A bill to amend the bankruptcy act to provide for uniform supervision and control of employees of referees in bankruptcy.
PL 95-383 (S.3107), enacted 09/22/1978

PUBLIC LAW 95-383—SEPT. 22, 1978 
92 STAT. 729 
Public Law 95-383 
95th Congress 
An Act 
To ameiKl the Bankruptcy Act to provide for uniform supervision and control of 
employees of referees in bankruptcy. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That paragraphs (2) 
and (3) of subdivision a of section 62 of the Bankruptcy Act (11 
U.S.C. 102(a) (2) and (3)) are amended to read as follows: 
"(2) The actual and necessary office and other expenses of referees 
shall be authorized and approved by the Director, including compen-
sation of clerical, stenographic, and other assistants of referees at rates 
fixed by the Director, at rates not less than the rates for comparable 
services prevailing in the respective offices of the clerks of the several 
district courts, and the costs of establishing and maintaining their 
offices with equipment and supplies, adequate for their efficient and 
economical operation, including mechanical equipment and devices 
and law libraries. Such expenses may be allowed when authorized by 
a judge of the judicial district or districts in which a referee serves 
in cases of emergency where it is not feasible to secure prior authori-
zation of the Director. 
"(3) When, in the opinion of the Director, the public interest 
requires it. he may, on the recommendation of a referee, which recom-
mendation shall state facts showing the necessity for the same, allow 
the referee to employ necessary clerical, stenographic, and other 
assistants. All employees of the referee shall be utilized under the 
direct supervision of the referee exclusively in the processing of bank-
ruptcy cases. The referee may at his pleasure remove any assistant in 
liis employ. The authority of the referee to employ, direct, and remove 
assistants'may not be exercised by anyone other than the referee. The 
Director may utilize funds collected or appropriated for the referees' 
salary fund and the referees' expense fund pursuant to section 40c of 
this Act, to pay the salaries of only such clerical, stenographic, or 
other assistants as are employed under the direct supervision of the 
referee in the office of the referee: Provided, however, That salaries 
of the employees of the Bankruptcy Division of the Administrative 
Office of the United States Courts may also be paid out of such funds. 
If the office of the referee shall become vacant, the employment of his 
assistants shall not thereupon be terminated: Provided, however. That 
during such vacancy the Director may terminate the employment of 
any assistant, if, in his opinion, the services of such assistant are no 
longer needed.". 
Approved September 22, 1978. 
Sept. 22, 1978 
[S. 3107] 
Bankruptcy, 
employees of 
> 
referees, uniform 
supervision and 
control. 
11 u s e 68. 
LEGISLATIVE HISTORY: 
SENATE REPORT No. 95-984 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
July 19, considered and passed Senate. 
Sept. 8, considered and passed House.