,i #aacth ,,congress #b;d ,session ,h4 ,r4 #edij ,,in ,,the ,,house ,,of ,,representatives ,september #af1 #bjad ,ms4 ,de,lauro 7for herself1 ,mr4 ,welch1 and ,mr4 ,courtney7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to require the ,commodity ,futures ,trading ,commission to impose fees and assessments to recover the cost of appropriations to the ,commission4 #a4 ,short title ,this ,act may be cited as the ,wall ,street ,accountability through ,sustainable ,funding ,act4 #b4 ,requirement that the ,commodity ,futures ,trading ,commission impose fees and assessments to recover the cost of appropriations to the ,commission ,section #ab of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #af7 is amended by adding at the end the following3 7i7 ,recovery of costs of annual appropriations 7#a7 ,imposition of fees 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,commission shall1 by order1 impose a fee on each agreement1 contract1 or transaction that is a contract of sale of a commodity for future delivery1 an option1 or a swap1 including an agreement1 contract1 or transaction transacted through the use of a foreign terminal1 so that the total of the fees so imposed during each fiscal year is sufficient to recover the costs to the ,government of the annual appropriation to the ,commission by ,congress for the fiscal year4 7,b7 ,foreign terminal ,in subparagraph 7,a71 the term foreign terminal means a technology1 software1 or device1 which is located in the ,united ,states and used to execute an agreement1 contract1 or transaction on a foreign board of trade1 or which is located outside of the ,united ,states and used to execute an agreement1 contract1 or transaction within the ,united ,states on a domestic board of trade4 7,c7 ,exemptions ,the ,commission1 by rule1 may exempt any such agreement1 contract1 or transaction from any fee imposed under this paragraph1 if the ,commission finds that the exemption is consistent with-- 7i7 the public interest2 7ii7 the equal treatment of contract markets1 derivatives clearing organizations1 and market participants2 and 7iii7 the operation of a nationwide market system4 7,d7 ,limitation ,the fees imposed under this paragraph on all transactions of the same kind shall be determined in a uniform manner4 7,e7 ,mid-year adjustment 7i7 ,in general ,by ,march #a of each fiscal year1 the ,commission shall determine whether1 based on the fees collected under this subsection during the first #e months of the fiscal year1 the total of the amounts collected and to be collected under this subsection for the fiscal year is reasonably likely to be #aj percent 7or more7 greater or less than the costs described in subparagraph 7,a7 for the fiscal year4 ,if the ,commission so determines1 the ,commission shall by order1 no later than ,march #a of the fiscal year1 adjust the fee rates otherwise applicable under this paragraph for the fiscal year so that the total of the amounts so collected and to be collected is reasonably likely to equal to the costs so described4 7ii7 ,effective date ,subject to paragraphs 7#b77;,c7 and 7#d71 an adjusted rate prescribed under clause 7i7 of this subparagraph in a fiscal year shall take effect on the later of-- 7,i7 the #ast day of the fiscal year to which the rate applies2 or 7,,ii7 #fj days after the date on which a regular appropriation to the ,commission for the fiscal year is enacted4 7,f7 ,publication ,the ,commission shall publish in the ,federal ,register notices of the fee rates applicable under this paragraph for a fiscal year not later than #cj days after the date on which a regular appropriation to the ,commission for the fiscal year is enacted1 together with any estimates or projections on which the fee rates are based4 7,g7 ,inapplicability of rulemaking requirements ,in exercising its authority under this paragraph1 the ,commission shall not be required to comply with section #eec of title #e1 ,united ,states ,code4 7,h7 ,no judicial review ,a fee rate prescribed under this paragraph and published in accordance with subparagraph 7,f7 shall not be subject to judicial review4 7#b7 ,payment and collection of fees 7,a7 ,cleared transactions2 uncleared swaps reported to swap data repositories 7i7 ,payment of fees 7,i7 ,cleared transactions ,in the case of a contract of sale of a commodity for future delivery1 an option1 or a swap