SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Responsibility Act of
1999''.

SEC. 2. PURPOSE.

    The purpose of this Act is to promote compliance with Article I of
the United States Constitution, which grants legislative powers solely
to Congress. Article I ensures that Federal regulations will not take
effect unless passed by a majority of the members of the Senate and
House of Representatives and signed by the President, or that the
members of the Senate and House of Representatives override the
President's veto. This Act ends the practice whereby Congress delegates
its responsibility for making laws to unelected, unaccountable
officials of the executive branch and requires that regulations
proposed by agencies of the executive branch be affirmatively enacted
by Congress before they become effective. The Act will result in a more
democratic and accountable Congress and protect the public from
regulations for which elected, accountable officials are unwilling to
take responsibility.

SEC. 3. ENACTMENT OF AGENCY REGULATIONS.

    (a)  Congressional Approval.--A regulation shall not take effect
before the date of the enactment of a bill described in section 4(a)
comprised solely of the text of the regulation.
    (b)  Agency Report.--Whenever an agency promulgates a regulation,
the agency shall submit to each House of Congress a report containing
the text of the proposed regulation and an explanation of the proposed
regulation. The explanation shall consist of the concise general
statement of their basis and purpose required by section 553 of title
5, United States Code and such explanatory documents as are mandated by
other statutory requirements.

SEC. 4. EXPEDITED CONGRESSIONAL PROCEDURES FOR AGENCY REGULATIONS.

    (a) Introduction.--Not later than 3 legislative days after the date
on which an agency submits a report under section 3(b), the Majority
Leader of each House of Congress shall introduce (by request) a bill
comprised solely of the text of the regulation contained in the report.
If such a bill is not introduced in a House of Congress as provided in
the preceding sentence, then any Member of that House may introduce
such a bill.
    (b) Bill.--For purposes of this section, the term ``bill'' means a
bill of the two Houses of Congress, the matter after the enacting
clause of which is as follows: ``The following agency regulations are
hereby approved and shall have the force and effect of law:'' (the text
of the regulations being set forth after the semicolon).
    (c) Referral and Consideration.--(1) A bill described in subsection
(b) shall not be referred to a committee.
    (2) It is in order for any Member of the respective House to move
to proceed to the consideration of the bill. A Member may make the
motion only on the day after the calendar day on which the Member
announces to the House concerned the Member's intention to make the
motion. All points of order against the bill (and against consideration
of the bill) are waived. The motion is highly privileged in the House
of Representatives and is privileged in the Senate and is not
debatable. The motion is not subject to amendment, to a motion to
postpone, or to a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to proceed to the
consideration of the bill is agreed to, the respective House shall
immediately proceed to consideration of the bill without intervening
motion, order, or other business, and the bill shall remain the
unfinished business of the respective House until disposed of.
    (3) Debate on the bill, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than one hour, which
shall be divided equally between those favoring and those opposing the
bill. An amendment to the bill is not in order. A motion further to
limit debate is in order and not debatable. A motion to postpone, a
motion to proceed to the consideration of other business, or a motion
to recommit the bill is not in order. A motion to reconsider the vote
by which the bill is agreed to or disagreed to is not in order.
    (4) Appeals from the decisions of the Chair relating to the
application of the regulations of the Senate or the House of
Representatives, as the case may be, to the procedure relating to the
bill shall be decided without debate.
    (d) Final Passage.--A vote on final passage of a bill described in
subsection (b) shall be taken in a House of Congress on or before the
close of the 60th calendar day after the date of the introduction of
the bill in that House.
    (e) Exception.--A motion to suspend the application of subsections
(c) and (d) is in order in either House of Congress and shall be
considered as passed or agreed to by a vote of a majority of the
Members voting. Upon the passage of such a motion, the bill shall be
considered in the same manner as other bills.
    (f) Treatment if the Other House Has Acted.--(1) If, before the
passage by one House of a bill introduced in that House described in
subsection (b), that House receives from the other House a bill
described in subsection (b) comprised of the same text, then--
            (A) the bill of the other House shall not be referred to a
        committee and may not be considered in the House receiving it
        except in the case of final passage as provided in subparagraph
        (B)(ii); and
            (B) with respect to a bill described in subsection (b) of
        the House receiving the bill--
                    (i) the procedure in that House shall be the same
                as if no bill had been received from the other House;
                but
                    (ii) the vote on final passage shall be on the bill
                of the other House.
    (2) Upon disposition of the bill received from the other House, it
shall no longer be in order to consider the bill that originated in the
receiving House.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Agency.--The term ``agency'' has the meaning given the
        term in section 551(1) of title 5, United States Code.
            (2) Regulation.--The term ``regulation'' has the meaning
        given the term ``rule'' in section 551(4) of title 5, United
        States Code, except that such term does not include--
                    (A) any regulation of particular applicability; or
                    (B) any interpretative rule, general statement of
                policy, or any regulation of agency organization,
                personnel, procedure, or practice.

SEC. 6. EFFECTIVE DATE.

    This Act shall apply to agency regulations promulgated after the
date of the enactment of this Act.

SEC. 7. JUDICIAL REVIEW.

    A regulation contained in a bill enacted pursuant to this Act is
not an agency action for the purpose of judicial review under chapter 7
of title 5, United States Code.

Summary: Requires an agency, whenever it promulgates a regulation, to submit to each House of Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pension Plan Participant Protection
Act of 1998''.

SEC. 2. DUTIES OF THE PENSION BENEFIT GUARANTY CORPORATION WHILE
              SERVING AS TRUSTEE OF TERMINATED PLAN.

    (a) In General.--Section 4042(d)(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1342(d)(3)) is amended--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following new subparagraphs:
    ``(B) The corporation is subject to the same requirements of
reporting and disclosure in connection with a pension plan for which
the corporation is serving as trustee pursuant to this section as those
of any plan administrator of an employee pension benefit plan under
part 1 of subtitle B of title I.
    ``(C) The corporation is subject to the same fiduciary duties in
connection with a pension plan for which the corporation is serving as
trustee pursuant to this section, including the determination and
payment of plan benefits, as those of any fiduciary of an employee
pension benefit plan under part 1 of subtitle B of title I. The
corporation shall maintain such separate books and records and retain
such separate counsel on its behalf as may be necessary for carrying
out such duties.
    ``(D) For purposes of applying part 5 of subtitle B of title I in
the enforcement of subparagraphs (B) and (C)--
            ``(i) any civil monetary penalty which may be assessed by
        the Secretary of Labor against the corporation under any
        provision of section 502(c) shall be assessed in the full
        amount specified in such provision,
            ``(ii) a civil action against the corporation as fiduciary
        under section 502(a)(2) for relief under section 409 may be
        brought by any affected party, and, in any such action by an
        affected party in which the corporation is removed as trustee,
        the replacement trustee shall be selected by the court from any
        list of qualified candidates which may be provided by such
        affected party, and
            ``(iii) any review under section 502 by a district court of
        the United States of a benefit determination by the corporation
        shall be de novo.
    ``(E) In any case in which the corporation serves as trustee for a
terminated pension plan pursuant to this section, the corporation shall
issue its final determination regarding any benefit payable under the
plan not later than one year after the date of the corporation's
appointment as trustee. Any failure by the corporation to comply with
the requirements of this subparagraph shall be deemed an action of the
corporation upon which a cause of action may be brought against the
corporation under section 4003(f)(1).''.
    (b) Conforming Amendment.--Section 4023 of such Act (29 U.S.C.
1323) is amended--
            (1) by inserting ``(a)'' after ``Sec. 4023.''; and
            (2) by adding at the end the following new subsection:
    ``(b) Subsection (a) shall not apply with respect to the
corporation while the corporation is serving in its fiduciary capacity
in accordance with section 4042(d)(3)(B).''.

SEC. 3. PARTICIPANTS' COMMITTEES.

    (a) In General.--Subtitle C of title IV of the Employee Retirement
Income Security Act of 1974 is amended by inserting after section 4048
(29 U.S.C. 1348) the following new section:

                       ``participants' committees

    ``Sec. 4049. (a) In General.--
            ``(1) Appointment of committee.--Except as provided in
        paragraph (3), as soon as practicable after the appointment of
        a trustee under section 4042, the trustee shall appoint a
        committee of participants under the plan.
            ``(2) Requests for adequate representation.--On request of
        an affected party, the court may order the appointment of
additional committees of participants if necessary to assure adequate
representation of participants. The trustee shall appoint any such
committee.
            ``(3) Small businesses.--On request of an affected party in
        a case in which the plan sponsor is a small business and for
        cause, the court may order that a committee of participants not
        be appointed.
    ``(b) Membership.--A committee of participants appointed under
subsection (a) shall ordinarily consist of the persons, willing to
serve, that were in pay status under the plan as of the date of the
termination of the plan and have the seven largest nonforfeitable
benefits under the plan, or of the members of a committee organized by
participants before such date, if such committee was fairly chosen and
is representative of the participants of the plan.
    ``(c) Powers and Duties of Committees.--
            ``(1) Appointment of attorneys, accountants, etc.--At a
        scheduled meeting of a committee appointed under subsection
        (a), at which a majority of the members of such committee are
        present, and with the court's approval, such committee may
        select and authorize the employment by such committee of one or
more attorneys, accountants, or other agents to represent or perform
services for such committee.
            ``(2) Preclusion of conflicts of interest.--An attorney or
        accountant employed to represent a committee appointed under
        subsection (a) may not, while employed by such committee,
        represent any other entity having an adverse interest in
        connection with the case. Representation of one or more
        participants of the same class as represented by the committee
        shall not per se constitute the representation of an adverse
        interest.
            ``(3) Specific powers.--A committee appointed under
        subsection (a) may--
                    ``(A) consult with the trustee concerning the
                administration of the case,
                    ``(B) investigate the acts, conduct, assets,
                liabilities, and financial condition of the plan, the
                operation of the plan sponsor's financial operations,
                and the desirability of the continuance of the plan,
                and any other matter relevant to the case,
                    ``(C) participate in the formulation of the plan
                for distribution of plan assets, advise those
                represented by such committee of such committee's
                determinations as to any plan for distribution of the
                plan's assets, and collect and file with the court
                acceptances or rejections of the plan for distribution
                of plan assets,
                    ``(D) request the court for the appointment of the
                committee or any other person as an alternative
                trustee, and
                    ``(E) perform such other services as are in the
                interest of plan participants and beneficiaries.
            ``(4) Meeting with trustee.--As soon as practicable after
        the appointment of a committee under subsection (a), the
        trustee shall meet with such committee to transact such
        business as may be necessary and proper.''.
    (b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by inserting after the item relating to section
4048 the following new item:

``Sec. 4049. Participants' committees.''.

