116 STAT. 1598 PUBLIC LAW 107-250—OCT. 26, 2002 Reports. Deadline. of fees appropriated for such fiscal years, is equal to or greater than the sum of— "(I) $205,720,000 multiplied by the adjustment factor applicable to fiscal year 2003; "(II) $205,720,000 multiplied by the adjustment factor applicable to fiscal year 2004; and "(III) $205,720,000 multiplied by the adjustment factor applicable to fiscal year 2005. "(ii) For fiscal year 2005, if the total of the amounts so appropriated for fiscal years 2003 through 2005, excluding the amount of fees appropriated for such fiscal years, is less than the sum that applies under clause (i) for fiscal year 2005, the following applies: "(I) The Secretary is expected to meet such goals to the extent practicable, taking into account the amounts that are available to the Secretary for such purpose, whether from fees under subsection (a) or otherwise. "(II) The Comptroller General of the United States shall submit to the Congress a report describing whether and to what extent the Secretary is meeting the performance goals identified for such fiscal year, and whether the Secretary will be able to meet all performance goals identified for fiscal year 2006. The report under the preceding sentence shall be submitted to the Congress not later than July 1, 2005. "(C) For fiscal year 2006, fees may not be assessed under subsection (a) for the fiscal year, and the Secretary is not expected to meet any performance goals identified for the fiscal year, if the total of the amounts so appropriated for fiscal years 2003 through 2006, excluding the amount of fees appropriated for such fiscal years, is less than the sum of— "(i) $205,720,000 multiplied by the adjustment factor applicable to fiscal year 2006; and "(ii) an amount equal to the sum that applies for purposes of subparagraph (B)(i). "(D) For fiscal year 2007, fees may not be assessed under subsection (a) for the fiscal year, and the Secretary is not expected to meet any performance goals identified for the fiscal year, if— "(i) the amount so appropriated for the fiscal year, excluding the amount of fees appropriated for the fiscal year, is less than $205,720,000 multiplied by the adjustment factor applicable to fiscal year 2007; or "(ii) pursuant to subparagraph (C), fees were not assessed under subsection (a) for fiscal year 2006. "(2) AUTHORITY.— If the Secretary does not assess fees under subsection (a) during any portion of a fiscal year because of subparagraph (C) or (D) of paragraph (1) and if at a later date in such fiscal year the Secretary may assess such fees, the Secretary may assess and collect such fees, without any modification in the rate for premarket applications, supplements, premarket reports, and premarket notification submissions, and at any time in such fiscal year, notwithstanding the provisions of subsection (a) relating to the date fees are to be paid.
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