Attorney General may prescribe" after "title 11".

Subsec. (b). Pub. L. 99-554, Sec. 113(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "If the

number of cases under chapter 13 of title 11 commenced in a

particular judicial district so warrant, the United States trustee

for such district may, subject to the approval of the Attorney

General, appoint one or more individuals to serve as standing

trustee, or designate one or more assistant United States trustee,

in cases under such chapter. The United States trustee for such

district shall supervise any such individual appointed as standing

trustee in the performance of the duties of standing trustee."

Subsec. (d). Pub. L. 99-554, Sec. 113(c), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "The

Attorney General shall prescribe by rule qualifications for

membership on the panels established by United States trustees

under subsection (a)(1) of this section, and qualifications for

appointment under subsection (b) of this section to serve as

standing trustee in cases under chapter 13 of title 11. The

Attorney General may not require that an individual be an attorney

in order to qualify for appointment under subsection (b) of this

section to serve as standing trustee in cases under chapter 13 of

title 11."

Subsec. (e). Pub. L. 99-554, Sec. 113(c), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows:

"(1) The Attorney General, after consultation with a United

States trustee that has appointed an individual under subsection

(b) of this section to serve as standing trustee in cases under

chapter 13 of title 11, shall fix -

"(A) a maximum annual compensation for such individual, not to

exceed the lowest annual rate of basic pay in effect for grade

GS-16 of the General Schedule prescribed under section 5332 of

title 5; and

"(B) a percentage fee, not to exceed ten percent, based on such

maximum annual compensation and the actual, necessary expenses

incurred by such individual as standing trustee.

"(2) Such individual shall collect such percentage fee from all

payments under plans in the cases under chapter 13 of title 11 for

which such individual serves as standing trustee. Such individual

shall pay to the United States trustee, and the United States

trustee shall pay to the Treasury -

"(A) any amount by which the actual compensation of such

individual exceeds five percent upon all payments under plans in

cases under chapter 13 of title 11 for which such individual

serves as standing trustee; and

"(B) any amount by which the percentage for all such cases

exceeds -

"(i) such individual actual compensation for such cases, as

adjusted under subparagraph (A) of this paragraph; plus

"(ii) the actual, necessary expenses incurred by such

individual as standing trustee in such cases."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not

applicable with respect to cases commenced under Title 11,

Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L.

103-394, set out as a note under section 101 of Title 11.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 [title

III, Sec. 305] of Pub. L. 101-509, set out as a note under section

5301 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1986 AMENDMENT

Effective date and applicability of amendment by Pub. L. 99-554

dependent upon the judicial district involved, see section 302(d),

(e) of Pub. L. 99-554, set out as a note under section 581 of this

title.

APPLICATION TO ALL STANDING TRUSTEES

Section 529 [title I, Sec. 110(b)] of Pub. L. 101-509 provided

that: "The amendment made by subsection (a) [amending this section]

shall apply to any trustee to whom the provisions of section

302(d)(3) of the Bankruptcy Judges, United States Trustees, and

Family Farmer Bankruptcy Act of 1986 (Public Law 99-54 [Pub. L.

99-554]; 100 Stat. 3121) [set out in an Effective Date of 1986

Amendment note under section 581 of this title] apply."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 11 sections 326, 589a, 701,

703, 1202, 1302, 1326.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-

-CITE-

28 USC Sec. 587 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 39 - UNITED STATES TRUSTEES

-HEAD-

Sec. 587. Salaries

-STATUTE-

Subject to sections 5315 through 5317 of title 5, the Attorney

General shall fix the annual salaries of United States trustees and

assistant United States trustees at rates of compensation not in

excess of the rate of basic compensation provided for Executive

Level IV of the Executive Schedule set forth in section 5315 of

title 5, United States Code.

-SOURCE-

(Added Pub. L. 95-598, title II, Sec. 224(a), Nov. 6, 1978, 92

Stat. 2664; amended Pub. L. 99-554, title I, Sec. 114(a), Oct. 27,

1986, 100 Stat. 3093.)

-COD-

CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for

the repeal of this section and the deletion of any references to

United States Trustees in this title at a prospective date, was

repealed by section 307(b) of Pub. L. 99-554. See note set out

preceding section 581 of this title.

