§ 78ee.
(a)
Recovery of costs of annual appropriation
The Commission shall, in accordance with this section, collect transaction fees and assessments that are designed to recover the costs to the Government of the annual appropriation to the Commission by Congress.
(b)
Exchange-traded securities
Subject to subsection (j), each national securities exchange shall pay to the Commission a fee at a rate equal to $15
1
See Adjustment of Transaction Fee Rate notes below.
per $1,000,000 of the aggregate dollar amount of sales of securities (other than bonds, debentures, other evidences of indebtedness, security futures products, and options on securities indexes (excluding a narrow-based security index)) transacted on such national securities exchange.
(c)
Off-exchange trades of exchange registered and last-sale-reported securities
Subject to subsection (j), each national securities association shall pay to the Commission a fee at a rate equal to $15 1 per $1,000,000 of the aggregate dollar amount of sales transacted by or through any member of such association otherwise than on a national securities exchange of securities (other than bonds, debentures, other evidences of indebtedness, security futures products, and options on securities indexes (excluding a narrow-based security index)) registered on a national securities exchange or subject to prompt last sale reporting pursuant to the rules of the Commission or a registered national securities association.
(d)
Assessments on security futures transactions
Each national securities exchange and national securities association shall pay to the Commission an assessment equal to $0.009 for each round turn transaction (treated as including one purchase and one sale of a contract of sale for future delivery) on a security future traded on such national securities exchange or by or through any member of such association otherwise than on a national securities exchange, except that for fiscal year 2007 and each succeeding fiscal year such assessment shall be equal to $0.0042 for each such transaction.
(e)
Dates for payments
The fees and assessments required by subsections (b), (c), and (d) of this section shall be paid—
(1)
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
(2)
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.
(f)
Exemptions
The Commission, by rule, may exempt any sale of securities or any class of sales of securities from any fee or assessment imposed by this section, if the Commission finds that such exemption is consistent with the public interest, the equal regulation of markets and brokers and dealers, and the development of a national market system.
(l)
Baseline estimate of the aggregate dollar amount of sales
The baseline estimate of the aggregate dollar amount of sales for any fiscal year is the baseline estimate of the aggregate dollar amount of sales of securities (other than bonds, debentures, other evidences of indebtedness, security futures products, and options on securities indexes (excluding a narrow-based security index)) to be transacted on each national securities exchange and by or through any member of each national securities association (otherwise than on a national securities exchange) during such fiscal year as determined by the Commission, after consultation with the Congressional Budget Office and the Office of Management and Budget, using the methodology required for making projections pursuant to section 907 of title 2.
([June 6, 1934, ch. 404], title I, § 31, [48 Stat. 904]; [Mar. 17, 1944, ch. 101], [58 Stat. 117]; [Pub. L. 94–29, § 22], June 4, 1975, [89 Stat. 162]; [Pub. L. 104–290, title IV, § 405(a)], Oct. 11, 1996, [110 Stat. 3442]; [Pub. L. 105–353, title III, § 301(b)(14)], Nov. 3, 1998, [112 Stat. 3236]; [Pub. L. 106–554, § 1(a)(5) [title II, § 206(f)]], Dec. 21, 2000, [114 Stat. 2763], 2763A–432; [Pub. L. 107–123], §§ 2, 3, Jan. 16, 2002, [115 Stat. 2390]; [Pub. L. 111–203, title IX, § 991(a)(1)], (d)(1), July 21, 2010, [124 Stat. 1950], 1954.)