[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6695 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6695
To authorize private parties to compel the Securities and Exchange
Commission to seek sanctions by filing civil actions, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
December 11, 2023
Mr. Davidson introduced the following bill; which was referred to the
Committee on Financial Services
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A BILL
To authorize private parties to compel the Securities and Exchange
Commission to seek sanctions by filing civil actions, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Due Process Restoration Act of
2023''.
SEC. 2. PRIVATE PARTIES AUTHORIZED TO COMPEL THE SECURITIES AND
EXCHANGE COMMISSION TO SEEK SANCTIONS BY FILING CIVIL
ACTIONS.
Title I of the Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.) is amended by adding at the end the following:
``SEC. 42. PRIVATE PARTIES AUTHORIZED TO COMPEL THE COMMISSION TO SEEK
SANCTIONS BY FILING CIVIL ACTIONS.
``(a) Termination of Administrative Proceeding.--In the case of any
person who is a party to a proceeding brought by the Commission under a
securities law, to which section 554 of title 5, United States Code,
applies, and against whom an order imposing a cease and desist order
and a penalty may be issued at the conclusion of the proceeding, that
person may, not later than 20 days after receiving notice of such
proceeding, and at that person's discretion, require the Commission to
terminate the proceeding.
``(b) Civil Action Authorized.--If a person requires the Commission
to terminate a proceeding pursuant to subsection (a), the Commission
may bring a civil action against that person for the same remedy that
might be imposed.
``(c) Venue.--An action brought by the Commission under subsection
(b) may be brought only in accordance with the requirements relating to
venue under section 1391 of title 28, United States Code.''.
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