IB 
Union Calendar No. 885 
115TH CONGRESS 
2D SESSION 
H. R. 2128 
[Report No. 115–1118] 
To amend the Securities Exchange Act of 1934 to permit private persons 
to compel the Securities and Exchange Commission to seek legal or 
equitable remedies in a civil action, instead of an administrative pro-
ceeding, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 25, 2017 
Mr. DAVIDSON introduced the following bill; which was referred to the 
Committee on Financial Services 
JANUARY 2, 2019 
Additional sponsor: Mr. EMMER 
JANUARY 2, 2019 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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A BILL 
To amend the Securities Exchange Act of 1934 to permit 
private persons to compel the Securities and Exchange 
Commission to seek legal or equitable remedies in a 
civil action, instead of an administrative proceeding, and 
for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Due Process Restora-
tion Act of 2017’’. 
SEC. 2. PRIVATE PARTIES AUTHORIZED TO COMPEL THE 
SECURITIES AND EXCHANGE COMMISSION TO 
SEEK SANCTIONS BY FILING CIVIL ACTIONS. 
The Securities Exchange Act of 1934 (15 U.S.C. 78a 
et seq.) is amended by adding at the end of title I the 
following: 
‘‘SEC. 40. PRIVATE PARTIES AUTHORIZED TO COMPEL THE 
COMMISSION TO SEEK SANCTIONS BY FILING 
CIVIL ACTIONS. 
‘‘(a) TERMINATION
OF
ADMINISTRATIVE
PRO-
CEEDING.—In the case of any person who is a party to 
a proceeding brought by the Commission under a securi-
ties 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 pro-
ceeding, and at that person’s discretion, require the Com-
mission to terminate the proceeding. 
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‘‘(b) CIVIL ACTION AUTHORIZED.—If a person re-
quires 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) STANDARD OF PROOF IN ADMINISTRATIVE PRO-
CEEDING.—Notwithstanding any other provision of law, in 
the case of a proceeding brought by the Commission under 
a securities law, to which section 554 of title 5, United 
States Code, applies, 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 rel-
evant provision of law.’’. 
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Union Calendar No. 885 
115TH CONGRESS 
2D SESSION 
H. R. 2128 
[Report No. 115–1118] 
A BILL 
To amend the Securities Exchange Act of 1934 to 
permit private persons to compel the Securities 
and Exchange Commission to seek legal or equi-
table remedies in a civil action, instead of an ad-
ministrative proceeding, and for other purposes. 
JANUARY 2, 2019 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
20:29 Jan 02, 2019
Jkt 089200
PO 00000
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E:\BILLS\H2128.RH
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pamtmann on DSKBFK8HB2PROD with BILLS