115 STAT. 2396 PUBLIC LAW 107-123-^AN. 16, 2002 in dollars per million) that is applicable under section 6(b) of the Securities Act of 1933 for all of such fiscal years. "(7) PRO RATA APPLICATION.—The rates per $1,000,000 required by this subsection shall be applied pro rata to amounts and balances of less than $1,000,000. "(8) REVIEW AND EFFECTIVE DATE.— In exercising its authority under this subsection, 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 (5) or (6) and published under paragraph (10) shall not be subject to judicial review. Subject to paragraphs (4) and(9)— "(A) an adjusted rate prescribed under paragraph (5) shall take effect on the later of— "(i) the first day of the fiscal year to which such rate applies; or "(ii) five days after the date on which a regular appropriation to the Commission for such fiscal year is enacted; and "(B) an adjusted rate prescribed under paragraph (6) shall take effect on the later of— "(i) the first day of fiscal year 2012; or "(ii) five days after the date on which a regular appropriation to the Commission for fiscal year 2012 is enacted. Termination "(9) LAPSE OF APPROPRIATION. —If on the first day of a date. fiscal year a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until 5 days after the date such a regular appropriation is enacted. "(10) PUBLICATION.— The rate applicable under this subsection for each fiscal year is published pursuant to section 6(b)(10) of the Securities Act of 1933.". SEC. 6. FEES FOR PROXY SOLICITATIONS AND STATEMENTS IN COR- PORATE CONTROL TRANSACTIONS. Section 14(g) of the Securities Exchange Act of 1934 (15 U.S.C. 78n(g)) is amended— (1) in paragraphs (1) and (3), by striking "a fee of Vso of 1 per centum of" each place it appears and inserting "a fee at a rate that, subject to paragraphs (5) and (6), is equal to $92 per $1,000,000 of"; (2) by redesignating paragraph (4) as paragraph (11); and (3) by inserting after paragraph (3) the following new paragraphs: "(4) OFFSETTING COLLECTIONS.— Fees collected pursuant to this subsection for any fiscal year shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission, and, except as provided in paragraph (9), shall not be collected for any fiscal year except to the extent provided in advance in appropriation Acts. No fees collected pursuant to this subsection for fiscal year 2002 or any succeeding fiscal year shall be deposited and credited as general revenue of the Treasury. "(5) ANNUAL ADJUSTMENT.— For each of the fiscal years 2003 through 2011, the Commission shall by order adjust each
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