,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eacc ,,in ,,the ,,house ,,of ,,representatives ,july #ag1 #bjad ,mr4 ,conyers 7for himself1 ,mr4 ,johnson of ,georgia1 ,ms4 ,jackson ,lee1 and ,mr4 ,cohen7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend chapter #i of title #aa of the ,united ,states ,code to improve protections for employees and retirees in municipal bankruptcies4 #a4 ,short title ,this ,act may be cited as the ,protecting ,employees and ,retirees in ,municipal ,bankruptcies ,act of #bjad4 #b4 ,determination of ,municipality ,eligibility to be a debtor ,under ,chapter #i of title #aa of the ,united ,states ,code 7a7 ,requirements ,section #aji7;c7 of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e7-- 7,a7 in subparagraph 7,b7 by inserting 7but with respect to creditors who are employees or retirees of such entity1 the term good faith shall have the same meaning as such term has in the ,national ,labor ,relations ,act7 after creditors the first place it appears1 7,b7 in subparagraph 7,c7 by striking impracticable and inserting impossible1 and 7,c7 in subparagraph 7,d7 by striking the period at the end and inserting a semicolon1 and 7#b7 by adding at the end the following3 and establishes by clear and convincing evidence that it satisfies the requirements of this subsection4 4 7b7 ,repeal of limitation on authority ,to issue stay pending appeal ,the first sentence of section #iba7;e7 of title #aa1 ,united ,states ,code1 is amended by striking 2 nor and all that follows through appeal4 7c7 ,direct immediate appeal to court of appeals ,section #aeh7;d7 of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,the appropriate court of appeals shall have jurisdiction of an appeal of a determination made by a bankruptcy court under section #aji7;c7 of title #aa that an entity is eligible to be a debtor under chapter #i of title #aa and shall consider and determine such appeal on an expedited basis4 ,such appeal shall be a direct appeal to be reviewed and heard de novo on the merits4 ,the doctrine of equitable mootness shall not apply to appeals under this paragraph4 4 #c4 ,protecting ,employees and ,retirees ,section #idc of title #aa1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#f7 by striking and at the end1 7,b7 by redesignating paragraph 7#g7 as paragraph 7#h71 and 7,c7 by inserting after paragraph 7#f7 the following3 7#g7 in a case in which the plan modifies a collective bargaining agreement1 or modifies a retiree benefit1 including an accrued pension1 retiree health1 or other retirement benefit otherwise protected by ,state or municipal law1 or a retiree benefit as defined in section #aaad7;a71 in any manner otherwise prohibited by nonbankruptcy law1 the authorized representative of the employees covered by such agreement1 or the authorized representative of individuals receiving the retiree benefits1 as the case may be1 agrees to the plan2 and 1 and 7#b7 by adding at the end the following3 7c7 7#a7 ,for purposes of this section1 and except as provided in paragraphs 7#b7 and 7#c71 the authorized representative of those individuals receiving any retiree benefit covered by any collective bargaining agreement shall be the labor organization that is signatory to such agreement unless such organization no longer represents active employees in the bargaining unit the retirees belonged to when they were active employees4 ,in such case1 the labor organization that currently represents active employees in that bargaining unit shall be the authorized representative of such individuals4 7#b7 ,paragraph 7#a7 shall not apply if-- 7,a7 such labor organization elects not to serve as the authorized representative of such individuals2 or 7,b7 the court1 upon a motion by a party in interest1 after notice and hearing1 determines that different representation of such individuals is appropriate4 7#c7 ,in a case in which the labor organization referred to in paragraph 7#b7 elects not to serve as the authorized representative of those individuals receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory1 or in a case where the court1 pursuant to paragraph 7#b7 finds different representation of such individuals appropriate1 the court1 upon a motion by a party in interest1 and after notice and a hearing1 shall order the ,united ,states trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate1 from among such individuals1 to serve as the authorized representative of such individuals under this section4 ,the party requesting such relief has the burden of proof4 7d7 ,for retired employees not covered by a collective bargaining agreement1 the court1 upon a motion by a party in interest1 and after notice and a hearing1 shall issue an order requiring the ,united ,states trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits1 or if the court otherwise determines that it is appropriate1 to serve as the authorized representative under this section of such employees4 ,such party has the burden of proof with respect to such motion4 7e7 ,to comply with an order issued under subsection 7c77#c7 or 7d71 notwithstanding any other provision of this chapter1 the ,united ,states trustee shall appoint1 on a proportional basis per capita based on organization membership1 individuals chosen from among members of organizations that represent the retirees with respect to whom such order is entered4 7f7 ,members of a committee appointed under subsection 7c77#c7 or 7d7 may not recommend modification of any right to a retiree benefit unless not less than #b_/c of such members vote in support of such recommendation4 4