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-554 amended section generally. Prior to

amendment, section read as follows: "The Attorney General shall fix

the annual salaries of United States trustees and assistant United

States trustees at rates of compensation not to exceed the lowest

annual rate of basic pay in effect for grade GS-16 of the General

Schedule prescribed under section 5332 of title 5."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,

1986, see section 302(a) of Pub. L. 99-554, set out as a note under

section 581 of this title.

-End-

-CITE-

28 USC Sec. 588 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 39 - UNITED STATES TRUSTEES

-HEAD-

Sec. 588. Expenses

-STATUTE-

Necessary office expenses of the United States trustee shall be

allowed when authorized by the Attorney General.

-SOURCE-

(Added Pub. L. 95-598, title II, Sec. 224(a), Nov. 6, 1978, 92

Stat. 2664.)

-COD-

CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for

the repeal of this section and the deletion of any references to

United States Trustees in this title at a prospective date, was

repealed by section 307(b) of Pub. L. 99-554. See note set out

preceding section 581 of this title.

-End-

-CITE-

28 USC Sec. 589 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 39 - UNITED STATES TRUSTEES

-HEAD-

Sec. 589. Staff and other employees

-STATUTE-

The United States trustee may employ staff and other employees on

approval of the Attorney General.

-SOURCE-

(Added Pub. L. 95-598, title II, Sec. 224(a), Nov. 6, 1978, 92

Stat. 2664.)

-COD-

CODIFICATION

Section 408(c) of Pub. L. 95-598, as amended, which provided for

the repeal of this section and the deletion of any references to

United States Trustees in this title at a prospective date, was

repealed by section 307(b) of Pub. L. 99-554. See note set out

preceding section 581 of this title.

-MISC1-

TEMPORARY SUSPENSION OF LIMITATION ON APPOINTMENTS

Pub. L. 99-554, title I, Sec. 114(b), Oct. 27, 1986, 100 Stat.

3093, provided that: "During the period beginning on the effective

date of this Act [see section 302 of Pub. L. 99-554, set out as an

Effective Date note under section 581 of this title] and ending on

October 1, 1989, the provisions of title 5 of the United States

Code governing appointments in the competitive service shall not

apply with respect to appointments under section 589 of title 28,

United States Code."

-End-

-CITE-

28 USC Sec. 589a 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 39 - UNITED STATES TRUSTEES

-HEAD-

Sec. 589a. United States Trustee System Fund

-STATUTE-

(a) There is hereby established in the Treasury of the United

States a special fund to be known as the "United States Trustee

System Fund" (hereinafter in this section referred to as the

"Fund"). Monies in the Fund shall be available to the Attorney

General without fiscal year limitation in such amounts as may be

specified in appropriations Acts for the following purposes in

connection with the operations of United States trustees -

(1) salaries and related employee benefits;

(2) travel and transportation;

(3) rental of space;

(4) communication, utilities, and miscellaneous computer

charges;

(5) security investigations and audits;

(6) supplies, books, and other materials for legal research;

(7) furniture and equipment;

(8) miscellaneous services, including those obtained by

contract; and

(9) printing.

(b) For the purpose of recovering the cost of services of the

United States Trustee System, there shall be deposited as

offsetting collections to the appropriation "United States Trustee

System Fund", to remain available until expended, the following -

(1) 27.42 percent of the fees collected under section

1930(a)(1) of this title;

(2) one-half of the fees collected under section 1930(a)(3) of

this title;

(3) one-half of the fees collected under section 1930(a)(4) of

this title;

(4) one-half of the fees collected under section 1930(a)(5) of

this title;

(5) 100 percent of the fees collected under section 1930(a)(6)

of this title;

(6) three-fourths of the fees collected under the last sentence

of section 1930(a) of this title;

(7) the compensation of trustees received under section 330(d)

of title 11 by the clerks of the bankruptcy courts;

(8) excess fees collected under section 586(e)(2) of this

title; and

(9) interest earned on Fund investment.

(c) Amounts in the Fund which are not currently needed for the

purposes specified in subsection (a) shall be kept on deposit or

invested in obligations of, or guaranteed by, the United States.

(d) The Attorney General shall transmit to the Congress, not

later than 120 days after the end of each fiscal year, a detailed

report on the amounts deposited in the Fund and a description of

expenditures made under this section.