SEC. 4. TRUSTEESHIP OF TERMINATED PLANS.

    (a) In General.--Section 4042(c) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1342(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by inserting before paragraph (3) the following new
        paragraph:
    ``(2) The court may appoint the corporation, a participants'
committee, or any other person to serve as trustee under paragraph (1).
Upon the application of any two or more of the foregoing to serve as
trustee, the determination of the court of which to appoint shall be
based on its determination of which applicant is most qualified to
carry out the fiduciary duties of the trustee with respect to
participants and beneficiaries without conflicts of interest.''.
    (b) Payment or Reimbursement of Reasonable Fees and Expenses.--
Section 4042(h) of such Act (29 U.S.C. 1342(h)) is amended by adding at
the end the following new paragraph:
    ``(3) The reasonable fees and expenses of a trustee appointed under
this section (other than the corporation), of any participants'
committee, and of any counsel, accountants, actuaries, and other
professional service personnel shall be paid, directly or by means of
reimbursement, from the assets of the terminated plan.''.

SEC. 5. PARTICIPANT'S ADVOCATE.

    (a) In General.--Subtitle D of title IV of the Employee Retirement
Income Security Act of 1974 is amended by adding after section 4071 (29
U.S.C. 1371) the following new section:

                   ``office of participant's advocate

    ``(a) In General.--The Secretary of Labor shall establish in the
Department of Labor an Office of Participant's Advocate, to be headed
by a Participant's Advocate.
    ``(b) Functions.--The Participant's Advocate shall, upon request of
participants of terminated pension plans--
            ``(1) counsel participants and beneficiaries of such plans
        in connection with their rights to benefits thereunder, and
            ``(2) provide legal representation before the corporation
        and in court to such participants who have been denied benefits
        by the corporation.
    ``(c) Fees.--The Office shall require only such fees for its
services as may be prescribed in regulations of the Secretary of Labor.
    ``(d) Staff.--The Participant's Advocate shall appoint such
attorneys, actuaries, and accountants as may be necessary to assist the
Participant's Advocate in carrying out the functions of the Office, and
may appoint such additional personnel as may be necessary to provide
adequate support for the Office.
    ``(e) Notice.--Each notice of a benefit determination issued by the
corporation to a participant or beneficiary under a terminated pension
plan shall include a notice (in such form as shall be prescribed in
regulations of the Secretary of Labor) describing the services of the
Participant's Advocate's Office.''.
    (b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by inserting after the item relating to section
4071 the following new item:

``Sec. 4071. Office of Participant's Advocate.''.
    (c) Effective Date.--The Secretary of Labor shall establish the
Office of Participant's Advocate pursuant to the amendments made by
this section not later than one year after the date of the enactment of
this Act.

SEC. 6. RULES GOVERNING TRUSTEESHIP BY THE CORPORATION.

    (a) In General.--Section 4042 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1342) is amended by adding at the end
the following new subsection:
    ``(i) In any case in which the corporation serves as trustee of a
terminated pension plan under this section--
            ``(1) the corporation shall segregate assets of the
        terminated plan from the assets of any other plan or any other
        assets held by the corporation,
            ``(2) the corporation may not use any assets of the plan
        for any purpose other than payment of benefits or reasonable
        administrative expenses directly attributable to the
        termination and administration of the plan, excluding any
        generally applicable overhead expenses of the corporation, and
            ``(3) the corporation shall obtain the services of
        independent contractors in connection with the termination or
        administration of the plan only through a competitive bidding
        process.''.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to plan
terminations--
            (1) the termination date for which occurs on or after
        January 1, 1990, and
            (2) for which the final distribution of assets occurs on or
        after the date of the enactment of this Act.

Summary: Pension Plan Participant Protection Act of 1998 - Amends the Employee Retirement Income Security Act of 1974 to set forth certain protections for participants and beneficiaries of terminated pension plans. Subjects the Pension Benefit Guaranty Corporation (PBGC) to specified fiduciary duties and to reporting, disclosure, and other requirements while it serves as trustee of a terminated pension plan. Provides for assessment of civil penalties against the PBGC for violation of such requirements and duties. Allows any affected party to bring a civil action for relief against the PBGC as fiduciary. Requires the court, in any such action in which the PBGC is removed as trustee, to select the replacement trustee from a list of qualified candidates provided by the affected party. Requires the PBGC to issue its final determination regarding any benefit payable under a terminated pension plan within one year after the date of its appointment as plan trustee. Requires any review of such a PBGC benefit determination by a Federal district court to be de novo. Requires the plan trustee to appoint a committee of participants. Authorizes the court, on request of an affected party, to order: (1) the trustee to appoint additional participants' committees if necessary to assure adequate representation. And (2) that a committee of participants not be appointed in a case in which the plan sponsor is a small business. Authorizes the appropriate Federal district court to appoint as the trustee of a terminated pension plan the PBGC, a participants' committee, or any other person. Requires the court, if two or more entities apply to serve as trustee, to base the appointment on its determination of which applicant is most qualified to carry out the fiduciary duties of the trustee without conflicts of interest. Requires payment or reimbursement of reasonable fees or expenses of any trustee other than the PBGC. Directs the Secretary of Labor to establish in the Department of Labor an Office of Participant's Advocate, headed by a Participant's Advocate, which shall: (1) counsel participants and beneficiaries in connection with their benefits rights. And (2) provide legal representation before the PBGC and in court to participants denied benefits by the PBGC. Requires the PBGC, as a trustee of a terminated plan, to: (1) segregate the plan's assets from those of any other plan or any other assets held by the PBGC. (2) use the plan's assets only for payment of benefits or reasonable administrative expenses directly attributable to the plan's termination and administration. And (3) obtain the services of independent contractors in connection with the termination or administration of the plan only through a competitive bidding process.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Health Improvement
Councils Act of 2010''.

SEC. 2. COMMUNITY HEALTH IMPROVEMENT COUNCILS AND STATE HEALTH
              IMPROVEMENT TECHNICAL ASSISTANCE CENTER GRANTS.

    Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:

``SEC. 399V-5. COMMUNITY HEALTH IMPROVEMENT COUNCILS AND STATE HEALTH
              IMPROVEMENT TECHNICAL ASSISTANCE CENTER GRANTS.

