SEC. 2. REQUIREMENT THAT THE COMMODITY FUTURES 
TRADING COMMISSION IMPOSE FEES AND AS-
SESSMENTS TO RECOVER THE COST OF AP-
PROPRIATIONS TO THE COMMISSION. 
Section 12 of the Commodity Exchange Act (7 U.S.C. 
16) is amended by adding at the end the following: 
‘‘(i) RECOVERY OF COSTS OF ANNUAL APPROPRIA-
TIONS.— 
‘‘(1) IMPOSITION OF FEES.— 
‘‘(A) 
IN
GENERAL.—The 
Commission 
shall, by order, impose a fee on each agreement, 
contract, or transaction that is a contract of 
sale of a commodity for future delivery, an op-
tion on such a contract, or a swap, 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 year. 
‘‘(B) 
LIMITATION.—The 
fees 
imposed 
under this paragraph on all transactions of the 
same kind shall be determined in a uniform 
manner. 
‘‘(C) MID-YEAR ADJUSTMENT.— 
‘‘(i) IN
GENERAL.—By March 1 of 
each fiscal year, the Commission shall de-
termine whether, based on the fees col-
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lected under this subsection during the 
first 5 months of the fiscal year, the total 
of the amounts collected and to be col-
lected under this subsection for the fiscal 
year is reasonably likely to be 10 percent 
(or more) greater or less than the costs de-
scribed in subparagraph (A) for the fiscal 
year. If the Commission so determines, the 
Commission shall by order, no later than 
March 1 of the fiscal year, adjust the fee 
rates otherwise applicable under this para-
graph for the fiscal year so that the total 
of the amounts so collected and to be col-
lected is reasonably likely to equal to the 
costs so described. 
‘‘(ii) EFFECTIVE
DATE.—Subject to 
paragraphs (2)(C) and (4), an adjusted 
rate prescribed under clause (i) of this sub-
paragraph in a fiscal year shall take effect 
on the later of— 
‘‘(I) the 1st day of the fiscal year 
to which the rate applies; or 
‘‘(II) 60 days after the date on 
which a regular appropriation to the 
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Commission for the fiscal year is en-
acted. 
‘‘(D) 
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 30 days after 
the date on which a regular appropriation to 
the Commission for the fiscal year is enacted, 
together with any estimates or projections on 
which the fee rates are based. 
‘‘(E) INAPPLICABILITY OF RULE MAKING 
REQUIREMENTS.—In exercising its authority 
under this paragraph, the Commission shall not 
be required to comply with section 553 of title 
5, United States Code. 
‘‘(F) NO JUDICIAL REVIEW.—A fee rate 
prescribed under this paragraph and published 
in accordance with subparagraph (D) shall not 
be subject to judicial review. 
‘‘(2) PAYMENT AND COLLECTION OF FEES.— 
‘‘(A) 
CLEARED
TRANSACTIONS; 
UNCLEARED SWAPS REPORTED TO SWAP DATA 
REPOSITORIES.— 
‘‘(i) PAYMENT OF FEES.— 
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‘‘(I) CLEARED TRANSACTIONS.— 
In the case of a contract of sale of a 
commodity for future delivery, an op-
tion on such a contract, or a swap 
that is cleared by a derivatives clear-
ing organization registered or exempt 
from registration under this Act, each 
party to the agreement, contract, or 
transaction shall pay the fee deter-
mined under paragraph (1) to the de-
rivatives clearing organization. 
‘‘(II) UNCLEARED
SWAPS
RE-
PORTED
TO
SWAP
DATA
REPOSI-
TORIES.—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 repos-
itory registered under section 21, each 
party to the swap shall pay the trans-
action fee determined under para-
graph (1) to the swap data repository. 
‘‘(ii) COLLECTION
OF
FEES.—The 
Commission shall collect the fees paid in 
accordance with clause (i) in such manner 
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and within such time as the Commission 
deems appropriate. 
‘‘(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-
lections to the account providing appropriations 
to the Commission. 
‘‘(B) GENERAL REVENUES PROHIBITED.— 
A fee collected under paragraph (2) for a fiscal 
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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.’’. 
Æ 
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