[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 683 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 683
To impose requirements on the payment of compensation to professional
persons employed in voluntary cases commenced under title III of the
Puerto Rico Oversight Management and Economic Stability Act (commonly
known as ``PROMESA'').
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IN THE HOUSE OF REPRESENTATIVES
January 17, 2019
Ms. Velazquez (for herself, Miss Gonzalez-Colon of Puerto Rico, Mr.
Grijalva, Mr. Bishop of Utah, and Mr. Biggs) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To impose requirements on the payment of compensation to professional
persons employed in voluntary cases commenced under title III of the
Puerto Rico Oversight Management and Economic Stability Act (commonly
known as ``PROMESA'').
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 ``Puerto Rico Recovery Accuracy in
Disclosures Act of 2019'' or ``(PRRADA)''.
SEC. 2. DISCLOSURE BY PROFESSIONAL PERSONS EMPLOYED BY COURT ORDER.
(a) Required Disclosure.--In a voluntary case commenced under
section 304 of the Puerto Rico Oversight Management and Economic
Stability Act (commonly known as ``PROMESA''; 48 U.S.C. 2164), no
attorneys, accountants, appraisers, auctioneers, agents, consultants,
or other professional persons shall be compensated under section 316 of
PROMESA (48 U.S.C. 2176) unless prior to making a request for
compensation, such a professional person has submitted a verified
statement conforming to the disclosure requirements of rule 2014(a) of
the Federal Rules of Bankruptcy Procedure setting forth the
professional person's connections with the debtor, creditors, any other
parties in interest, their respective attorneys and accountants, the
Oversight Board, and any person employed by the Oversight Board. Such
statement shall include information on the identity of each entity or
person with whom such professional person has a connection. Such
professional person shall be required--
(1) to supplement such verified statement as additional
relevant information becomes known to such person; and
(2) to file annually a notice confirming the accuracy of
such statement.
(b) Review.--The United States Trustee shall review each verified
statement submitted pursuant to subsection (a) and may file with the
court comments on such verified statements before the professionals
filing such statements seek compensation under section 316 of PROMESA
(48 U.S.C. 2176). The United States Trustee may also object to
compensation applications filed under section 316 of PROMESA (48 U.S.C.
2176) that fail to satisfy the requirements of subsection (d) of this
Act. Each person having standing under section 1109 of title 11 of the
United States Code shall also have standing under this section. The
district court shall have jurisdiction to adjudicate all matters
arising under this section.
(c) Retroactivity.--If, at the time subsection (a) is enacted, the
court has entered orders approving compensation under cases commenced
under section 304 of PROMESA (48 U.S.C. 2164) each professional person
previously awarded compensation shall file a verified statement in
accordance with subsection (a) not later than 30 days after such
person's first request for compensation under section 316 of PROMESA
(48 U.S.C. 2176) occurring after the date of the enactment of this Act,
except that the court may not delay any proceeding in connection with a
case commenced under section 304 of PROMESA (48 U.S.C. 2164) pending
the filing of such verified statements.
(d) Limitation on Compensation.--In a voluntary case commenced
under section 304 of PROMESA (48 U.S.C. 2164), in connection with the
review and approval of professional compensation under section 316 of
PROMESA (48 U.S.C. 2176), the court may deny allowance of compensation
for services and reimbursement of expenses, accruing after the date of
the enactment of this Act of a professional person if such professional
person--
(1) has failed to file statements of connections required
by subsection (a) or has filed inadequate statements of
connections;
(2) is at any time during such professional person's
employment in such case not a disinterested person as defined
in section 101(14) of title 11 of the United States Code; or
(3) represents, or holds an interest adverse to, the
interest of the estate with respect to the matter on which such
professional person is employed, except that the qualification
standards for committee professionals shall be those set forth
in section 1103(b) of title 11 of the United States Code.
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