    ``(a) In General.--The Secretary shall establish a program for the
creation of State Health Improvement Technical Assistance Centers and
Community Health Improvement Councils.
    ``(b) State Health Improvement Technical Assistance Center Grant
Program.--
            ``(1) In general.--The Secretary shall award grants, on a
        competitive basis, to 5 eligible entities for the purpose of
        establishing State Health Improvement Technical Assistance
        Centers designed to--
                    ``(A) improve individual and community health
                status, especially in communities and regions with poor
                health status performance;
                    ``(B) slow annual growth in health care utilization
                and medical spending;
                    ``(C) coordinate best practices among networks of
                local coalitions that result in accelerated locally
                driven issue identification and creative ways to align
                improvement efforts with payment reforms;
                    ``(D) partner with the Agency for Healthcare
                Research and Quality to design and produce the annual
                report of such agency on health care quality;
                    ``(E) serve as a resource to communities to provide
                assistance in identifying reliable national resources
                and research tools to promote health, improve health
                literacy, and accelerate the diffusion of innovations
                to improve health outcomes;
                    ``(F) partner with organizations to design and
                implement locally driven payment innovations to improve
                quality and productivity; and
                    ``(G) educate State policymakers on the benefits of
                locally driven community health improvement councils
                that engage community stakeholders, including small
                businesses, local governments, faith leaders, civic
                leaders, and consumer advocacy representatives.
            ``(2) Eligibility.--
                    ``(A) In general.--To be eligible to receive a
                grant under this subsection, an entity shall be--
                            ``(i) a private nonprofit entity with a
                        governing board comprised of \1/4\ consumer,
                        faith, minority, nonprofit and charitable
                        organization, philanthropic, and civic leaders;
                        \1/4\ purchasers of care, including employers,
                        unions, and insurers; \1/4\ local government
                        officials, including mayors, county
                        commissioners, State legislators, and public
                        health officials; and \1/4\ private health care
                        leaders and experts; or
                            ``(ii) a consortium of 2 or more of the
                        nonprofit entities described in clause (i).
                    ``(B) Preferences.--In awarding grants under this
                section, the Secretary shall give preference to
                entities that--
                            ``(i) demonstrate the capacity to attract
                        private sector or local government funding to
                        ensure fiscal sustainability;
                            ``(ii) address significant health
                        disparities, including those identified by the
                        Secretary through other Federal programs;
                            ``(iii) demonstrate coordination or
                        collaboration across governmental and
                        nongovernmental sectors;
                            ``(iv) are committed to promoting full
                        transparency of all deliberations of the
                        Technical Assistance Centers and Community
                        Health Improvement Councils; and
                            ``(v) are independent from government and
                        the financial self-interest of healthcare and
                        purchasers stakeholders.
            ``(3) Activities.--Each Technical Assistance Center
        established through a grant awarded under this subsection
        shall--
                    ``(A) establish up to 4 Community Health
                Improvement Councils, as described in subsection (c);
                    ``(B) provide technical assistance to such
                councils, including community organizing, public
                relations, communications, and public education
                services, computer networking, grants development,
                system performance monitoring, opinion surveys, data
                management, community meeting facilitation, and
                strategic planning;
                    ``(C) partner with Federal, State, and local health
                agencies, such as area health education centers, the
                Agency for Healthcare Research and Quality, public
                health departments, and insurance exchanges; and
                    ``(D) deliver an annual performance report to the
                Secretary and the nonprofit entity receiving the grant,
                containing data regarding improvements in local and
                State health status, clinical outcomes, reductions in
                medical spending growth, and health care disparities.
            ``(4) Funding.--
                    ``(A) In general.--Each Technical Assistance Center
                established under a grant awarded under this subsection
                shall receive an award in an amount determined by the
                Secretary, but not to exceed $1,500,000 per year for 3
                years.
                    ``(B) Use of funds.--Each such Technical Assistance
                Center shall allocate 80 percent of the total amount
                awarded each year to the Community Health Improvement
                Councils established by such recipient under paragraph
                (3)(B).
    ``(c) Community Health Improvement Councils.--In this section,
`Community Health Improvement Council' means a locally driven, private
nonprofit entity that serves as the neutral convener for engaging
providers and insurers, that fully engages patients and citizens in
coordinating and improving the health care delivery system through
community-wide education programs to promote healthier lifestyles,
improve local or regional health status, clinical outcomes, and
reductions in the growth in medical spending and health disparities
through any of the following approaches:
            ``(1) Promotion of wellness, prevention and expanded public
        health and consumer education efforts.
            ``(2) Enhancement of the care delivery experience through
        local health system infrastructure and care redesign changes
        such as the primary care medical home, accelerated information
        exchange implementation, community-wide chronic disease
        management programs, and all-payer evidence-based clinical
        protocols.
            ``(3) Alignment of provider and consumer financial
        incentives through accelerated payer experiments with non-fee-
        for-service payment arrangements and innovative consumer
        incentives built into the benefits design of health plans.
            ``(4) Restructuring of local health care governance, such
        as--
                    ``(A) formation of accountable care teams across
                medical practices and institutions;
                    ``(B) integration of primary care and public
                health; and
                    ``(C) integration of doctors and hospitals.
            ``(5) Track, document, and make publicly available, in a
        transparent manner, system performance and improvement.
    ``(d) Report.--The Secretary shall submit to Congress an annual
report on the grant program under this section, including both local
and State progress toward improvement of health status, clinical
outcomes, and reductions in the growth of medical spending.''.

Summary: Community Health Improvement Councils Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a program for the creation of State Health Improvement Technical Assistance Centers and Community Health Improvement Councils to improve community health through local innovation. Defines Community Health Improvement Council to mean a locally driven, private, nonprofit entity that serves as the neutral convener for engaging providers and insurers and that fully engages patients and citizens in coordinating and improving the health care delivery system through community-wide education programs to promote healthier lifestyles, improve local or regional health status, clinical outcomes, and reductions in the growth in medical spending and health disparities through various approaches. Requires the Secretary to award competitive grants to five eligible entities to establish State Health Improvement Technical Assistance Centers, each of which shall: (1) establish up to four Community Health Improvement Councils, (2) provide technical assistance to such Councils. And (3) report on improvements in local and state health status, clinical outcomes, reductions in medical spending growth, and health care disparities. Requires the Secretary, in awarding grants, to give preference to entities that: (1) demonstrate the capacity to attract private sector or local government funding to ensure fiscal sustainability, (2) address significant health disparities, (3) demonstrate coordination or collaboration across governmental and nongovernmental sectors. (4) are committed to promoting full transparency of all deliberations of the Technical Assistance Centers and Community Health Improvement Councils. And (5) are independent from government and the financial self-interest of health care and purchasers stakeholders.

A bill to establish community health improvement councils and State health improvement technical assistance center grants.


SECTION 1. MODIFICATION OF MONTH OF DEATH BENEFIT FOR SURVIVING SPOUSES
              OF VETERANS WHO DIE WHILE ENTITLED TO COMPENSATION OR
              PENSION.

    (a) Surviving Spouse Benefit for Month of Veteran's Death.--
Subsections (a) and (b) of section 5310 of title 38, United States
Code, are amended to read as follows:
    ``(a) In General.--(1) A surviving spouse of a veteran is entitled
to a benefit for the month of the veteran's death if at the time of the
veteran's death--
            ``(A) the veteran was receiving compensation or pension
        under chapter 11 or 15 of this title; or
            ``(B) the veteran was not receiving compensation or pension
        under chapter 11 or 15 of this title but the veteran had a
        claim pending for the month of the veteran's death for which
        benefits would have been payable under chapter 11 or 15 of this
        title had the veteran not died.
    ``(2) The amount of benefit under paragraph (1) is the amount that
the veteran would have received under chapter 11 or 15 of this title
for the month of the veteran's death had the veteran not died.
    ``(3) Any benefits payable under this section on behalf of a
veteran who was not in receipt of such benefits as of the month of the
veteran's death shall be paid to the surviving spouse as accrued
benefits.
    ``(b) Claims Pending Adjudication.--If a claim for entitlement to
compensation or additional compensation under chapter 11 of this title
or pension or additional pension under chapter 15 of this title is
pending at the time of a veteran's death and the check or other payment
issued to the veteran's surviving spouse under subsection (a) is less
than the amount of the benefit the veteran would have been entitled to
for the month of death pursuant to the adjudication of the pending
claim, an amount equal to the difference between the amount to which
the veteran would have been entitled to receive under chapter 11 or 15
of this title for the month of the veteran's death had the veteran not
died and the amount of the check or other payment issued to the
surviving spouse shall be treated in the same manner as an accrued
benefit under section 5121 of this title.''.
    (b) Month of Death Benefit Exempt From Delayed Commencement of
Payment.--Section 5111(c)(1) of such title is amended by striking
``apply to'' and all that follows through ``death occurred'' and
inserting the following: ``not apply to payments made pursuant to
section 5310 of this title''.
    (c) Prohibition on Requests for Return of Certain Checks and
Payments.--In the case of a surviving spouse who was a dependent with
respect to whom additional compensation for dependents was payable
under section 1115 of title 38, United States Code, or additional
pension as a married veteran under chapter 15 of such title, as of the
date of the veteran's death, if a check or other payment issued to the
veteran as a benefit payment under chapter 11 or 15 of title 38, United
States Code, for the month in which death occurs is negotiated,
deposited, or otherwise accessed by the surviving spouse--
            (1) the check or payment shall be considered to be the
        benefit payable to the surviving spouse under section
        5310(a)(1) of title 38, United States Code (as amended by
        subsection (a)), to the extent that the check or payment equals
        the amount which would otherwise be payable under such section;
        and
            (2) the Secretary may not require the surviving spouse to
        return the check or payment.
    (d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to deaths that occur on or after that date.

SEC. 2. ELIGIBILITY FOR PRESIDENTIAL MEMORIAL CERTIFICATES OF
              INDIVIDUALS WHO DIE WHILE SERVING IN THE ACTIVE MILITARY,
              NAVAL, OR AIR SERVICE.

    Section 112 of title 38, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a)(1) At the request of the President, the Secretary may conduct
a program for honoring the memory of covered individuals by preparing
and sending to eligible recipients a certificate bearing the signature
of the President and expressing the country's recognition of the
covered individual's service in the Armed Forces.
    ``(2) The award of a certificate to one eligible recipient shall
not preclude authorization of another certificate if a request is
received from some other eligible recipient.'';
            (2) by redesignating subsections (b) and (c) as subsections
        (c) and (d), respectively; and
            (3) by inserting after subsection (a) the following new
        subsection (b):
    ``(b) For purposes of this section, a covered individual is any of
the following:
            ``(1) A deceased veteran discharged under honorable
        conditions.
            ``(2) An individual who dies while serving in the active
        military, naval, or air service.''.

SEC. 3. MODIFICATION TO AUTHORIZE SATISFACTION OF OCCUPANCY REQUIREMENT
              ON PROPERTY FINANCED WITH HOUSING LOAN BENEFITS FOR
              VETERANS BY OCCUPANCY OF DEPENDENT CHILDREN.

