Transaction fees
Recovery of costs of annual appropriation
Exchange-traded securities
Off-exchange trades of exchange registered and last-sale-reported securities
Assessments on security futures transactions
Dates for payments
The fees and assessments required by subsections (b), (c), and (d) of this section shall be paid—
on or before March 15, with respect to transactions and sales occurring during the period beginning on the preceding September 1 and ending at the close of the preceding December 31; and
on or before September 25, with respect to transactions and sales occurring during the period beginning on the preceding January 1 and ending at the close of the preceding August 31.
Exemptions
Publication
Pro rata application
Deposit of fees
Offsetting collections
Fees collected pursuant to subsections (b), (c), and (d) for any fiscal year—
shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission; and
except as provided in subsection (k), shall not be collected for any fiscal year except to the extent provided in advance in appropriation Acts.
General revenues prohibited
Adjustments to fee rates
Annual adjustment
Mid-year adjustment
Review
Effective date
Annual adjustment
Subject to subsections (i)(1)(B) and (k), an adjusted rate prescribed under paragraph (1) shall take effect on the later of—
the first day of the fiscal year to which such rate applies; or
60 days after the date on which an Act making a regular appropriation to the Commission for such fiscal year is enacted.
Mid-year adjustment
Lapse of appropriation
Baseline estimate of the aggregate dollar amount of sales
Transmittal of Commission budget requests
Budget required
Submission to Congress
Contents
The Commission shall include in each budget submitted under paragraph (1)—
an itemization of the amount of funds necessary to carry out the functions of the Commission.
an amount to be designated as contingency funding to be used by the Commission to address unanticipated needs; and
a designation of any activities of the Commission for which multi-year budget authority would be suitable.
Source
(June 6, 1934, ch. 404, title I, § 31, 48 Stat. 904; Mar. 17, 1944, ch. 101, 58 Stat. 117; Pub. L. 94–29, § 22,Notes
Amendments
Effective Date of 2010 Amendment
the date of enactment of an Act making a regular appropriation to the [Securities and Exchange] Commission for fiscal year 2012 [Div. C of Pub. L. 112–74, approved
Effective Date of 2002 Amendment
In General.—
Except as provided in subsections (b) and (c), the amendments made by this Act [see Short Title of 2002 Amendment note set out under section 78a of this title] shall take effect on
Immediate Transaction Fee Reductions.—
The amendments made by section 2 [amending this section] shall take effect on the later of—
the first day of fiscal year 2002; or
thirty days after the date on which a regular appropriation to the Commission for such fiscal year is enacted.
Additional Exceptions.—
The authorities provided by section 6(b)(9) of the Securities Act of 1933 [15 U.S.C. 77f(b)(9)] and sections 13(e)(9), 14(g)(9), and 31(k) of the Securities Exchange Act of 1934 [15 U.S.C. 78m(e)(9), 78n(g)(9), and 78ee(k)], as so designated by this Act, shall not apply until
Effective Date of 1996 Amendment
In general.—
Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall apply with respect to transactions in securities that occur on or after
Off-exchange trades of last sale reported transactions.—
The amendment made by subsection (a) [amending this section] shall apply with respect to transactions described in section 31(d)(1) of the Securities Exchange Act of 1934 [subsec. (d)(1) of this section] (as amended by subsection (a) of this section) that occur on or after
Effective Date of 1975 Amendment
Transfer of Functions
Securities and Exchange Commission Overpayment Credit
Definitions.—
In this section—
the term ‘Commission’ means the Securities and Exchange Commission;
the term ‘national securities association’ means an association that is registered under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o–3); and
the term ‘national securities exchange’ means an exchange that is registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f).
Credit for Overpayment of Fees.—
Notwithstanding section 31(j) of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)), and subject to subsection (c) of this section, if a national securities exchange or a national securities association has paid fees and assessments to the Commission in an amount that is more than the amount that the exchange or association was required to pay under section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) and, not later than 10 years after the date of such payment, the exchange or association informs the Commission about the payment of such excess amount, the Commission shall offset future fees and assessments due by that exchange or association in an amount that is equal to the difference between the amount that the exchange or association paid and the amount that the exchange or association was required to pay under such section 31.
Applicability.—
Subsection (b) shall apply only to fees and assessments that a national securities exchange or a national securities association was required to pay to the Commission before the date of enactment of this Act [
Budget of the President
Study of the Effect of Fee Reductions
Study.—
The Office of Economic Analysis of the Securities and Exchange Commission (hereinafter referred to as the ‘Office’) shall conduct a study of the extent to which the benefits of reductions in fees effected as a result of this Act [see Short Title of 2002 Amendment note set out under section 78a of this title] are passed on to investors.
Factors for Consideration.—
In conducting the study under subsection (a), the Office shall—
consider the various elements of the securities industry directly and indirectly benefiting from the fee reductions, including purchasers and sellers of securities, members of national securities exchanges, issuers, broker-dealers, underwriters, participants in investment companies, retirement programs, and others;
consider the impact on different types of investors, such as individual equity holders, individual investment company shareholders, businesses, and other types of investors;
include in the interpretation of the term ‘investor’ shareholders of entities subject to the fee reductions; and
consider the economic benefits to investors flowing from the fee reductions to include such factors as market efficiency, expansion of investment opportunities, and enhanced liquidity and capital formation.
Report to Congress.—
Not later than 2 years after the date of the enactment of this Act [