Page:United States Statutes at Large Volume 115 Part 3.djvu/320

 115 STAT. 2394 PUBLIC LAW 107-123^JAN. 16, 2002 Termination date. Federal Register, publication. Notice. Deadline. "(4) GENERAL REVENUES PROHIBITED.— No fees collected pursuant to this subsection for fiscal year 2002 or any succeeding fiscal year shall be deposited and credited as general revenue of the Treasury. "(5) ANNUAL ADJUSTMENT. —For each of the fiscal years 2003 through 2011, the Commission shall by order adjust the rate required by paragraph (2) for such fiscal year to a rate that, when applied to the baseline estimate of the aggregate maximum offering prices for such fiscal year, is reasonably likely to produce aggregate fee collections under this subsection that are equal to the target offsetting collection amount for such fiscal year. "(6) FINAL RATE ADJUSTMENT. — For fiscal year 2012 and all of the succeeding fiscal years, the Commission shall by order adjust the rate required by paragraph (2) for all of such fiscal years to a rate that, when applied to the baseline estimate of the aggregate maximum offering prices for fiscal year 2012, is reasonably likely to produce aggregate fee collections under this subsection in fiscal year 2012 equal to the target offsetting collection amount for fiscal year 2011. "(7) PRO RATA APPLICATION.—The rates per $1,000,000 required by this subsection shall be applied pro rata to amounts and balances of less than $1,000,000. "(8) REVIEW AND EFFECTIVE DATE.— In exercising its authority under this subsection, the Commission shall not be required to comply with the provisions of section 553 of title 5, United States Code. An adjusted rate prescribed under paragraph (5) or (6) and published under paragraph (10) shall not be subject to judicial review. Subject to paragraphs (3)(B) and (9)— "(A) an adjusted rate prescribed under paragraph (5) shall take effect on the later of— "(i) the first day of the fiscal year to which such rate applies; or "(ii) five days after the date on which a regular appropriation to the Commission for such fiscal year is enacted; and "(B) an adjusted rate prescribed under paragraph (6) shall take effect on the later of— "(i) the first day of fiscal year 2012; or "(ii) five days after the date on which a regular appropriation to the Commission for fiscal year 2012 is enacted. "(9) LAPSE OF APPROPRIATION.— If on the first day of a fiscal year a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until 5 days after the date such a regular appropriation is enacted. "(10) PUBLICATION.— The Commission shall publish in the Federal Register notices of the rate applicable under this subsection and under sections 13(e) and 14(g) for each fiscal year not later than April 30 of the fiscal year preceding the fiscal year to which such rate applies, together with any estimates or projections on which such rate is based. "(11) DEFINITIONS.— For purposes of this subsection:

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