    Paragraph (2) of section 3704(c) of title 38, United States Code,
is amended to read as follows:
    ``(2) In any case in which a veteran is in active duty status as a
member of the Armed Forces and is unable to occupy a property because
of such status, the occupancy requirements of this chapter shall be
considered to be satisfied if--
            ``(A) the veteran's spouse occupies or intends to occupy
        the property as a home and the spouse makes the certification
        required by paragraph (1); or
            ``(B) the veteran's dependent child occupies or will occupy
        the property as a home and the veteran's attorney-in-fact or a
        legal guardian of the veteran's dependent child makes the
        certification required by paragraph (1).''.

SEC. 4. COVENANTS AND LIENS CREATED BY PUBLIC ENTITIES IN RESPONSE TO
              DISASTER-RELIEF ASSISTANCE.

    Paragraph (3) of section 3703(d) of title 38, United States Code,
is amended to read as follows:
    ``(3)(A) Any real estate housing loan (other than for repairs,
alterations, or improvements) shall be secured by a first lien on the
realty. In determining whether a loan is so secured, the Secretary may
either disregard or allow for subordination to a superior lien created
by a duly recorded covenant running with the realty in favor of--
            ``(i) a public entity that has provided or will provide
        assistance in response to a major disaster as declared by the
        President under section 401 of the Robert T. Stafford Disaster
        Relief and Emergency Assistance Act (42 U.S.C. 5170); or
            ``(ii) a private entity to secure an obligation to such
        entity for the homeowner's share of the costs of the
        management, operation, or maintenance of property, services, or
        programs within and for the benefit of the development or
        community in which the veteran's realty is located, if the
        Secretary determines that the interests of the veteran borrower
        and of the Government will not be prejudiced by the operation
        of such covenant.
    ``(B) With respect to any superior lien described in subparagraph
(A) created after June 6, 1969, the Secretary's determination under
clause (ii) of such subparagraph must have been made prior to the
recordation of the covenant.''.

Summary: Entitles a surviving spouse to a benefit for the month of a veteran's death if, at the time of the veteran's death: (1) the veteran was receiving veterans' disability compensation or veteran's pension, or (2) the veteran was not receiving such compensation or pension but had a claim pending for the month of the veteran's death for which benefits would have been payable had the veteran not died. Prohibits the Secretary of Veterans Affairs (VA) from requesting the return of a check or payment made to a surviving spouse, in the month in which the veteran's death occurs, as additional compensation for a dependent or additional pension as a married veteran. Includes under the VA's presidential memorial certificate program an individual who dies during active service. Considers a veteran who is unable to occupy a home because of active-duty status to have satisfied the occupancy requirement relating to housing financed through the VA if the veteran's dependent child is occupying or will occupy the home and the veteran's attorney or a legal guardian of the dependent child makes the VA-required occupancy certification. Authorizes the VA to guarantee a veterans' housing loan regardless of whether such loan is subordinate to a lien created in favor of a public entity that provides assistance in response to a major disaster.

A bill to amend title 38, United States Code, to modify the provision of compensation and pension to surviving spouses of veterans in the months of the deaths of the veterans, to improve housing loan benefits for veterans, and for other purposes.


SECTION 1. FINDINGS.

    Congress finds that--
        (1) among its purposes, the Act entitled ``An Act to provide
    for the equalization of allotments on the Agua Caliente (Palm
    Springs) Reservation in California, and for other purposes'',
    approved September 21, 1959, commonly known as the ``Agua Caliente
    Equalization Act of 1959'' (25 U.S.C. 951 et seq.) (referred to in
    this section as the ``Act'') was intended to provide for a
    reasonable degree of equalization of the value of allotments made
    to members of the Agua Caliente Band of Cahuilla Indians;
        (2) the Act was enacted in response to litigation in Federal
    courts in Segundo, et al. v. United States, 123 F. Supp. 554
    (1954);
        (3) the case referred to in paragraph (2) was appealed under
    the case name United States v. Pierce, 235 F. 2d 885 (1956) and
    that case affirmed the entitlement of certain members of the Band
    to allotments of approximately equal value to lands allotted to
    other members of the Band;
        (4)(A) to achieve the equalization referred to in paragraph
    (3), section 3 of the Act (25 U.S.C. 953) provided for the
    allotment or sale of all remaining tribal lands, with the exception
    of several specifically designated parcels, including 2 parcels in
    the Mineral Springs area known as parcel A and parcel B;
        (B) section 3 of the Act restricted the distribution of any net
    rents, profits, or other revenues derived from parcel B to members
    of the Band and their heirs entitled to equalization of the value
    of the allotments of those members;
        (C) from 1959 through 1984, each annual budget of the Band, as
    approved by the Bureau of Indian Affairs, provided for expenditure
    of all revenues derived from both parcel A and parcel B solely for
    tribal governmental purposes; and
        (D) as a result of the annual budgets referred to in
    subparagraph (C), no net revenues from parcel B were available for
    distribution to tribal members entitled to equalization under
    section 3 of the Act referred to in paragraph (1);
        (5) by letter of December 6, 1961, the Director of the
    Sacramento Area Office of the Bureau of Indian Affairs informed the
    regional solicitor of the Bureau of Indian Affairs that the
    equalization of allotments on the Agua Caliente Reservation with
    respect to those members of the Band who were eligible for
    equalization had been completed using all available excess tribal
    land in a manner consistent with--
            (A) the decree of the court in the case referred to in
        paragraph (2); and
            (B) the Act;
        (6) in 1968, the files of the Department of the Interior with
    respect to the case referred to in paragraph (3), the closure of
    which was contingent upon completion of the equalization program,
    were retired to the Federal Record Center, where they were
    subsequently destroyed;
        (7) on March 16, 1983, the Secretary of the Interior published
    notice in the Federal Register that full equalization had been
    achieved within the meaning of section 7 of the Act (25 U.S.C.
    957);
        (8) section 7 of the Act states that ``allotments in accordance
    with the provisions of this Act shall be deemed complete and full
    equalization of allotments on the Agua Caliente Reservation''; and
        (9) the regulations governing the equalization of allotments
    under the Act referred to in paragraph (1) were rescinded by the
    Secretary, effective March 31, 1983.

SEC. 2. DEFINITIONS.

    In this Act:
        (1) Band.--The term ``Band'' means the Agua Caliente Band.
        (2) Parcel b.--The term ``parcel B'' means the parcel of land
    in the Mineral Springs area referred to as ``parcel B'' in section
    3(b) of the Act entitled ``An Act to provide for the equalization
    of allotments on the Agua Caliente (Palm Springs) Reservation in
    California, and for other purposes'', approved September 21, 1959,
    commonly known as the ``Agua Caliente Equalization Act of 1959''
    (25 U.S.C. 953(b)).
        (3) Secretary.--The term ``Secretary'' means the Secretary of
    the Interior.

SEC. 3. EQUALIZATION OF ALLOTMENTS.

    (a) In General.--The full equalization of allotments within the
meaning of section 7 of the Act entitled ``An Act to provide for the
equalization of allotments on the Agua Caliente (Palm Springs)
Reservation in California, and for other purposes'', approved September
21, 1959, commonly known as the ``Agua Caliente Equalization Act of
1959'' (25 U.S.C. 957) is deemed to have been completed.
    (b) Expiration of Entitlement.--By reason of the achievement of the
full equalization of allotments described in subsection (a), the
entitlement of holders of equalized allotments to distribution of net
revenues from parcel B under section 3(b) of the Act entitled ``An Act
to provide for the equalization of allotments on the Agua Caliente
(Palm Springs) Reservation in California, and for other purposes'',
approved September 21, 1959, commonly known as the ``Agua Caliente
Equalization Act of 1959'' (25 U.S.C. 953(b)) shall be deemed to have
expired.

SEC. 4. REMOVAL OF RESTRICTION.

    (a) In General.--The fourth undesignated paragraph in section 3(b)
of the Act entitled ``An Act to provide for the equalization of
allotments on the Agua Caliente (Palm Springs) Reservation in
California, and for other purposes'', approved September 21, 1959,
commonly known as the ``Agua Caliente Equalization Act of 1959'' (25
U.S.C. 953(b)), is amended by striking ``east: Provided,'' and all that
follows through the end of the paragraph and inserting ``east.''.
    (b) Applicability.--The amendment made by subsection (a) shall
apply as if this section had been enacted on March 31, 1983.
    (c) Subsequent Distributions.--Any per capita distribution of
tribal revenues of the Band made after the date of enactment of this
Act shall be made to all members of the Band in equal amounts.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Deems: (1) the full equalization of allotments under the Agua Caliente Equalization Act of 1959 to have been completed. And (2) the entitlement of holders of equalized allotments to distribution of net revenues from parcel B under such Act to have expired. Amends Federal law relating to the Agua Caliente Reservation in California to repeal the restriction on the distribution of net rents, profits, and other revenues from the Mineral Springs parcel to certain members of the Agua Caliente Band of Cahuilla Indians. Makes such repeal applicable as if enacted on March 31, 1983. Provides for any per capita distribution of tribal revenues to be made to all members of the Band in equal amounts.

To remove the restriction on the distribution of certain revenues from the Mineral Springs parcel to certain members of the Agua Caliente Band of Cahuilla Indians.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ANCSA Unrecognized Community
Landless Natives Authorization Act of 2017''.

SEC. 2. UNRECOGNIZED SOUTHEAST ALASKA NATIVE COMMUNITIES RECOGNITION
              AND COMPENSATION.