(e) There are authorized to be appropriated to the Fund for any

fiscal year such sums as may be necessary to supplement amounts

deposited under subsection (b) for the purposes specified in

subsection (a).

-SOURCE-

(Added Pub. L. 99-554, title I, Sec. 115(a), Oct. 27, 1986, 100

Stat. 3094; amended Pub. L. 101-162, title IV, Sec. 406(c), Nov.

21, 1989, 103 Stat. 1016; Pub. L. 102-140, title I, Sec. 111(b),

(c), Oct. 28, 1991, 105 Stat. 795; Pub. L. 103-121, title I, Sec.

111(a)(2), (b)(2), (3), Oct. 27, 1993, 107 Stat. 1164; Pub. L.

104-91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, amended

Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110 Stat. 37;

Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.

109(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-18; Pub. L. 106-113,

div. B, Sec. 1000(a)(1) [title I, title I, Sec. 113], Nov. 29,

1999, 113 Stat. 1535, 1501A-6, 1501A-20.)

-COD-

CODIFICATION

Amendment by Pub. L. 104-91 is based on section 111(b) and (c) of

H.R. 2076, One Hundred Fourth Congress, as passed by the House of

Representatives on Dec. 6, 1995, which was enacted into law by Pub.

L. 104-91.

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(1). Pub. L. 106-113, Sec. 1000(a)(1) [title I,

Sec. 113], substituted "27.42 percent" for "23.08 percent".

Subsec. (b)(9). Pub. L. 106-113, Sec. 1000(a)(1) [title I], added

par. (9).

1996 - Pub. L. 104-208 reenacted section catchline without change

and amended text generally, revising and restating as subsecs. (a)

to (e) provisions of former subsecs. (a) to (f).

Subsec. (b)(5). Pub. L. 104-91, as amended by Pub. L. 104-99,

inserted "until a reorganization plan is confirmed" before

semicolon.

Subsec. (f)(2). Pub. L. 104-91, as amended by Pub. L. 104-99,

substituted "until a reorganization plan is confirmed;" for period

at end.

Subsec. (f)(3). Pub. L. 104-91, as amended by Pub. L. 104-99,

added par. (3).

1993 - Subsec. (b)(1). Pub. L. 103-121, Sec. 111(a)(2),

substituted "23.08 per centum" for "one-fourth".

Subsec. (b)(2). Pub. L. 103-121, Sec. 111(b)(2), substituted

"37.5 per centum" for "50 per centum".

Subsec. (f)(1). Pub. L. 103-121, Sec. 111(b)(3), substituted

"12.5 per centum" for "16.7 per centum".

1991 - Subsec. (b)(2). Pub. L. 102-140, Sec. 111(b)(1),

substituted "50 per centum" for "three-fifths".

Subsec. (b)(5). Pub. L. 102-140, Sec. 111(b)(2), substituted "60

per centum" for "all".

Subsec. (f). Pub. L. 102-140, Sec. 111(c), added subsec. (f).

1989 - Subsec. (b)(1). Pub. L. 101-162 substituted "one-fourth"

for "one-third".

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 113],

Nov. 29, 1999, 113 Stat. 1535, 1501A-20, provided that the

amendment made by section 1000(a)(1) [title I, Sec. 113] is

effective 30 days after Nov. 29, 1999.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) [title I, Sec. 109(c)] of Pub. L. 104-208 provided

that: "Notwithstanding any other provision of law or of this Act,

the amendments to 28 U.S.C. 589a made by subsection (b) of this

section shall take effect upon enactment of this Act [Sept. 30,

1996]."

EFFECTIVE DATE OF 1993 AMENDMENT

Section 111(a) of Pub. L. 103-121 provided in part that the

amendment made by that section is effective 30 days after Oct. 27,

1993.

Section 111(b) of Pub. L. 103-121 provided in part that the

amendment made by that section is effective 30 days after Oct. 27,

1993.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 111 of Pub. L. 102-140 provided that the amendment made

by that section is effective 60 days after Oct. 28, 1991.

EFFECTIVE DATE

Section effective 30 days after Oct. 27, 1986, see section 302(a)

of Pub. L. 99-554, set out as a note under section 581 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 11 section 330.

-End-