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S. 462, Securities and Exchange Commission Overpayment Credit Act 1 (April 4, 2017)

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                  CONGRESSIONAL BUDGET OFFICE
                             COST   ESTIMATE

                                                                    April 4, 2017


                                    S.  462
      Securities and  Exchange   Commission Overpayment Credit Act

      As reported by the Senate Committee on Banking, Housing, and Urban Affairs
                                on March 13, 2017


Under current law, the Security and Exchange Commission (SEC) is required to collect
fees and assessments from national securities exchanges to cover the agency's costs of
regulating such exchanges. The SEC is required to adjust the annual rates that associations
and exchanges must pay so that collections in a given year equal the amount appropriated
to the agency for that year. S. 462 would require the SEC to refund any overpayment of
such fees that an exchange identifies within 10 years of the overpayment and that occurred
before the enactment of the bill by lowering future collections due from an exchange by the
amount of any previous overpayment by that exchange.

Based on an analysis of information from the SEC on the amount national securities
exchanges estimate they have overpaid in the past, CBO estimates that enacting S. 462
would initially reduce fees by $3 million to retroactively refund overpayments. For this
estimate, CBO assumes that S. 462 will be enacted, and that those retroactive fee
reductions will occur, before the end of 2017. Because those reductions would not be
contingent on further legislation, CBO estimates they would increase direct spending by
$3 million in 2017. Because enacting the bill would affect direct spending, pay-as-you-go
procedures apply. Enacting S. 462 would not affect revenues.

In years after 2017 the SEC may need to provide additional refunds by reducing collections
from exchanges for overpayments that have not yet been identified. Such reimbursements
would result in a reduction in amounts collected by the SEC in the year in which they
occur. CBO estimates that any resulting net reduction in fees after 2017 would be
insignificant in any given year over the 2018-2027 period.

The Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or revenues. The net changes in outlays
that are subject to those pay-as-you-go procedures are shown in the following table.

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