    (a) Purpose.--The purpose of this section is to redress the
omission of the southeastern Alaska communities of Haines, Ketchikan,
Petersburg, Tenakee, and Wrangell from eligibility by authorizing the
Native people enrolled in the communities--
            (1) to form Urban Corporations for the communities under
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
        seq.); and
            (2) to receive certain settlement land pursuant to that
        Act.
    (b) Establishment of Additional Native Corporations.--Section 16 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by
adding at the end the following:
    ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell, Alaska.--
            ``(1) In general.--The Native residents of each of the
        Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and
        Wrangell, Alaska, may organize as Urban Corporations.
            ``(2) Effect on entitlement to land.--Nothing in this
        subsection affects any entitlement to land of any Native
        Corporation established before the date of enactment of this
        subsection pursuant to this Act or any other provision of
        law.''.
    (c) Shareholder Eligibility.--Section 8 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1607) is amended by adding at the end the
following:
    ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell.--
            ``(1) In general.--The Secretary shall enroll to each of
        the Urban Corporations for Haines, Ketchikan, Petersburg,
        Tenakee, or Wrangell those individual Natives who enrolled
        under this Act to the Native Villages of Haines, Ketchikan,
        Petersburg, Tenakee, or Wrangell, respectively.
            ``(2) Number of shares.--Each Native who is enrolled to an
        Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee,
        or Wrangell pursuant to paragraph (1) and who was enrolled as a
        shareholders of the Regional Corporation for Southeast Alaska
        on or before March 30, 1973, shall receive 100 shares of
        Settlement Common Stock in the respective Urban Corporation.
            ``(3) Natives receiving shares through inheritance.--If a
        Native received shares of stock in the Regional Corporation for
        Southeast Alaska through inheritance from a decedent Native who
        originally enrolled to the Native Village of Haines, Ketchikan,
        Petersburg, Tenakee, or Wrangell and the decedent Native was
        not a shareholder in a Village or Urban Corporation, the Native
        shall receive the identical number of shares of Settlement
        Common Stock in the Urban Corporation for Haines, Ketchikan,
        Petersburg, Tenakee, or Wrangell as the number of shares
        inherited by that Native from the decedent Native who would
        have been eligible to be enrolled to the respective Urban
        Corporation.
            ``(4) Effect on entitlement to land.--Nothing in this
        subsection affects entitlement to land of any Regional
        Corporation pursuant to section 12(b) or 14(h)(8).''.
    (d) Distribution Rights.--Section 7 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606) is amended--
            (1) in subsection (j)--
                    (A) by striking ``(j) During'' and inserting the
                following:
    ``(j) Distribution of Corporate Funds and Other Net Income.--
            ``(1) In general.--During'';
                    (B) by striking ``Not less'' and inserting the
                following:
            ``(2) Minimum allocation.--Not less'';
                    (C) by striking ``In the case'' and inserting the
                following:
            ``(3) Thirteenth regional corporation.--In the case''; and
                    (D) by adding at the end the following:
            ``(4) Native villages of haines, ketchikan, petersburg,
        tenakee, and wrangell.--Native members of the Native Villages
        of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who
        become shareholders in an Urban Corporation for such a Native
        Village shall continue to be eligible to receive distributions
        under this subsection as at-large shareholders of the Regional
        Corporation for Southeast Alaska.''; and
            (2) by adding at the end the following:
    ``(s) Effect of Amendatory Act.--Section 2 of the ANCSA
Unrecognized Community Landless Natives Authorization Act of 2017 and
the amendments made by that section shall not affect--
            ``(1) the ratio for determination of revenue distribution
        among Native Corporations under this section; or
            ``(2) the settlement agreement among Regional Corporation
        or Village Corporations or other provisions of subsection (i)
        or (j).''.
    (e) Compensation.--The Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) is amended by adding at the end the following:

``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG,
              TENAKEE, AND WRANGELL.

    ``(a) Offer of Compensation.--
            ``(1) In general.--On incorporation of the Urban
        Corporations for Haines, Ketchikan, Petersburg, Tenakee, and
        Wrangell, the Secretary, in consultation and coordination with
        the Secretary of Commerce, and in consultation with
        representatives of each such Urban Corporation and the Regional
        Corporation for Southeast Alaska, shall offer as compensation,
        pursuant to this Act, 1 township of land (23,040 acres) to each
        of the Urban Corporations for Haines, Ketchikan, Petersburg,
        Tenakee, and Wrangell, in accordance with this subsection.
            ``(2) Local areas of historical, cultural, traditional, and
        economic importance.--
                    ``(A) In general.--The Secretary shall offer as
                compensation under this subsection local areas of
                historical, cultural, traditional, and economic
                importance to Alaska Natives from the Villages of
                Haines, Ketchikan, Petersburg, Tenakee, or Wrangell.
                    ``(B) Selection of land.--In selecting the land to
                be withdrawn and conveyed pursuant to this section, the
                Secretary--
                            ``(i) shall give preference to land with
                        commercial purposes;
                            ``(ii) may include subsistence and cultural
                        sites, aquaculture sites, hydroelectric sites,
                        tideland, surplus Federal property, and eco-
                        tourism sites; and
                            ``(iii) shall not include land within a
                        conservation system unit (as defined in section
                        102 of the Alaska National Interest Lands
                        Conservation Act (16 U.S.C. 3102)).
                    ``(C) Contiguous, compact sites.--The land selected
                pursuant to this section shall be contiguous and
                reasonably compact tracts if practicable.
                    ``(D) Valid existing rights.--The land selected
                pursuant to this section shall be subject to all valid
                existing rights and all other provisions of section
                14(g), including any lease, contract, permit, right-of-
                way, or easement (including a lease issued under
                section 6(g) of the Act of July 7, 1958 (commonly known
                as the `Alaska Statehood Act') (48 U.S.C. note prec.
                21; Public Law 85-508)).
    ``(b) Acceptance or Rejection of Offer.--
            ``(1) In general.--Not later than 1 year after the date of
        the offer of compensation from the Secretary under subsection
        (a), each of the Urban Corporations for Haines, Ketchikan,
        Petersburg, Tenakee, and Wrangell shall accept or reject the
        offer.
            ``(2) Resolution.--To accept or reject the offer, each such
        Urban Corporation shall provide to the Secretary a properly
        executed and certified corporate resolution that states that
        the offer proposed by the Secretary was voted on, and either
        approved or rejected, by a majority of the shareholders of the
        Urban Corporation.
            ``(3) Rejection of offer.--If the offer is rejected--
                    ``(A) the Secretary, in consultation with
                representatives of the Urban Corporation that rejected
                the offer and the Regional Corporation for Southeast
                Alaska, shall revise the offer; and
                    ``(B) the Urban Corporation shall have an
                additional 180 days within which to accept or reject
                the revised offer.
    ``(c) Withdrawal and Conveyance of Land and Title.--Not later than
180 days after receipt of a corporate resolution of an Urban
Corporation approving an offer of the Secretary under subsection
(b)(1), the Secretary shall (as appropriate)--
            ``(1) withdraw the land;
            ``(2) convey to the Urban Corporation title to the surface
        estate of the land; and
            ``(3) convey to the Regional Corporation for Southeast
        Alaska title the subsurface estate for the land.
    ``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases,
and Appurtenances.--The Secretary shall, without consideration of
compensation, convey to the Urban Corporations of Haines, Ketchikan,
Petersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all
right, title, and interest of the United States in all roads, trails,
log transfer facilities, leases, and appurtenances on or related to the
land conveyed to the Corporations pursuant to subsection (c).
    ``(e) Settlement Trust.--
            ``(1) In general.--The Urban Corporations of Haines,
        Ketchikan, Petersburg, Tenakee, and Wrangell may establish a
        settlement trust in accordance with section 39 for the purposes
        of promoting the health, education, and welfare of the trust
        beneficiaries, and preserving the Native heritage and culture,
        of the communities of Haines, Ketchikan, Petersburg, Tenakee,
        and Wrangell, respectively.
            ``(2) Proceeds and income.--The proceeds and income from
        the principal of a trust established under paragraph (1)
        shall--
                    ``(A) first be applied to the support of those
                enrollees, and the descendants of the enrollees, who
                are elders or minor children; and
                    ``(B) then to the support of all other
                enrollees.''.

Summary: ANCSA Unrecognized Community Landless Natives Authorization Act of 2017 This bill amends the Alaska Native Claims Settlement Act to permit the Alaska Native residents of each of the Alaska Native villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Alaska Native urban corporations and to receive certain settlement land. These urban corporations may establish a settlement trust to promote the health, education, and welfare of the trust beneficiaries, and preserve the Alaska Native heritage and culture of their communities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Access to Investment Research
Act of 2016''.

SEC. 2. SAFE HARBOR FOR INVESTMENT FUND RESEARCH.

