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Prior section 556.-Based on title 28, U.S.C., 1940 ed., §§ 395 and 396 (Mar. 3, 1911, ch. 231, §§ 273, 274, 36 Stat. 1164).

Section consolidates parts of sections 395 and 396 of title 28, U.S.C., 1940 ed. Similar provisions in said sections, relating to clerks, are incorporated in section 955 of this title.

The revised section substitutes, as simpler and more appropriate, the prohibition against practice of law "in any court of the United States" for the more involved language of section 395 of title 28, U.S.C., 1940 ed., which provided that no clerks or marshals, deputies, or assistants within the district for which appointed "shall act as solicitor, proctor, attorney or counsel, in any cause depending in any of said courts, or in any district for which he is acting as such officer."

Provisions of section 396 of title 28, U.S.C., 1940 ed., for striking the name of an offender from the roll of attorneys and for recommendation of dismissal, were omitted as unnecessary and as covered by section 541 of this title.

Changes were made in phraseology.

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UNITED STATES TRUSTEE PILOT; REPEAL OF BANKRUPTCY PROVISIONS RELATING TO UNITED STATES TRUSTEES

Pub. L. 95-598, title IV, § 408, Nov. 6, 1978, 92 Stat. 2686, provided that:

"(a) The Attorney General shall conduct such studies and surveys as necessary to evaluate the needs, feasibility, and effectiveness of the United States trustee system, and shall report the result of such studies and surveys to the 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.

"(b) Not later than January 3, 1984, the Attorney General shall report to the Congress, to 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.

"(c) Chapter 15 of title 11 of the United States Code and chapter 39 of title 28 of the United States Code are repealed, and all references to the United States trustee contained in title 28 of the United States Code are deleted, as of April 1, 1984. The 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 is terminated on such date."

§ 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. (Added Pub. L. 95-598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2662.)

REPEAL OF SECTION

Pub. L. 95-598, title IV, § 408(c), Nov. 6, 1978, 92 Stat. 2687, provided that, effective Apr. 1, 1984, this section is repealed and any references to United States Trustees in this title are to be deleted. See section 408(c) of Pub. L. 95-598 set out in a note preceding section 581 of this title.

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 585 of this title.

§ 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.

(Added Pub. L. 95-598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2663.)

REPEAL OF SECTION

Pub. L. 95-598, title IV, § 408(c), Nov. 6, 1978, 92 Stat. 2687, provided that, effective Apr. 1, 1984, this section is repealed and any references to United States Trustees in this title are to be deleted. See section 408(c) of Pub. L. 95-598 set out in a note preceding section 581 of this title.

§ 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.

(Added Pub. L. 95-598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2663.)

REPEAL OF SECTION

Pub. L. 95-598, title IV, § 408(c), Nov. 6, 1978, 92 Stat. 2687, provided that, effective Apr. 1, 1984, this section is repealed and any references to United States Trustees in this title are to be deleted. See section 408(c) of Pub. L. 95-598 set out in a note preceding section 581 of this title.

§ 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. (Added Pub. L. 95-598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2663.)

REPEAL OF SECTION

Pub. L. 95-598, title IV, § 408(c), Nov. 6, 1978, 92 Stat. 2687, provided that, effective Apr. 1, 1984, this section is repealed and any references to United States Trustees in this title are to be deleted. See section 408(c) of Pub. L. 95-598 set out in a note preceding section 581 of this title.

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§ 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.

(Added Pub. L. 95-598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2663.)

REPEAL OF SECTION

Pub. L. 95-598, title IV, § 408(c), Nov. 6, 1978, 92 Stat. 2687, provided that, effective Apr. 1, 1984, this section is repealed and any references to United States Trustees in this title are to be deleted. See section 408(c) of Pub. L. 95-598 set out in a note preceding 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;

(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;

(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

(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 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.

(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 G8-16 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

(1) 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.

(Added Pub. L. 95-598, title II, § 224(a), Nov. 6, 1978, 92 Stat. 2663.)

REPEAL OF SECTION

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Pub. L. 95-598, title IV, § 408(c), Nov. 6, 1978, 92 Stat. 2687, provided that, effective Apr. 1, 1984, this section is repealed and any references to United States Trustees in this title are to be deleted. See section 408(c) of Pub. L. 95-598 set out in a note preceding section 581 of this title.

593.

594.

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SECTION REFERRED to in OTHER SECTIONS This section is referred to in title 11 sections 15326, 16701, 16703, 161302, 151326.

# 087. Salaries

The Attorney General shall fix the annual salaries of United States trustees and assistant United States trustees at rates of compensation int to exceed the lowest annual rate of basic pay in effect for grade GS-16 of the General b.hedule prescribed under section 5332 of title

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(Added Pub. L. 95 598, title II, § 224(a), Nov. 6, 107A, 02 Stat. 2004.)

REPEAL OF SECTION

Pub I. 95 598, title IV, § 408(c), Nov. 6, EPIN, DP Ntat. 2687, provided that, effective

counsel.

Reporting and congressional oversight.

Relationship with Department of Justice. Termination of effect of chapter.