that is cleared by a derivatives clearing organization registered or exempt from registration under this ,act1 each party to the agreement1 contract1 or transaction shall pay the fee determined under paragraph 7#a7 to the derivatives clearing organization4 7,,ii7 ,uncleared swaps reported to swap data repositories ,in the case of a swap that is not cleared by a derivatives clearing organization registered or exempt from registration under this ,act and that is accepted by a swap data repository registered under section #ba1 each party to the swap shall pay the transaction fee determined under paragraph 7#a7 to the swap data repository4 7ii7 ,collection of fees ,the ,commission shall collect the fees paid in accordance with clause 7i7 in such manner and within such time as the ,commission deems appropriate1 except that if the ,commission has not collected a fee paid in accordance with clause 7i7 within #cj days after receipt by the derivatives clearing organization or swap data repository1 as the case may be1 the organization or repository1 as the case may be1 shall transmit the fee to the ,commission4 7,b7 ,uncleared swaps reported to commission ,in the case of a swap that is not cleared by a derivatives clearing organization registered or exempt from registration under this ,act and that is reported to the ,commission pursuant to section #dr1 each party to the swap shall pay the fee determined under paragraph 7#a7 to the ,commission in a manner and within such time as the ,commission deems appropriate4 7,c7 ,subject to appropriations ,except as provided in paragraph 7#d71 a fee shall not be collected under this subsection for a fiscal year1 except to the extent provided in advance in appropriation ,acts4 7#c7 ,deposit of fees 7,a7 ,offsetting collections ,a fee collected under paragraph 7#b7 for a fiscal year shall be deposited and credited as offsetting collections to the account providing appropriations to the ,commission4 7,b7 ,general revenues prohibited ,a fee collected under paragraph 7#b7 for a fiscal year shall not be deposited and credited as general revenue of the ,treasury4 7#d7 ,lapse of appropriation ,if on the first day of a fiscal year a regular appropriation to the ,commission has not been enacted1 the ,commission shall continue to collect 7as offsetting collections7 the fees imposed under paragraph 7#a7 at the rate in effect during the preceding fiscal year1 until #fj days after the date such a regular appropriation is enacted4 7j7 ,commodity ,futures ,trading ,commission reserve fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a separate fund1 to be known as the ,commodity ,futures ,trading ,commission ,reserve ,fund 7referred to in this subsection as the ,reserve ,fund74 7#b7 ,imposition of fees ,the ,commission shall impose and collect an additional fee1 as provided in subsection 7i71 except that the total amount of the fees imposed and collected in each fiscal year shall not exceed an amount equal to the amount 7if any7 by which #ej1jjj1jjj exceeds the balance in the ,reserve ,fund as of the end of the preceding fiscal year1 and paragraphs 7#b77;,c7 and 7#d7 of subsection 7i7 shall not apply with respect to this subsection4 7#c7 ,deposits into reserve fund 7,a7 ,in general ,except as provided in this paragraph1 all fees collected under this paragraph shall be deposited into the ,reserve ,fund4 7,b7 ,limitation ,the balance in the ,reserve ,fund shall not exceed #ej1jjj1jjj4 7#d7 ,use of funds ,the ,commission may obligate amounts in the ,reserve ,fund1 not to exceed a total of #ej1jjj1jjj in any #a fiscal year1 as the ,commission determines is necessary to make long-term investments in information technology for use by the ,commission and to cover unexpected expenses of the ,commission 7as determined by the ,commission74 ,not later than #aj days after the date on which the ,commission obligates amounts under this paragraph1 the ,commission shall notify the ,congress of the date1 amount1 and purpose of the obligation4 7#e7 ,availability of funds ,amounts in the ,reserve ,fund shall remain available until expended4 7#f7 ,rule of construction ,amounts in the ,reserve ,fund shall not be construed to be ,government funds or appropriated monies and shall not be subject to apportionment for the purpose of chapter #ae of title #ca1 ,united ,states ,code1 or under any other authority4 4