    (a) Expansion of the Safe Harbor.--Not later than the end of the
45-day period beginning on the date of enactment of this Act, the
Securities and Exchange Commission shall propose, and not later than
the end of the 180-day period beginning on such date, the Commission
shall adopt, upon such terms, conditions, or requirements as the
Commission may determine necessary or appropriate in the public
interest, for the protection of investors, and for the promotion of
capital formation, revisions to section 230.139 of title 17, Code of
Federal Regulations, to provide that a covered investment fund research
report that is published or distributed by a broker or dealer--
            (1) shall be deemed, for purposes of sections 2(a)(10) and
        5(c) of the Securities Act of 1933 (15 U.S.C. 77b(a)(10),
        77e(c)), not to constitute an offer for sale or an offer to
        sell a security that is the subject of an offering pursuant to
        a registration statement that is effective, even if the broker
        or dealer is participating or will participate in the
        registered offering of the covered investment fund's
        securities; and
            (2) shall be deemed to satisfy the conditions of paragraph
        (a)(1) or (a)(2) of section 230.139 of title 17, Code of
        Federal Regulations, or any successor provisions, for purposes
        of the Commission's rules and regulations under the Federal
        securities laws and the rules of any self-regulatory
        organization.
    (b) Implementation of Safe Harbor.--In implementing the safe harbor
pursuant to subsection (a), the Commission shall--
            (1) not, in the case of a covered investment fund with a
        class of securities in substantially continuous distribution,
        condition the safe harbor on whether the broker's or dealer's
        publication or distribution of a covered investment fund
        research report constitutes such broker's or dealer's
        initiation or reinitiation of research coverage on such covered
        investment fund or its securities;
            (2) not--
                    (A) require the covered investment fund to have
                been registered as an investment company under the
                Investment Company Act of 1940 (15 U.S.C. 80a-1 et
                seq.) or subject to the reporting requirements of
                section 13 or 15(d) of the Securities Exchange Act of
                1934 (15 U.S.C. 78m, 78o(d)) for any period exceeding
                the period of time referenced under paragraph
                (a)(1)(i)(A)(1) of section 230.139 of title 17, Code of
                Federal Regulations; or
                    (B) impose a minimum float provision exceeding that
                referenced in paragraph (a)(1)(i)(A)(1)(i) of section
                230.139 of title 17, Code of Federal Regulations;
            (3) provide that a self-regulatory organization may not
        maintain or enforce any rule that would--
                    (A) prohibit the ability of a member to publish or
                distribute a covered investment fund research report
                solely because the member is also participating in a
                registered offering or other distribution of any
                securities of such covered investment fund; or
                    (B) prohibit the ability of a member to participate
                in a registered offering or other distribution of
                securities of a covered investment fund solely because
                the member has published or distributed a covered
                investment fund research report about such covered
                investment fund or its securities; and
            (4) provide that a covered investment fund research report
        shall not be subject to section 24(b) of the Investment Company
        Act of 1940 (15 U.S.C. 80a-24(b)) or the rules and regulations
        thereunder, except that such report may still be subject to
        such section and the rules and regulations thereunder to the
        extent that it is otherwise not subject to the content
        standards in the rules of any self-regulatory organization
        related to research reports, including those contained in the
        rules governing communications with the public regarding
        investment companies or substantially similar standards.
    (c) Rules of Construction.--Nothing in this Act shall be construed
as in any way limiting--
            (1) the applicability of the antifraud or antimanipulation
        provisions of the Federal securities laws and rules adopted
        thereunder to a covered investment fund research report,
        including section 17 of the Securities Act of 1933 (15 U.S.C.
        77q), section 34(b) of the Investment Company Act of 1940 (15
        U.S.C. 80a-33(b)), and sections 9 and 10 of the Securities
        Exchange Act of 1934 (15 U.S.C. 78i, 78j); or
            (2) the authority of any self-regulatory organization to
        examine or supervise a member's practices in connection with
        such member's publication or distribution of a covered
        investment fund research report for compliance with applicable
        provisions of the Federal securities laws or self-regulatory
        organization rules related to research reports, including those
        contained in rules governing communications with the public.
    (d) Interim Effectiveness of Safe Harbor.--
            (1) In general.--From and after the 180-day period
        beginning on the date of enactment of this Act, if the
        Commission has not adopted revisions to section 230.139 of
        title 17, Code of Federal Regulations, as required by
        subsection (a), and until such time as the Commission has done
        so, a broker or dealer distributing or publishing a covered
        investment fund research report after such date shall be able
        to rely on the provisions of section 230.139 of title 17, Code
        of Federal Regulations, and the broker or dealer's publication
        of such report shall be deemed to satisfy the conditions of
        paragraph (a)(1) or (a)(2) of that section if the covered
        investment fund that is the subject of such report satisfies
        the reporting history requirements (without regard to Form S-3
        or Form F-3 eligibility) and minimum float provisions of such
        subsections for purposes of the Commission's rules and
        regulations under the Federal securities laws and the rules of
        any self-regulatory organization, as if revised and implemented
        in accordance with subsections (a) and (b).
            (2) Status of covered investment fund.--After such period
        and until the Commission has adopted revisions to section
        230.139 of title 17, Code of Federal Regulations, and FINRA has
        revised rule 2210, for purposes of subsection (c)(7)(O) of such
        rule, a covered investment fund shall be deemed to be a
        security that is listed on a national securities exchange and
        that is not subject to section 24(b) of the Investment Company
        Act of 1940 (15 U.S.C. 80a-24(b)). Communications concerning
        only covered investment funds that fall within the scope of
        such section shall not be required to be filed with FINRA.
    (e) Definitions.--For purposes of this Act:
            (1) The term ``covered investment fund research report''
        means a research report published or distributed by a broker or
        dealer about a covered investment fund or any securities issued
        by the covered investment fund, but does not include a research
        report to the extent that the research report is published or
        distributed by the covered investment fund or any affiliate of
        the covered investment fund.
            (2) The term ``covered investment fund'' means--
                    (A) an investment company registered under, or that
                has filed an election to be treated as a business
                development company under, the Investment Company Act
                of 1940 (15 U.S.C. 80a-1 et seq.) and that has filed a
                registration statement under the Securities Act of 1933
                (15 U.S.C. 77a et seq.) for the public offering of a
                class of its securities, which registration statement
                has been declared effective by the Commission; and
                    (B) a trust or other person--
                            (i) issuing securities in an offering
                        registered under the Securities Act of 1933 and
                        which class of securities is listed for trading
                        on a national securities exchange;
                            (ii) the assets of which consist primarily
                        of commodities, currencies, or derivative
                        instruments that reference commodities or
                        currencies, or interests in the foregoing; and
                            (iii) that provides in its registration
                        statement under the Securities Act of 1933 that
                        a class of its securities are purchased or
                        redeemed, subject to conditions or limitations,
                        for a ratable share of its assets.
            (3) The term ``FINRA'' means the Financial Industry
        Regulatory Authority.
            (4) The term ``research report'' has the meaning given that
        term under section 2(a)(3) of the Securities Act of 1933 (15
        U.S.C. 77b(a)(3)), except that such term shall not include an
        oral communication.
            (5) The term ``self-regulatory organization'' has the
        meaning given to that term under section 3(a)(26) of the
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(26)).

Summary: Fair Access to Investment Research Act of 2016 This bill directs the Securities and Exchange Commission (SEC) to revise a specified regulation to create a safe harbor for certain publications or distributions of research reports by brokers or dealers distributing securities. The revised regulation shall declare that a published or distributed investment fund research report shall not be deemed to constitute an offer for sale or an offer to sell a security that is the subject of the offering pursuant to an effective registration statement, even if the broker or dealer is participating or will participate in the registered offering of the covered investment fund's securities. The covered investment fund research report shall indeed be deemed to satisfy the regulation's requirements as well as those of any self-regulatory organization. The SEC shall not impose specified conditions and requirements when implementing the safe harbor. Until the SEC has adopted such safe harbor revisions, and the Financial Industry Regulatory Authority (FINRA) has revised a related rule, a covered investment fund shall be deemed to be a security listed on a national securities exchange that is not subject to a certain filing requirement of the Investment Company Act of 1940.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Labor Relations
Reorganization Act of 2011''.

SEC. 2. REFERENCES.

    Whenever in this Act an amendment is expressed as an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of the National Labor Relations
Act (29 U.S.C. 151 et seq.).

SEC. 3. ABOLISHMENT OF THE NATIONAL LABOR RELATIONS BOARD.

    (a) Abolishment of Board.--Effective on the date provided in
subsection (c), the National Labor Relations Board is abolished.
    (b) Repeal of Authority.--Sections 3, 4, and 5 of the Act are
repealed.
    (c) Effective Date.--This section shall take effect on the date
that is 30 days after the date of enactment of this Act.

SEC. 4. TRANSFER OF AUTHORITY FOR REPRESENTATIVE ELECTIONS TO OFFICE OF
              LABOR-MANAGEMENT STANDARDS.

    (a) Transfer of Authority.--The functions and responsibilities of
the National Labor Relations Board for overseeing elections under
section 9 of the National Labor Relations Act, and any related
authorities and functions under that Act, are hereby transferred to the
Secretary of Labor, to be carried out through the Office of Labor-
Management Standards.
    (b) Amendments to the NLRA.--
            (1) Definition.--Paragraph (10) of section 2 (29 U.S.C.
        152) is amended to read as follows:
            ``(10) The term `Secretary' means the Secretary of Labor,
        acting through the office of Labor-Management Standards of the
        Department of Labor.''.
            (2) Authority for supervising elections.--Section 9 (29
        U.S.C. 159) is amended by striking ``Board'' each place it
        appears and inserting ``Secretary''.
            (3) Rules and regulations.--
                    (A) Authority.--Section 6 (29 U.S.C. 156) is
                amended by striking ``Board'' and inserting
                ``Secretary''.
                    (B) Preservation of existing regulations.--Rules
                and regulations issued under the National Labor
                Relations Act prior to and in effect on the day before
                the date of enactment of this Act shall continue in
                effect and shall be considered to be rules and
                regulations issued by the Secretary of Labor, acting
                through the office of Labor-Management Standards of the
                Department of Labor, under section 6 of such Act, as
                amended by paragraph (1).
            (4) Conforming amendments.--Section 8 (29 U.S.C. 158) is
        amended by striking ``Board'' each place it appears and
        inserting ``Secretary''.