AMENDMENTS

1983-Pub. L. 97-409, § 2(a)(1)(A), Jan. 3, 1983, 96 Stat. 2039, substituted "independent counsel" for "special prosecutor" in the chapter heading and in items 592, 594, and 596.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 49 of this title. § 591. Applicability of provisions of this chapter

(a) The Attorney General shall conduct an investigation pursuant to the provisions of this chapter whenever the Attorney General receives information sufficient to constitute

'Another chapter 39, comprising sections 581 to 589, is set out preceding this chapter. 'So in original.

grounds to investigate that any of the persons described in subsection (b) of this section has committed a violation of any Federal criminal law other than a violation constituting a petty offense.

(b) The persons referred to in subsection (a) of this section are

(1) the President and Vice President;

(2) any individual serving in a position listed in section 5312 of title 5;

(3) any individual working in the Executive Office of the President who is compensated at or above a rate equivalent to level II of the Executive Schedule under section 5313 of title 5;

(4) any Assistant Attorney General and any individual working in the Department of Justice compensated at a rate at or above level III of the Executive Schedule under section 5314 of title 5;

(5) the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue;

(6) any individual who held any office or position described in any of paragraphs (1) through (5) of this subsection during the period consisting of the incumbency of the President such individual serves plus one year after such incumbency, but in no event longer than two years after the individual leaves office;

(7) any individual described in paragraph (6) who continues to hold office for not more than 90 days into the term of the next President during the period such individual serves plus one year after such individual leaves office;

(8) the chairman and treasurer of the principal national campaign committee seeking the election or reelection of the President, and any officer of the campaign exercising authority at the national level, such as the campaign manager or director, during the incumbency of the President.

(c) Whenever the Attorney General receives information sufficient to constitute grounds to investigate that any person not described in subsection (b) of this section has committed a violation of any Federal criminal law other than a violation constituting a petty offense, the Attorney General may conduct an investigation and apply for an independent counsel pursuant to the provisions of this chapter if the Attorney General determines that investigation of such person by the Attorney General or other officer of the Department of Justice may result in a personal, financial, or political conflict of interest.

(Added Pub. L. 95-521, title VI, § 601(a), Oct. 26, 1978, 92 Stat. 1867, and amended Pub. L. 97-409, §§ 3, 4(a), Jan. 3, 1983, 96 Stat. 2039, 2040.)

AMENDMENTS

1983-Subsec. (a). Pub. L. 97-409, § 4(a)(1), substituted "information sufficient to constitute grounds to investigate" for "specific information" after "the Attorney General receives".

Subsec. (b)(3). Pub. L. 97-409, § 3. substituted "who is compensated at or above a rate equivalent to level II" for "and compensated at a rate not less than the annual rate of basic pay provided for level IV”.

Subsec. (b)(4). Pub. L. 97-409, § 3, redesignated as par. (5) "the Director of Central Intelligence" and all that followed through the end of par. (4).

Subsec. (b)(5). Pub. L. 97-409, § 3. redesignated as par. (5) "the Director of Central Intelligence" and all that followed through the end of par. (4). Former par. (5) redesignated (6).

Subsec. (b)(6). Pub. L. 97-409, §3. redesignated former par. (5) as (6), and in par. (6) as so redesignated, substituted “through (5) of this subsection during the period consisting of the incumbency of the President such individual serves plus one year after such incumbency, but in no event longer than two years after the individual leaves office;" for "through (4) of this subsection during the incumbency of the President or during the period the last preceding President held office, if such preceding President was of the same political party as the incumbent President; and". Former par. (6) redesignated (8).

Subsec. (b)(7). Pub. L. 97-409, § 3, added par. (7). Subsec. (b)8). Pub. L. 97-409, § 3. redesignated former par. (6) as (8), and in par. (8) as so redesignated, substituted "the chairman and treasurer of the principal national campaign committee seeking the election or reelection of the President, and any officer of the campaign exercising authority at the national level, such as the campaign manager or director, during the incumbency of the President” for “any officer of the principal national campaign committee seeking the election or reelection of the President". Subsec. (c). Pub. L. 97-409, § 4(a)(2), added subsec. (c).

EFFECTIVE DATE

Section 604 of Pub. L. 95-521 provided that: "Except as provided in this section, the amendments made by this title [enacting this chapter and sections 49, 528, and 529 of this title] shall take effect on the date of the enactment of this Act (Oct. 26, 1978]. The provi

sions of chapter 39 of title 28 of the United States Code, as added by section 601 of this Act, shall not apply to specific information received by the Attorney General pursuant to section 591 of such title 28, if the Attorney General determines that

"(1) such specific information is directly related to a prosecution pending at the time such specific information is received by the Attorney General;

"(2) such specific information is related to a matter which has been presented to a grand jury and is received by the Attorney General within one hundred and eighty days of the date of the enactment of this Act; or

“(3) such specific information is related to an investigation that is pending at the time such specific information is received by the Attorney General, and such specific information is received by the Attorney General within ninety days of the date of the enactment of this Act."

