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B-330804 1 (2019-03-05)

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G                   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-330804


March 5, 2019

The Honorable Mike Crapo
Chairman
The Honorable Sherrod Brown
Ranking Member
Committee on Banking, Housing, and Urban Affairs
United States Senate

The Honorable Maxine Waters
Chairwoman
The Honorable Patrick McHenry
Ranking Member
Committee on Financial Services
House of Representatives

Subject: Securities and Exchange Commission: Transaction Fee Pilot for NMS Stocks

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
major rule promulgated by the Securities and Exchange Commission (Commission)
entitled Transaction Fee Pilot for NMS Stocks (RIN: 3235-0761). We received the rule
on December 21, 2018. It was published in the Federal Register as a final rule on
February 20, 2019. 84 Fed. Reg. 5202. The effective date of the final rule is April 22,
2019, through December 29, 2023.

The final rule conducts a Transaction Fee Pilot for National Market System stocks to
study the effects that exchange transaction fee-and-rebate pricing models may have on
order routing behavior, execution quality, and market quality. The Commission expects
the data generated by the pilot, combined with data from existing sources, will facilitate
an empirical evaluation of whether the existing exchange transaction-based fee and
rebate structure is operating effectively to further statutory goals.

The Congressional Review Act requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by
Congress, whichever is later. 5 U.S.C. § 801 (a)(3)(A). The Senate received the final
rule on January 9, 2019. 165 Cong. Rec. S101 (daily ed. January, 9, 2019). The
Congressional Record does not reflect the date of receipt by the House of
Representatives. It was published in the Federal Register on February 20, 2019, and
has a stated effective date of April 22, 2019. 84 Fed. Reg. 5202. If the House of

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