40
Sec. 401
SARBANES-OXLEY ACT OF 2002
of a disgorgement fund or other fund established for the benefit of
the victims of such violation.
(b) A
CCEPTANCE OF
A
DDITIONAL
D
ONATIONS
.—The
Commission
is authorized to accept, hold, administer, and utilize gifts, bequests
and devises of property,
both real and personal, to the United
States for a disgorgement fund or other fund described in sub-
section (a). Such gifts, bequests, and devises of money and proceeds
from sales of other
property received as gifts, bequests, or devises
shall be deposited in such fund and shall be available for allocation
in accordance with subsection (a).
(c) S
TUDY
R
EQUIRED
.—
(1) S
UBJECT OF STUDY
.—The Commission shall review and
analyze—
(A) enforcement actions by the Commission over the
five years preceding the date of
the enactment of this Act
that have included proceedings to obtain civil penalties or
disgorgements to identify areas where such proceedings
may be utilized to efficiently, effectively, and fairly provide
restitution
for injured investors; and
(B) other methods to more efficiently, effectively, and
fairly provide restitution to injured investors, including
methods to improve the collection rates for civil penalties
and disgorgements.
(2) R
EPORT
R
EQUIRED
.—The
Commission shall report its
findings to the Committee on Financial Services of the House
of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate within 180 days after of the
date of the enactment of this Act, and shall use such findings
to revise its rules and regulations as necessary.
The report
shall include a discussion of regulatory or legislative actions
that are recommended or that may be necessary to address
concerns identified in the study.
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