[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1557 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1557
To amend title 11 of the United States Code to prohibit the payment of
bonuses to highly compensated individuals employed by the debtor and
insiders of the debtor to perform services during the bankruptcy case,
and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
March 6, 2019
Mrs. Bustos (for herself, Mr. Burchett, Ms. Slotkin, and Mrs. Axne)
introduced the following bill; which was referred to the Committee on
the Judiciary
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A BILL
To amend title 11 of the United States Code to prohibit the payment of
bonuses to highly compensated individuals employed by the debtor and
insiders of the debtor to perform services during the bankruptcy case,
and for other purposes.
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 ``No Bonuses in Bankruptcy Act of
2019''.
SEC. 2. AMENDMENT.
Section 503 of title 11 of the United States Code is amended by
adding at the end the following:
``(d)(1) Notwithstanding any other provision of this section, there
shall neither be allowed nor paid a bonus to--
``(A) an individual employed by the debtor at an annual
rate of compensation exceeding $250,000;
``(B) an insider of the debtor; or
``(C) an individual employed by the debtor to the extent
that such bonus would cause that individual's annual rate of
compensation to exceed $250,000.
``(2) For purposes of this subsection, the term `bonus' means a
transfer to, or obligation incurred for the benefit of, an individual
employed by the debtor or insider of the debtor as compensation for
services in an amount that--
``(A) is in addition to the existing wages, salary, or base
compensation of an insider of the debtor or individual employed
by the debtor; and
``(B) can be construed as a form of retention, incentive,
or reward related to the services provided to the debtor by the
insider or the individual employed by the debtor.
The term `bonus' does not include a sales commission. Nor does the term
`bonus' include any transfer or obligation pursuant to the terms of a
collective bargaining agreement.
``(3) The term `an individual employed by the debtor' includes, but
is not limited to, an employee, consultant, or contractor.''.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendment made by this Act shall take effect on the date of the
enactment of this Act.
(b) Application of Amendment.--The amendment made by this Act shall
apply only with respect to cases commenced under title 11 of the United
States Code on or after the date of the enactment of this Act.
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