CONTINGENCY FUND FOR INDEPENDENT COUNSELS

Section 601(c) of Pub. L. 95-521, as amended by Pub. L. 97-409, § 2(c2), Jan. 3, 1983, 96 Stat. 2039, provided that: "There are authorized to be appropriated for each fiscal year such sums as may be necessary, to be held by the Department of Justice as a contingent fund for the use of any independent counsels appointed under chapter 39 (relating to special prosecutor (independent counsels]) of title 28 of the United States Code in the carrying out of functions under such chapter."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 592 of this title.

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§ 592. Application for appointment of a 3 independent counsel

(a)(1) Upon receiving information that the Attorney General determines is sufficient to constitute grounds to investigate that any person covered by the Act has engaged in conduct described in subsection (a) or (c) of section 591 of this title, the Attorney General shall conduct, for a period not to exceed ninety days, such preliminary investigation of the matter as the Attorney General deems appropriate. In determining whether grounds to investigate exist, the Attorney General shall consider

(A) the degree of specificity of the information received, and

(B) the credibility of the source of the information.

(2) In conducting preliminary investigations pursuant to this section, the Attorney General shall have no authority to convene grand juries, plea bargain, grant immunity, or issue subpenas.

(b)(1) If the Attorney General, upon completion of the preliminary investigation, finds that there are no reasonable grounds to believe that further investigation or prosecution is warranted, the Attorney General shall so notify the division of the court specified in section 593(a) of this title, and the division of the court shall have no power to appoint a 3 independent counsel.

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(2) Such notification shall be by memorandum containing a summary of the information received and a summary of the results of any preliminary investigation.

(3) Such memorandum shall not be revealed to any individual outside the division of the court or the Department of Justice without leave of the division of the court.

(c)(1) If the Attorney General, upon completion of the preliminary investigation, finds reasonable grounds to believe that further investigation or prosecution is warranted, or if ninety days elapse from the receipt of the information without a determination by the Attorney General that there are no reasonable grounds to believe that further investigation or prosecution is warranted, then the Attorney General shall apply to the division of the court for the appointment of a 3 independent counsel. In determining whether reasonable grounds exist to warrant further investigation or prosecution, the Attorney General shall comply with the written or other established policies of the Department of Justice with respect to the enforcement of criminal laws.

(2) If

(A) after the filing of a memorandum under subsection (b) of this section, the Attorney General receives additional information sufficient to constitute grounds to investigate about the matter to which such memorandum related, and

(B) the Attorney General determines, after such additional investigation as the Attorney General deems appropriate, that reasonable grounds exist to warrant further investigation or prosecution,

'So in original.

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(d)(1) Any application under this chapter shall contain sufficient information to assist the division of the court to select a 3 independent counsel and to define that independent counsel's prosecutorial jurisdiction.

(2) No application or any other documents, materials, or memorandums supplied to the division of the court under this chapter shall be revealed to any individual outside the division of the court or the Department of Justice without leave of the division of the court.

(e) The Attorney General may ask a 3 independent counsel to accept referral of a matter that relates to a matter within that independent counsel's prosecutorial jurisdiction.

(f) The Attorney General's determination under subsection (c) of this section to apply to the division of the court for the appointment of a 3 independent counsel shall not be reviewable in any court.

(Added Pub. L. 95-521, title VI, § 601(a), Oct. 26, 1978, 92 Stat. 1868, and amended Pub. L. 97-409, §§ 2(a)(1), 4(b)-(e), Jan. 3, 1983, 96 Stat. 2039-2041.)

REFERENCES IN TEXT

The Act, referred to in subsec. (a)(1), probably means Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended, known as the Ethics in Government Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 2, The Congress, and Tables.

AMENDMENTS

1983-Subsec. (a). Pub. L. 97-409, § 4(b), designated existing provisions as par. (1), and in par. (1) as so designated, substituted, "Upon receiving information that the Attorney General determines is sufficient to constitute grounds to investigate that any person covered by the Act has engaged in conduct described in subsection (a) or (c) of section 591 of this title, the Attorney General" for "The Attorney General, upon receiving specific information that any of the persons described in section 591(b) of this title has engaged in conduct described in section 591(a) of this title,”, added "In determining whether grounds to investigate exist, the Attorney General shall consider-(A) the degree of specificity of the information received, and (B) the credibility of the source of the information.", and added par. (2).

Subsec. (b)(1). Pub. L. 97-409, §§ 2(a)(1)(A), 4(c), substituted "that there are no reasonable grounds to believe that further investigation or prosecution is warranted" for "that the matter is so unsubstantiated that no further investigation or prosecution is warranted" and substituted "independent counsel" for "special prosecutor".

Subsec. (c)(1). Pub. L. 97-409, §§ 2(a)(1)(A), 4(d), substituted "finds reasonable grounds to believe that further investigation or prosecution is warranted" for "finds the matter warrants further investigation or prosecution" after "preliminary investigation", "that there are no reasonable grounds to believe that further investigation or prosecution is warranted" for "that the matter is so unsubstantiated as not to warrant further investigation or prosecution”, and “independent counsel" for "special prosecutor", and added provision that in determining whether reasonable grounds exist to warrant further investigation or prosecution, the Attorney General shall comply with writ

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