§ 587. Salaries

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–598 title II § 224(a) · 92 Stat. 2549

   Enacted · 28 U.S.C. § 587

   Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2664

   Source evidence

   Code source credit
   Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2664

   Enacted provision · exact public law section
   (a) Title 28 of the United States Code is amended by inserting immediately after chapter 37 the following: “CHAPTER 39— UNITED STATES TRUSTEES “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. “§ 581. United States trustees “(a) 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. “(b) Each United States trustee shall be appointed for a term of seven 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 for cause by the Attorney General. “§ 582. Assistant United States trustees “(a) The Attorney General may appoint one or more assistant United States trustees in any district when the public interest so requires. “(b) Each assistant United States trustee is subject to removal for cause by the Attorney General. “§ 583. Oath of office “Each United States trustee and assistant United States trustee, before taking office, shall take an oath to execute faithfully his duties. “§ 584. Official stations “The Attorney General may determine the official stations of the United States trustees and assistant United States trustees within the districts for which they were appointed. “§ 585. Vacancies “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. “§ 586. Duties; supervision by Attorney General “(a) Each United States trustee, within his district, 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; Ante, p. 2603. “(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, or 13 of title 11; Ante, pp. 2625, 2645. “(4) deposit or invest under section 345 of title 11 money received as trustee in cases under title 11; Ante, p. 2565. “(5) perform the duties prescribed for the United States trustee under title 11; and “(6) make such reports as the Attorney General directs. “(b) 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. “(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 Rules. 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 Ante, p. 2645. 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. “(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 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 5 USC 5332 note. “(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. “§ 587. Salaries “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. “§ 588. Expenses “Necessary office expenses of the United States trustee shall be allowed when authorized by the Attorney General. “§ 589. Staff and other employees “The United States trustee may employ staff and other employees on approval of the Attorney General.”.

2. 1986

   Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986

   Pub. L. 99–554 title I § 114(a) · 100 Stat. 3088

   Amended · 28 U.S.C. § 587

   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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) Fixing of Salaries.— Section 587 of title 28, United States Code, is amended to read as follows: “§ 587. Salaries “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.”.

   Effective date note
   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.

2 of 2 references resolved to an enrolled provision