[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1841 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1841

  To provide private chapter 7 panel trustees and chapter 13 standing 
 trustees with remedies for resolving disputes with the United States 
                            Trustee Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 1999

  Mr. Cochran introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide private chapter 7 panel trustees and chapter 13 standing 
 trustees with remedies for resolving disputes with the United States 
                            Trustee Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trustee Dispute Resolution Act of 
1999''.

SEC. 2. TRUSTEES.

    (a) Suspension and Termination of Panel Trustees and Standing 
Trustees.--Section 586(d) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following:
    ``(2)(A) A trustee whose appointment under subsection (a)(1) or 
under subsection (b) is terminated or who ceases to be assigned to 
cases filed under title 11, may obtain judicial review of the final 
agency decision by commencing an action in the United States district 
court for the district in which the trustee resides or is appointed to 
serve after first exhausting all available administrative remedies, 
which if the trustee so elects, shall also include an administrative 
hearing on the record.
    ``(B) Unless the trustee elects to have an administrative hearing 
on the record, the trustee shall be deemed to have exhausted all 
administrative remedies for purposes of this paragraph if the agency 
fails to make a final agency decision within 90 days after the trustee 
requests administrative remedies.
    ``(C) The Attorney General shall prescribe procedures to implement 
this paragraph. The decision of the agency shall be affirmed by the 
district court unless it is unreasonable and without cause based on the 
administrative record before the agency.''.
    (b) Expenses of Standing Trustees.--Section 586(e) of title 28, 
United States Code, is amended by adding at the end the following:
    ``(3) After first exhausting all available administrative remedies, 
an individual appointed under subsection (b) may obtain judicial review 
of final agency action to deny a claim of actual, necessary expenses 
under this subsection by commencing an action in the United States 
district court in the district where the individual resides or is 
appointed to serve. The decision of the agency shall be affirmed by the 
district court unless it is unreasonable and without cause based upon 
the administrative record before the agency.
    ``(4) The Attorney General shall prescribe procedures to implement 
this subsection.''.
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