H.R. 3798, Due Process Restoration Act of 2015

3.0.0 3798 2023-01-11T13:29:38Z 2023-01-11T13:29:38Z House HR 2015-10-22 114 [Congressional Record Volume 161, Number 155 (Thursday, October 22, 2015)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. GARRETT:H.R. 3798.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8, Clause 3 (The Congress shall havePower ``To regulate Commerce with foreign Nations, and amongthe several States and within the Indian Tribes'') andArticle I, Section 8, Clause 18 (The Congress shall havePower ``to make all Laws which shall be necessary and properfor carrying into Execution the foregoing Powers, and allother Powers vested by this Constitution in the Government ofthe United States, or in any Department or Officerthereof'').Additional authority derives from Article III, Section 1(``The judicial Power of the United States, shall be vestedin one supreme Court, and in such inferior Courts as theCongress may from time to time ordain and establish. TheJudges, both of the supreme and inferior Courts, shall holdtheir Offices during good Behaviour, and shall, at statedTimes, receive for their Services, a Compensation, whichshall not be diminished during their Continuance in Office.)Additional authority also derives from Article III, Section2, Clause 3 of the Constitution.[Page H7138]]]> hsba00 Financial Services Committee House Standing hsba16 Capital Markets Subcommittee Hearings by 2015-12-02T21:23:10Z Reported by 2016-07-21T13:50:59Z Markup by 2016-03-02T14:21:07Z Referred to 2015-10-22T14:01:00Z H. Rept. 114-697 2016-07-21 Placed on the Union Calendar, Calendar No. 539. Calendars H12410 2 House floor actions U00539 2016-07-21 Reported by the Committee on Financial Services. H. Rept. 114-697. Committee H12200 2 House floor actions hsba00 Financial Services Committee 2016-07-21 Reported by the Committee on Financial Services. H. Rept. 114-697. Committee 5000 9 Library of Congress hsba00 Financial Services Committee 2016-03-02 hsba00 Financial Services Committee 1 House committee actions Ordered to be Reported by the Yeas and Nays: 32 - 25. Committee 2016-03-02 hsba00 Financial Services Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2015-12-02 hsba16 Capital Markets Subcommittee 1 House committee actions Hearings Held by the Subcommittee on Capital Markets and Government Sponsored Enterprises Prior to Referral. Committee 2015-10-22 Referred to the House Committee on Financial Services. IntroReferral H11100 2 House floor actions hsba00 Financial Services Committee 2015-10-22 Introduced in House IntroReferral Intro-H 9 Library of Congress 2015-10-22 Introduced in House IntroReferral 1000 9 Library of Congress G000548 Rep. Garrett, Scott [R-NJ-5] Scott Garrett R NJ 5 N E000294 Rep. Emmer, Tom [R-MN-6] Tom Emmer R MN 6 2016-05-26 False 2016-06-28T21:24:24Z H.R. 3798, Due Process Restoration Act of 2015 https://www.cbo.gov/publication/51734 As ordered reported by the House Committee on Financial Services on March 2, 2016 Finance and Financial Sector Administrative remedies Civil actions and liability Evidence and witnesses Securities and Exchange Commission (SEC) Finance and Financial Sector

00 2015-10-22 Introduced in House 2015-12-28T19:05:26Z Due Process Restoration Act of 2015

This bill amends the Securities Exchange Act of 1934 to authorize a person who is a party to an administrative proceeding brought by the Securities and Exchange Commission (SEC) under a securities law, and against whom an order imposing a cease and desist order and a penalty may be issued at the conclusion of the proceeding, to require the SEC to terminate the proceeding. If a person requires the SEC to terminate a proceeding, the SEC may bring a civil action against that person for the same remedy that might have been imposed.

A legal or equitable remedy may be imposed on a person against whom an administrative proceeding was brought only upon a showing by the SEC of clear and convincing evidence that the person has violated the relevant provision of law.

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79 2016-07-21 Reported to House without amendment 2016-10-26T20:45:00Z (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Due Process Restoration Act of 2015

(Sec. 2) This bill amends the Securities Exchange Act of 1934 to authorize a person who is a party to an administrative proceeding brought by the Securities and Exchange Commission (SEC) under a securities law, and against whom an order imposing a cease and desist order and a penalty may be issued at the conclusion of the proceeding, to require the SEC to terminate the proceeding. If a person requires the SEC to terminate a proceeding, the SEC may bring a civil action against that person for the same remedy that might have been imposed.

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Due Process Restoration Act of 2015 Display Title Due Process Restoration Act of 2015 Official Title as Introduced 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. Introduced in House IH Short Titles as Introduced Due Process Restoration Act of 2015 Short Titles as Reported to House Due Process Restoration Act of 2015 H House Reported in House 2016-07-21T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr3798rh/xml/BILLS-114hr3798rh.xml Introduced in House 2015-10-22T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr3798ih/xml/BILLS-114hr3798ih.xml 2016-07-21 Placed on the Union Calendar, Calendar No. 539. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.