Page:United States Statutes at Large Volume 106 Part 4.djvu/870

 106 STAT. 3606 PUBLIC LAW 102-546—OCT. 28, 1992 SEC. 209. ENFORCEMENT OF CIVIL MONEY PENALTIES. (a) MONEY PENALTIES.—Section 6 (7 U.S.C. 8 et seq.) is amended— "[use8, 9, 9a, (1) by redesignating subsections (a) through (d) as sub- °' ^- sections (b) through (e), respectively; (2) by inserting "(a)" after "Sec. 6"; 7use8. (3) in subsection (a), as so redesignated, by striking "paragraph (a)" and inserting "subsection (b)"; 7 USC 13b. (4) in subsection (d), as so redesignated— (A) by striking "paragraph (b) of this section" and inserting "subsection (c)"; and (B) by striking "section 6(b) of this Act" and inserting "subsection (c)"; and 7 USC 9a. (5) by amending subsection (e), as so redesignated, to read as follows: "(e)(1) In determining the amount of the money penalty assessed under subsection (c), the Commission shall consider the appropriateness of such penalty to the gravity of the violation. "(2) Unless the person against whom a money penalty is assessed under subsection (c) shows to the satisfaction of the Commission within fifteen days from the expiration of the period allowed for payment of such penalty that either an appeal as authorized by subsection (c) has been taken or payment of the full amount of the penalty then due has been made, at the end of such fifteen-day period and until such person shows to the satisfaction of the Commission that payment of such amount with interest thereon to date of payment has been made— "(A) such person shall be prohibited automatically from trading on all contract markets; and "(B) if such person is registered with the Commission, such registration shall be suspended automatically. "(3) If a person against whom a money penalty is assessed under subsection (c) takes an appeal and if the Commission prevails or the appeal is dismissed, unless such person shows to the satisfaction of the Commission that payment of the full amount of the penalty then due has been made by the end of thirty days from the date of entry ofjudgment on the appeal— "(A) such person shall be prohibited automatically from trading on all contract markets; and "(B) if such person is registered with the Commission, such registration shall be suspended automatically. If the person against whom the money penalty is assessed fails to pay such penalty after the lapse of the period allowed for appeal or after the affirmance of such penalty, the Commission may refer the matter to the Attorney General who shall recover such penalty by action in the appropriate United States district court.". (b) CONFORMING AMENDMENTS. — The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended— 7 USC 2a. (1) in section 2(a)(l)(B)(iv)— (A) in subclause (I) by striking "section 6(b)" and inserting "section 6(c)"; and (B) in subclause (II) by striking "section 6(a)" and inserting "section 6(b)"; 7use 7. (2) in section 5(6), as so redesignated by section 201(c)(2), by striking "paragraph (b) of section 6" and inserting "section 6(c)";

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