SEC. 5. TRANSFER OF ENFORCEMENT AUTHORITY TO THE DEPARTMENT OF JUSTICE.

    (a) Transfer of Authority.--The functions and responsibilities of
the National Labor Relations Board for the prevention of unfair labor
practices under section 10 of the National Labor Relations Act, and any
related authorities and functions under that Act, are hereby
transferred to the Bureau of Labor Relations Enforcement of the
Department of Justice, established under subsection (b).
    (b) Establishment of Enforcement Bureau.--
            (1) Establishment and purpose.--There is established within
        the Department of Justice, under the general authority of the
        Attorney General, a Bureau of Labor Relations Enforcement, to
        carry out the enforcement duties and functions that were, prior
        to the date of enactment of this Act, carried out by the
        National Labor Relations Board under section 10 of the National
        Labor Relations Act.
            (2) Director.--The Bureau shall be headed by a Director
        appointed by the Attorney General. The Director shall have had
        experience in labor-management relations and shall not engage
        in any other employment than that of serving as Director; nor
        shall the Director hold any office in, or act in any capacity
        for, any organization, agency, or institution with which the
        Bureau makes any contract or other arrangement.
    (c) Amendments to the NLRA.--
            (1) Definition.--Section 2 (29 U.S.C. 152) is further
        amended by adding at the end the following:
            ``(15) The term `Bureau' means the Bureau of Labor
        Management Enforcement of the Department of Justice.''.
            (2) Authority for the prevention of unfair labor
        practices.--Section 10 (29 U.S.C. 160) is amended--
                    (A) in subsections (a), (d), (f), (g), (h), (j),
                (k) and (l), by striking ``Board'' each place it
                appears and inserting ``Bureau'';
                    (B) in subsection (b)--
                            (i) in the first sentence--
                                    (I) by striking ``Board'' each
                                place it appears and inserting
                                ``Bureau''; and
                                    (II) by striking ``or a member
                                thereof'';
                            (ii) in the second sentence--
                                    (I) by striking ``member, agent, or
                                agency'' and inserting ``agent or
                                agency''; and
                                    (II) by striking ``Board'' and
                                inserting ``Bureau'';
                            (iii) in the fourth sentence--
                                    (I) by striking ``member, agent, or
                                agency'' and inserting ``agent or
                                agency''; and
                                    (II) by striking ``Board'' and
                                inserting ``Bureau''; and
                            (iv) in the last sentence, by striking
                        ``the Act of June 19, 1934'' and all that
                        follows and inserting ``section 2072 of title
                        29, United States Code.'';
                    (C) in subsection (c)--
                            (i) by striking ``member, agent, or
                        agency'' and inserting ``agent or agency'';
                            (ii) by striking ``Board'' each place it
                        appears and inserting ``Bureau''; and
                            (iii) by striking the last sentence; and
                    (D) in subsection (e)--
                            (i) by striking ``Board'' each place it
                        appears and inserting ``Bureau''; and
                            (ii) by striking ``member, agent, or
                        agency'' each place it appears and inserting
                        ``agent or agency''.

SEC. 6. APPLICATION OF TITLE 5 PROVISION WITH RESPECT TO EMPLOYEES.

    Section 3503 of title 5, United States Code, shall apply with
respect to employees affected by the transfers of functions under
sections 4 and 5.

SEC. 7. INVESTIGATORY POWERS UNDER THE NLRA.

    Section 11 (29 U.S.C. 161) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``Board'' and inserting ``Secretary
                or the Bureau, as the case may be,''; and
                    (B) by striking ``it'' and inserting ``the
                Secretary or the Bureau, respectively,'';
            (2) in paragraph (1)--
                    (A) in the first sentence, by striking ``The Board,
                or its'' and inserting ``The Secretary and the Bureau,
                or their'';
                    (B) in the second sentence, by striking ``Board, or
                any member thereof'' and inserting ``Secretary or the
                Bureau, as the case may be'';
                    (C) in the third sentence--
                            (i) by striking ``Board'' the first place
                        it appears and inserting ``Secretary or the
                        Bureau''; and
                            (ii) by striking ``Board'' the second place
                        it appears and inserting ``Secretary or the
                        Bureau, as the case may be,''; and
                    (D) in the fourth sentence--
                            (i) by striking ``Any member of the Board''
                        and inserting ``The Secretary and the Bureau'';
                        and
                            (ii) by striking ``Board'' and inserting
                        ``Secretary or the Bureau'';
            (3) in paragraph (2)--
                    (A) by striking ``Board'' each place it appears and
                inserting ``Secretary or the Bureau''; and
                    (B) by striking ``member, agent, or agency'' both
                places it appears and inserting ``agent or agency'';
            (4) in paragraph (4), by striking ``Board, its member,
        agent, or agency'' both place it appears and inserting
        ``Secretary or the Bureau, its agent or agency''; and
            (5) in paragraph (6)--
                    (A) by striking ``Board, upon its'' both places it
                appears and inserting ``Secretary or the Bureau''; and
                    (B) by striking ``its''.

SEC. 8. ADDITIONAL CONFORMING AMENDMENTS.

    The Act is further amended--
            (1) in section 12, by striking ``Board or any of its'' and
        inserting ``Secretary or the Bureau or any of their'';
            (2) in section in section 14(c)--
                    (A) by striking ``Board, in its discretion'' and
                inserting ``Secretary or the Bureau, as the case may
                be, in their discretion''; and
                    (B) by striking ``Board'' the second, third, and
                fourth places it appears and inserting ``Secretary or
                the Bureau''; and
            (3) in section 18, by striking ``National Labor Relations
        Board'' and inserting ``Secretary''.

Summary: National Labor Relations Reorganization Act of 2011 - Amends the National Labor Relations Act to abolish the National Labor Relations Board (NLRB). Transfers all functions of the NLRB for overseeing elections of collective bargaining representatives to the Secretary of Labor, to be carried out through the Office of Labor-Management Standards. Establishes within the Department of Justice (DOJ) a Bureau of Labor Relations Enforcement, to which are transferred all functions of the NLRB for the prevention of unfair labor practices.

To abolish the National Labor Relations Board and to transfer its enforcement authority to the Department of Justice and its oversight of elections to the Office of Labor-Management Standards of the Department of Labor.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Minority Entrepreneurship and
Innovation Pilot Program of 2006''.

SEC. 2. FINDINGS.

    Congress finds--
            (1) the 2005 ``State of Black America Report'' issued by
        the National Urban League finds a significant level of
        ``equality gaps'' between African Americans and Whites, with
        the median net worth of an African-American family is $6,100,
        compared with $67,000 for a white family;
            (2) in 2005, the African American unemployment rate was 9.5
        percent and the Hispanic unemployment rate was 6 percent, well
        above the national average of 4.7 percent;
            (3) African Americans account for 12.3 percent of the
        United States population and only 4 percent of all United
        States businesses, Hispanic Americans represent 12.5 percent of
        the United States population and approximately 6 percent of all
        United States businesses, Native Americans account for
        approximately 1 percent of the United States population and .9
        percent of all United States businesses;
            (4) entrepreneurship has proven to be an effective tool for
        economic growth and viability of all communities;
            (5) fostering minority owned businesses is a key ingredient
        for economic development in the minority community, an
        effective tool for creating lasting and higher-paying jobs, and
        a source of creating wealth in the minority community; and
            (6) between 1987 and 1997, revenue from minority owned
        businesses rose by 22.5 percent, an increase equivalent to an
        annual growth rate of 10 percent, and employment opportunities
        within minority owned firms increased by 23 percent.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of
        the Small Business Administration;
            (2) the term ``Hispanic serving institution'' has the
        meaning given the term in section 502 of the Higher Education
        Act of 1965 (20 U.S.C. 1101a);
            (3) the term ``historically Black college and university''
        has the meaning given the term ``part B institution'' in
        section 322 of the Higher Education Act of 1965 (20 U.S.C.
        1061);
            (4) the term ``small business concern'' has the same
        meaning as in section 3 of the Small Business Act (15 U.S.C.
        632);
            (5) the term ``small business development center'' has the
        same meaning as in section 21 of the Small Business Act (15
        U.S.C. 648); and
            (6) the term ``Tribal College'' has the meaning given the
        term ``tribally controlled college or university'' in section 2
        of the Tribally Controlled College or University Assistance Act
        of 1978 (25 U.S.C. 1801).

SEC. 4. MINORITY ENTREPRENEURSHIP AND INNOVATION GRANTS.

