,i #aacth ,,congress #ast ,session ,h4 ,r4 #hbg ,,in ,,the ,,house ,,of ,,representatives ,february #bf1 #bjac ,mr4 ,cassidy 7for himself and ,mr4 ,deutch7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to amend the ,securities ,investor ,protection ,act of #aigj to provide one-time payments from the ,,sipc ,fund for customers during a pending lawsuit by the ,securities and ,exchange ,commission against the ,securities ,investor ,protection ,corporation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,improving ,security for ,investors and ,providing ,closure ,act of #bjac or the ,improving ,,sipc ,act of #bjac4 #b4 ,customer payment during pending action 7a7 ,in general ,section #aa of the ,securities ,investor ,protection ,act of #aigj 7#ae ,u4,s4,c4 #gh;ggg7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,customer payment during pending action 7#a7 ,one-time payment permitted 7,a7 ,in general ,at the time that an action is initiated under subsection 7b71 ,,sipc may choose to allow all customers of the debtor to elect to receive a one-time payment from the ,,sipc ,fund4 7,b7 ,customer election ,if ,,sipc allows customers to make the election described under subparagraph 7,a71 each customer choosing to make such election must make such election during the action brought under subsection 7b71 but in no case later than the #ahj-;day period beginning on the date that ,,sipc chooses to allow such election4 7#b7 ,method of payment 7,a7 ,in general ,to the extent practicable1 one-time payments made under this subsection shall be made in the same manner as payments of net equity claims of customers of a debtor are made under the other provisions of this ,act4 7,b7 ,payment amount limited to claims ,the amount paid to a customer under this subsection shall be equal to the lesser of-- 7i7 the customer's net equity claim against the debtor2 and 7ii7 the cap set under paragraph 7#c74 7#c7 ,cap on one-time payments ,at the time the action is initiated under subsection 7b71 ,,sipc shall set a cap on the amount of one-time payments that can be made under this subsection1 and such cap-- 7,a7 shall not exceed #ejj1jjj2 and 7,b7 shall apply equally to all customers of the debtor4 7#d7 ,effect of election 7,a7 ,no ,,sipc advance ,section #i7;a7 shall not apply with respect to any customer who receives a one-time payment under this subsection4 7,b7 ,subrogation ,with respect to any customer who receives a one-time payment under this subsection1 ,,sipc shall be subrogated to all rights of such customer against the debtor once the customer recovers an amount equal to the customer's net equity claim against the debtor4 7#e7 ,notice2 technical assistance ,if ,,sipc allows customers to make the election described under paragraph 7#a77;,a71 ,,sipc shall-- 7,a7 promptly notify each customer of the debtor of their rights under this subsection2 and 7,b7 provide technical assistance to such customers to determine if they should make an election under paragraph 7#a77;,b74 7#f7 ,treatment of certificates of deposit ,for purposes of this subsection1 a certificate of deposit purchased by a person through an account with the debtor shall be treated as cash deposited and held by the debtor in an amount equal to the amount the person paid for the certificate of deposit1 less any amounts paid to such person on the certificate of deposit4 7#g7 ,judicial review of certain ,,sipc determinations ,with respect to any person who is not permitted to make an election under this subsection because ,,sipc does not identify them as a customer of the debtor1 such person may commence an action against ,,sipc in the appropriate ,united ,states district court to challenge the determination by ,,sipc that they are not a customer of the debtor4 7#h7 ,rulemaking ,,sipc may issue such regulations as may be necessary to carry out this subsection4 7#i7 ,debtor defined ,for purposes of this subsection1 the term debtor means the broker or dealer that is the subject of the action brought under subsection 7b74 4 7b7 ,application ,with respect to an ongoing action brought under section #aa7;b7 of the ,securities ,investor ,protection ,act of #aigj 7#ae ,u4,s4,c4 #gh;ggg7b77 before the date of the enactment of this ,act1 the customer election available under section #aa7;c7 of such ,act may be made during the #ahj-;day period beginning on the date of the enactment of this ,act4 7c7 ,rule of ,construction ,a person's qualification as a customer for purposes of section #aa7;c7 of the ,securities ,investor ,protection ,act of #aigj shall have no effect on whether such person qualifies as a customer under any other provision of such ,act4