Page:United States Statutes at Large Volume 119.djvu/458

 119 STAT. 440

‘‘(B) NOTICE TO CONGRESS.—Not later than 14 days before the Secretary anticipates the use of funds described in subparagraph (A), the Secretary shall provide notice to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives.’’; (3) in subsection (d)— (A) in paragraph (1), by inserting after the first sentence the following: ‘‘For the purposes of this paragraph, the term ‘small business’ means an entity that reported $30,000,000 or less of gross receipts or sales in its most recent Federal income tax return for a taxable year, including such returns of all of its affiliates, partners, and parent firms.’’; and (B) in paragraph (2)(A), by— (i) striking ‘‘(i) IN GENERAL.—’’; (ii) striking ‘‘subsection,’’ and inserting ‘‘paragraph,’’; (iii) striking ‘‘$30,000,000’’ and inserting ‘‘$100,000,000’’; and (iv) striking clause (ii); (4) in subsection (e)(2)(A), by striking ‘‘$30,000,000’’ and inserting ‘‘$100,000,000’’; (5) in subsection (g)(1)— (A) in subparagraph (B)— (i) by striking clause (i) and inserting the following: ‘‘(i) For fiscal year 2005, the Secretary is expected to meet all of the performance goals identified for the fiscal year if the amount so appropriated for such fiscal year, excluding the amount of fees appropriated for such fiscal year, is equal to or greater than $205,720,000 multiplied by the adjustment factor applicable to the fiscal year.’’; and (ii) in clause (ii), by striking the matter preceding subclause (I) and inserting the following: ‘‘(ii) For fiscal year 2005, if the amount so appropriated for such fiscal year, excluding the amount of fees appropriated for such fiscal year, is more than 1 percent less than the amount that applies under clause (i), the following applies:’’; (B) in subparagraph (C)— (i) in the matter preceding clause (i), by— (I) striking ‘‘2003 through’’ and inserting ‘‘2005 and’’; and (II) inserting ‘‘more than 1 percent’’ after ‘‘years, is’’; and (ii) in clause (ii), by striking ‘‘sum’’ and inserting ‘‘amount’’; and (C) in subparagraph (D)(i), by inserting ‘‘more than 1 percent’’ after ‘‘year, is’’; (6) in subsection (h)(3)— (A) in subparagraph (C), by striking the semicolon and inserting ‘‘; and’’; and (B) by striking subparagraphs (D) and (E) and inserting the following:

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PUBLIC LAW 109–43—AUG. 1, 2005

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