cordance with clause (i) within 30 days 
after receipt by the derivatives clearing or-
ganization or swap data repository, as the 
case may be, the organization or reposi-
tory, as the case may be, shall transmit the 
fee to the Commission. 
‘‘(B) 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 4r, each party to the swap 
shall pay the fee determined under paragraph 
(1) to the Commission in a manner and within 
such time as the Commission deems appro-
priate. 
‘‘(C) SUBJECT TO APPROPRIATIONS.—Ex-
cept as provided in paragraph (4), a fee shall 
not be collected under this subsection for a fis-
cal year, except to the extent provided in ad-
vance in appropriation Acts. 
‘‘(3) DEPOSIT OF FEES.— 
‘‘(A) OFFSETTING
COLLECTIONS.—A fee 
collected under paragraph (2) for a fiscal year 
shall be deposited and credited as offsetting col-
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lections to the account providing appropriations 
to the Commission. 
‘‘(B) GENERAL REVENUES PROHIBITED.— 
A fee collected under paragraph (2) for a fiscal 
year shall not be deposited and credited as gen-
eral revenue of the Treasury. 
‘‘(4) LAPSE
OF
APPROPRIATION.—If on the 
first day of a fiscal year a regular appropriation to 
the Commission has not been enacted, the Commis-
sion shall continue to collect (as offsetting collec-
tions) the fees imposed under paragraph (1) at the 
rate in effect during the preceding fiscal year, until 
60 days after the date such a regular appropriation 
is enacted. 
‘‘(j) COMMODITY FUTURES TRADING COMMISSION 
RESERVE FUND.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a separate fund, 
to be known as the ‘Commodity Futures Trading 
Commission Reserve Fund’ (referred to in this sub-
section as the ‘Reserve Fund’). 
‘‘(2) IMPOSITION OF FEES.—The Commission 
shall impose and collect an additional fee, as pro-
vided in subsection (i), except that the total amount 
of the fees imposed and collected in each fiscal year 
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shall not exceed an amount equal to the amount (if 
any) by which $50,000,000 exceeds the balance in 
the Reserve Fund as of the end of the preceding fis-
cal year, and paragraphs (2)(C) and (4) of sub-
section (i) shall not apply with respect to this sub-
section. 
‘‘(3) DEPOSITS INTO RESERVE FUND.— 
‘‘(A) IN GENERAL.—Except as provided in 
this paragraph, all fees collected under this 
paragraph shall be deposited into the Reserve 
Fund. 
‘‘(B) LIMITATION.—The balance in the Re-
serve Fund shall not exceed $50,000,000. 
‘‘(4) USE OF FUNDS.—The Commission may 
obligate amounts in the Reserve Fund, not to exceed 
a total of $50,000,000 in any 1 fiscal year, 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 (as determined by the Commis-
sion). Not later than 10 days after the date on 
which the Commission obligates amounts under this 
paragraph, the Commission shall notify the Congress 
of the date, amount, and purpose of the obligation. 
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‘‘(5) AVAILABILITY
OF
FUNDS.—Amounts in 
the Reserve Fund shall remain available until ex-
pended. 
‘‘(6) RULE
OF
CONSTRUCTION.—Amounts in 
the Reserve Fund shall not be construed to be Gov-
ernment funds or appropriated monies and shall not 
be subject to apportionment for the purpose of chap-
ter 15 of title 31, United States Code, or under any 
other authority.’’. 
Æ 
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