H.R. 2592 Private Trustee Reform Act of 1997
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Private Trustee Reform Act of 1998 (Referred to Senate Committee after being Received from House)
HR 2592 RFS
August 31, 1998
Received; read twice and referred to the Committee on the Judiciary
- 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 `Private Trustee Reform Act of 1998'.
SEC. 2. 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 trustee whose appointment to the panel or as a standing trustee is terminated or who ceases to be assigned to cases filed under title 11, United States Code, 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 panel member or standing trustee resides, after first exhausting all available administrative remedies, which if the trustee so elects, shall also include an administrative hearing on the record. 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 section if the agency fails to make a final agency decision within 90 days after the trustee requests administrative remedies. The Attorney General shall prescribe procedures to implement this paragraph.'.
SEC. 3. 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) of this section may obtain judicial review of final agency action to deny a claim of actual, necessary expenses under this paragraph by commencing an action in the United States district court in the district where the individual resides.
- `(4) The Attorney General shall prescribe procedures to implement this subsection.'.
SEC. 4. PROCEDURES FOR AND STANDARD OF REVIEW.
- Section 157 of title 28, United States Code, is amended--
- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
- (2) by inserting after subsection (c) the following:
- `(d)(1) In conducting judicial review under section 586(d)(2) or section 586(e)(3) of this title, the district court shall determine whether to retain the case or to refer the case to a bankruptcy judge in the district. Any bankruptcy judge to whom a case is referred shall submit a recommendation for disposition to the district court based solely on a review of the administrative record before the agency, and a final order or judgment shall be entered by the district court after considering the bankruptcy judge's recommendation, and after reviewing those matters to which any party has timely and specifically objected. The decision of the agency shall be affirmed unless it is unreasonable and without cause based upon the administrative record before the agency.
- `(2)(A) The district courts of the United States shall have jurisdiction to review final agency decisions under subsection 586(d)(2) and final agency actions under subsection 586(e)(3).
- `(B) Bankruptcy judges are authorized to submit to such courts recommendations in accordance with paragraph (1).'.
Passed the House of Representatives August 3, 1998.
ROBIN H. CARLE,
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