,,ib  ,union ,calendar ,no4 #eci  #aadth
 ,,congress  #b;d ,session  ,h4 ,r4     
#cgih  ,report ,no4 #aad-fig  ,,in ,,the
 ,,house ,,of ,,representatives         
,october #bb1 #bjae ,mr4 ,garrett       
introduced the following bill2 which was
 referred to the ,committee on          
,financial ,services  ,july #ba1        
#bjaf;,additional sponsor3 ,mr4 ,emmer  
of ,minnesota  ,july #ba1 #bjaf         
,committed to the ,committee of the     
,whole ,house on the ,state of the      
,union and ordered to be printed  ,a    
,,bill  ,to amend the ,securities       
,exchange ,act of #aicd to permit       
private persons to compel the           
,securities and ,exchange ,commission to
 seek legal or equitable remedies in a  
civil action1 instead of an             
administrative proceeding1 and for other
 purposes4  #a4 ,short title ,this ,act 
may be cited as the ,due ,process       
,restoration ,act of #bjae4  #b4        
,private parties authorized to compel   
the ,securities and ,exchange           

,commission to seek sanctions by filing 
civil actions  7a7 ,in general ,the     
,securities ,exchange ,act of #aicd 7#ae
 ,u4,s4,c4 #gh;a et seq47 is amended by 
adding at the end of title ,i the       
following3  #dj4 ,private parties       
authorized to compel the ,commission to 
seek sanctions by filing civil actions  
7a7 ,termination of administrative      
proceeding ,in the case of any person   
who is a party to a proceeding brought  
by the ,commission under a securities   
law1 to which section #eed of title #e1 
,united ,states ,code1 applies1 and     
against whom an order imposing a cease  
and desist order and a penalty may be   
issued at the conclusion of the         
proceeding1 that person may1 not later  
than #bj days after receiving notice of 
such proceeding1 and at that person's   
discretion1 require the ,commission to  
terminate the proceeding4  7b7 ,civil   
action authorized ,if a person requires 
the ,commission to terminate a          
proceeding pursuant to subsection 7a71  

the ,commission may bring a civil action
 against that person for the same remedy
 that might be imposed4  7c7 ,standard  
of proof in administrative proceeding   
,notwithstanding any other provision of 
law1 in the case of a proceeding brought
 by the ,commission under a securities  
law1 to which section #eed of title #e1 
,united ,states ,code1 applies1 a legal 
or equitable remedy may be imposed on   
the person against whom the proceeding  
was brought only on a showing by the    
,commission of clear and convincing     
evidence that the person has violated   
the relevant provision of law4  4  7b7  
,clerical amendment ,the table of       
contents of the ,securities ,exchange   
,act of #aicd 7#ae ,u4,s4,c4 #gh;a et   
seq47 is amended by inserting after the 
item relating to section #ci the        
following3  #dj4 ,private parties       
authorized to compel the ,commission to 
seek sanctions by filing civil actions4 
4  ,july #ba1 #bjaf ,committed to the   
,committee of the ,whole ,house on the  

,state of the ,union and ordered to be  
printed