; or (ii) through— (I) a will; or (II) the laws of descent or distribution; or (B) during the 3-year period that begins on the date on which that United States corporation, or an affiliate of that United States corporation, effects a Rule 10b–18 purchase, sell any subject security with respect to that United States corporation. (2) Application The prohibition under paragraph (1) shall not apply with respect to any subject security that a covered person owns or beneficially owns on the day before the date of enactment of this Act. (c) Enforcement The Securities and Exchange Commission may impose on any covered person that violates subsection (b) a civil penalty in an amount that is— (1) not less than the fair market value of the subject securities of which the covered person disposes in violation of that subsection, as measured on the date on which the covered person makes the disposition; and (2) not more than the amount that is 3 times the fair market value of the subject securities of which the covered person disposes in violation of that subsection, as measured on the date on which the covered person makes the disposition. (d) Rule of construction For the purposes of this section, a subject security is beneficially owned by a covered person if— (1) the subject security is held in the name of a bank, broker, or nominee for the account of the covered person; (2) the subject security is held as a joint tenant, tenant in common, or tenant by the entirety or as community property by the covered person