Page:United States Statutes at Large Volume 115 Part 3.djvu/323

 PUBLIC LAW 107-123-^JAN. 16, 2002 115 STAT. 2397 of the rates required by paragraphs (1) and (3) for such fiscal year to a rate that is equal to the rate (expressed in dollars per million) that is applicable under section 6(b) of the Securities Act of 1933 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 each of the rates required by paragraphs (1) and (3) for all of such fiscal years to a rate that is equal to the rate (expressed in dollars per million) that is applicable under section 6(b) of the Securities Act of 1933 for all of such fiscal years. "(7) PRO RATA APPLICATION. —The rates per $1,000,000 Applicability 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 (4) 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. —I f 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 rate applicable under this subsection for each fiscal year is published pursuant to section 6(b)(10) of the Securities Act of 1933. ". SEC. 7. TRUST INDENTURE ACT FEE. Section 307(b) of the Trust Indenture Act of 1939 (15 U.S.C. 77ggg(b)) is amended by striking "Commission, but, in the case" and all that follows and inserting "Commission.". SEC. 8. COMPARABILITY PROVISIONS. (a) COMMISSION DEMONSTRATION PROJECT. —Subpart C of part III of title 5, United States Code, is amended by adding at the end the following: Termination date.

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