28 U.S.C. § 587 — Salaries

Page 252 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 587 ‘‘(B) establish a method of randomly selecting cases to be audited, except that not less than 1 out of every 250 cases in each Federal judicial district shall be se- lected for audit; ‘‘(C) require audits of schedules of income and ex- penses that reflect greater than average variances from the statistical norm of the district in which the schedules were filed if those variances occur by rea- son of higher income or higher expenses than the sta- tistical norm of the district in which the schedules were filed; and ‘‘(D) establish procedures for providing, not less fre- quently than annually, public information con- cerning the aggregate results of such audits including the percentage of cases, by district, in which a mate- rial misstatement of income or expenditures is re- ported.’’ APPLICATION TO ALL STANDING TRUSTEES Pub. L. 101–509, title V, § 529 [title I, § 110(b)], Nov. 5, 1990, 104 Stat. 1427, 1452, provided that: ‘‘The amend- ment 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.’’ § 587. Salaries Subject to sections 5315 through 5317 of title 5, the Attorney General shall fix the annual sala- ries 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. (Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2664; amended Pub. L. 99–554, title I, § 114(a), Oct. 27, 1986, 100 Stat. 3093.) Editorial Notes 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of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub.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. 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.’’ Statutory Notes and Related Subsidiaries 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. § 588. Expenses Necessary office expenses of the United States trustee shall be allowed when authorized by the Attorney General. (Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2664.) Editorial Notes 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. § 589. Staff and other employees The United States trustee may employ staff and other employees on approval of the Attor- ney General. (Added Pub. L. 95–598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2664.) Editorial Notes 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. Statutory Notes and Related Subsidiaries TEMPORARY SUSPENSION OF LIMITATION ON APPOINTMENTS Pub. L. 99–554, title I, § 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 in an Effective Date of 1986 Amendment; Transition and Administrative Provisions note under section 581 of this title] and ending on October 1, 1989, the provisions of title 5 of the United States Code gov- erning appointments in the competitive service shall not apply with respect to appointments under section 589 of title 28, United States Code.’’ § 589a. United States Trustee System Fund (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 lim- itation 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 miscella- neous 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 ex- pended, the following— (1)(A) 40.46 percent of the fees collected under section 1930(a)(1)(A); and