Page:United States Statutes at Large Volume 124.djvu/1977

 124 STAT. 1951 PUBLIC LAW 111–203—JULY 21, 2010 aggregate fee collections under this section (including assess- ments collected under subsection (d) of this section) that are equal to the regular appropriation to the Commission by Con- gress for such fiscal year. ‘‘(2) MID-YEAR ADJUSTMENT.—Subject to subsections (i)(1)(B) and (k), for each fiscal year, the Commission shall determine, by March 1 of such fiscal year, whether, based on the actual aggregate dollar volume of sales during the first 5 months of such fiscal year, the baseline estimate of the aggregate dollar volume of sales used under paragraph (1) for such fiscal year is reasonably likely to be 10 percent (or more) greater or less than the actual aggregate dollar volume of sales for such fiscal year. If the Commission so determines, the Commission shall by order, no later than March 1, adjust each of the rates applicable under subsections (b) and (c) for such fiscal year to a uniform adjusted rate that, when applied to the revised estimate of the aggregate dollar amount of sales for the remainder of such fiscal year, is reasonably likely to produce aggregate fee collections under this section (including fees collected during such five-month period and assessments collected under subsection (d) of this section) that are equal to the regular appropriation to the Commission by Congress for such fiscal year. In making such revised estimate, the Commission shall, after consultation with the Congressional Budget Office and the Office of Management and Budget, use the same methodology required by subsection (l). ‘‘(3) REVIEW.—In exercising its authority under this sub- section, 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 (1) or (2) and published under subsection (g) shall not be subject to judicial review. ‘‘(4) EFFECTIVE DATE.— ‘‘(A) ANNUAL ADJUSTMENT.—Subject to subsections (i)(1)(B) and (k), an adjusted rate prescribed under para- graph (1) shall take effect on the later of— ‘‘(i) the first day of the fiscal year to which such rate applies; or ‘‘(ii) 60 days after the date on which an Act making a regular appropriation to the Commission for such fiscal year is enacted. ‘‘(B) MID-YEAR ADJUSTMENT.—An adjusted rate pre- scribed under paragraph (2) shall take effect on April 1 of the fiscal year to which such rate applies.’’; (E) in subsection (k), by striking ‘‘30 days’’ and inserting ‘‘60 days’’; and (F) in subsection (l), by striking ‘‘DEFINITIONS.—’ ’ and all that follows through ‘‘SALES.—The baseline’’ and inserting ‘‘BASELINE ESTIMATE OF THE AGGREGATE DOLLAR AMOUNT OF SALES.—The baseline’’. (2) EFFECTIVE DATE.—The amendments made by this sub- section shall take effect on the later of— (A) October 1, 2011; or (B) the date of enactment of an Act making a regular appropriation to the Commission for fiscal year 2012. (b) AMENDMENTS TO REGISTRATION FEE PROVISIONS.— 15 USC 78ee. Order. Deadline. Determination. Deadline.