    (a) In General.--The Administrator shall make grants to
historically Black colleges and universities, Tribal Colleges, and
Hispanic serving institutions, or to any entity formed by a combination
of such institutions--
            (1) to assist in establishing an entrepreneurship
        curriculum for undergraduate or graduate studies; and
            (2) for placement of small business development centers on
        the physical campus of the institution.
    (b) Curriculum Requirement.--An institution of higher education
receiving a grant under this section shall develop a curriculum that
includes training in various skill sets needed by successful
entrepreneurs, including--
            (1) business management and marketing, financial management
        and accounting, market analysis and competitive analysis,
        innovation and strategic planning; and
            (2) additional entrepreneurial skill sets specific to the
        needs of the student population and the surrounding community,
        as determined by the institution.
    (c) Small Business Development Center Requirement.--Each
institution receiving a grant under this section shall open a small
business development center that--
            (1) performs studies, research, and counseling concerning
        the management, financing, and operation of small business
        concerns;
            (2) performs management training and technical assistance
        regarding the participation of small business concerns in
        international markets, export promotion and technology
        transfer, and the delivery or distribution of such services and
        information;
            (3) offers referral services for entrepreneurs and small
        business concerns to business development, financing, and legal
        experts; and
            (4) promotes market-specific innovation, niche marketing,
        capacity building, international trade, and strategic planning
        as keys to long-term growth for its small business concern and
        entrepreneur clients.
    (d) Grant Limitations.--A grant under this subsection--
            (1) may not exceed $1,000,000 per fiscal year for any 1
        institution of higher education;
            (2) may not be used for any purpose other than those
        associated with the direct costs incurred to develop and
        implement a curriculum that fosters entrepreneurship and the
        costs incurred to organize and run a small business development
        center on the grounds of the institution; and
            (3) may not be used for building expenses, administrative
        travel budgets, or other expenses not directly related to the
        implementation of the curriculum or activities authorized by
        this Act.
    (e) Exception From Small Business Act Requirement.--Subparagraphs
(A) and (B) of section 21(a)(4) of the Small Business Act (15 U.S.C.
648(a)(4)) do not apply to assistance made available under this
section.
    (f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $24,000,000, to remain available
until expended, for each of fiscal years 2007 and 2008.
    (g) Report.--Not later than November 1 of each year, the Associate
Administrator of Entrepreneurial Development of the Small Business
Administration shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of
the House of Representatives, a report evaluating the award and use of
grants under this section during the preceding fiscal year, which shall
include--
            (1) a description of each entrepreneurship program
        developed with grant funds, the date of the award of such
        grant, and the number of participants in each such program;
            (2) the number of small business concerns assisted by each
        small business development center established with a grant
        under this section; and
            (3) data regarding the economic impact of the small
        business development center counseling provided under a grant
        under this section.
    (h) Limitation on Use of Other Funds.--The Administrator shall
carry out this section only with amounts appropriated in advance
specifically to carry out this section.

Summary: Minority Entrepreneurship and Innovation Pilot Program of 2006 - Directs the Administrator of the Small Business Administration to make grants to historically Black colleges and universities, Tribal Colleges, and Hispanic serving institutions, or to any entity formed by a combination of such institutions: (1) to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies. And (2) for the placement of small business development centers on the physical campus of the institution. Requires an institution of higher education receiving a grant to: (1) develop a curriculum that includes training in various skill sets needed by successful entrepreneurs. And (2) open a small business development center. Limits this pilot program to two fiscal years, and a grant to $1 million per fiscal year for any one institution of higher education.

A bill to establish a 2-year pilot program to develop a curriculum at historically Black colleges and universities, Tribal Colleges, and Hispanic serving institutions to foster entrepreneurship and business development in underserved minority communities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State and Local Government Economic
Empowerment Act''.

SEC. 2. ELIGIBILITY OF STATE AND LOCAL GOVERNMENTS FOR INTEREST-FREE
              LOANS.

    (a) In General.--Subject to subsection (b), each State, county,
incorporated municipality, and Indian tribe shall be entitled to obtain
a loan under section 3, unless such unit of government is delinquent in
repaying a prior loan.
    (b) Maximum Amount Limitation.--The total amount of money to which
any entity described in subsection (a) is entitled to borrow under this
section shall not exceed the amount equal to the product of--
            (1) the resident population, as determined by the Secretary
        on the basis of the 2000 census, of the geographic territory
        over which the entity has jurisdiction; and
            (2) the amount equal to--
                    (A) in the case of a State, $200;
                    (B) in the case of a county (as defined in section
                2 of title 1, United States Code), $200;
                    (C) in the case of an incorporated municipality,
                $600; and
                    (D) in the case of an Indian tribe, $1,000.

SEC. 3. INTEREST-FREE LOANS.

    Subject to sections 2(b) and 4, the Secretary shall issue an
interest-free loan to any government unit described in section 2(a) if
the Secretary obtains such assurances as the Secretary determines to be
appropriate from the unit that the proceeds of such loan will be used
solely for the purpose of funding capital projects of the governmental
unit, including the construction of or improvements to--
            (1) streets, highways, bridges, and tunnels;
            (2) waste water and sewer systems; and
            (3) infrastructure and other public facilities.

SEC. 4. ADMINISTRATIVE PROVISIONS.

    (a) Disbursement Requirements.--Loans made under section 3 shall be
disbursed by the Secretary--
            (1) in a lump sum for the full amount of the loan; or
            (2) if the Secretary determines that partial disbursements
        are appropriate in the case of loans for construction projects
        in order to accommodate a greater number of loan requests, over
        the construction period of the project.
    (b) Minimum Phase-In Period.--Disbursements on all eligible loans
made under section 3 shall begin before the end of the 5-year period
beginning on the date of enactment of this Act.
    (c) Period to Maturity.--The period to maturity of any loan made
under section 3 shall be the estimated number of years of the useful
life of the infrastructure installation (if any) which is financed by
the loan, but, in any case, shall be a minimum of 10 years and a
maximum of 30 years.
    (d) Applicability of State Law.--The number or the principal
amounts of interest-free loans made under section 3 to any governmental
unit established by a State, or the period to maturity of any such
loan, may not exceed the maximum number, amount, or period to maturity
established under the law of such State, unless the State provides a
waiver from any such limitation with respect to any such governmental
unit.
    (e) Administrative Fees.--The Secretary shall impose an
administrative fee on each recipient of a loan under section 3 in an
amount not to exceed the lesser of--
            (1) 0.25 percent of the total amount of the loan; or
            (2) an amount sufficient to cover all administrative costs
        incurred by the Secretary, including overhead, for making and
        administering the loan.
    (f) Terms of Repayment.--The repayment terms of any loan made under
section 3 shall require quarterly payments by the recipient in equal
amounts determined by dividing--
            (1) the sum of the principal and the administrative fees
        applicable with respect to such loan; by
            (2) the number of calendar quarters any portion of which
        falls within the period to maturity of the loan.
    (g) Collections of Past Due Amounts and Collection Fees.--
            (1) Enforced collections.--The Secretary shall take action
        to enforce collection of past due amounts of any loan on which
        4 or more quarterly payments are due and payable.
            (2) Impoundment of delinquent amount.--In the case of any
        delinquent loan described in paragraph (1), the Secretary may
        seek an order from a district court of the United States of
        appropriate jurisdiction directing a United States Marshall to
        impound, under authority of this subsection, any available
        funds of the debtor in an amount equal to the amount currently
        due as of the date of such action to reduce or eliminate the
        delinquency.
            (3) Waiver of debtor's right to defend against
        collection.--As a condition for receiving any loan under
        section 3, the recipient shall waive any right to take any
        legal action to prevent or defend against the collection by the
        Secretary of any amount which the parties agree is past due.
            (4) Cost of collection.--The costs incurred by the
        Secretary in collecting any amount under this subsection with
        respect to any loan shall be added to and treated as a part of
        the principal amount of the loan.
            (5) Balance of loan principal and fees payable in
        accordance with terms of loan.--A debtor who is subject to
        collection proceedings under this subsection for any delinquent
        portion of a loan under section 3 shall continue to meet the
        repayment schedule applicable to such loan for the remaining
        amount of principal and fees.
    (h) Repayment of Loans.--Loans made under section 3 shall be repaid
to the Secretary in accordance with the terms established under this
Act and shall be deposited into the Treasury of the United States.

SEC. 5. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.
            (2) Indian tribe.--The term ``Indian tribe'' means any
        Indian tribe, band, pueblo, nation, or other organized group or
        community, including any Alaska Native village or regional or
        village corporation as defined in or established pursuant to
        the Alaska Native Claims Settlement Act, which is recognized as
        eligible for the special programs and services provided by the
        United States to Indians because of their status as Indians.
            (3) State.--The term ``State'' includes the District of
        Columbia, the Commonwealth of Puerto Rico, Guam, American
        Samoa, the United States Virgin Islands, and the Northern
        Mariana Islands.

SEC. 6. PROGRAM AUTHORITY.

    In accordance with the provisions of this Act, there are hereby
made available, out of any money in the Treasury not otherwise
appropriated, such sums as may be necessary to make loans to all
entities described in section 2(a).

Summary: State and Local Government Economic Empowerment Act - Directs the Secretary of Commerce to issue an interest-free loan to any State, county, incorporated municipality, or Indian tribe upon obtaining appropriate assurances that the proceeds of the loan will be used solely for funding capital projects, including the construction of or improvements to: (1) streets, highways, bridges, and tunnels, (2) waste water and sewer systems. And (3) infrastructure and other public facilities. Sets maximum loan limitations. Entitles each such unit of government to obtain an interest-free loan unless it is delinquent in repaying a prior loan.

To direct the Secretary of Commerce to make noninterest bearing loans to State and local governments solely for the purpose of funding capital projects, and for other purposes.