U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–012 2010

111th Congress, 2nd Session – – – – – – – – – – – – House Document 111–133 

REQUESTS FOR FY 2011 BUDGET AMENDMENTS 

COMMUNICATION 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

A REQUEST FOR BUDGET AMENDMENTS FOR FISCAL YEAR 2010 

PROPOSALS IN THE FISCAL YEAR 2011 BUDGET FOR THE DEPARTMENT OF COMMERCE 

JULY 15, 2009.—Referred to the Committee on Appropriations and ordered 

to be printed 


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THE WHITE HOUSE, 

Washington, July 12, 2010. 

Hon. NANCY PELOSI, 

Speaker of the House of Representatives, 

Washington, DC. 

DEAR MADAM SPEAKER: I ask the Congress to consider the enclosed amendments to Fiscal Year (FY) 2010 proposals in my FY 

2011 Budget for the Department of Commerce. 

Included are amendments that would support efforts to reduce 

backlogs in processing patent applications—by spurring innovation 

and reforming U.S. Patent and Trademark Office operations to 

make them more effective—and assure the continuation of efforts 

to administer and oversee grants awarded under the Broadband 

Technology Opportunity Program. The amounts requested for these 

amendments would be fully offset by a proposed cancellation of FY 

2010 unobligated balances from within the Department of Commerce’s Census Bureau. The proposed budget authority totals for 

FY 2010 in my FY 2011 Budget would not be affected by these 

amendments. 

The details of this request are set forth in the enclosed letter 

from the Director of the Office of Management and Budget. 

Sincerely, 

BARACK OBAMA. 

Enclosure. 


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[Estimate No. 9, 111th Cong., 2d Sess.] 

EXECUTIVE OFFICE OF THE PRESIDENT, 

OFFICE OF MANAGEMENT AND BUDGET, 

Washington, DC, July 12, 2010. 

The PRESIDENT, The White House. 

Submitted for your consideration are amendments to Fiscal Year 

(FY) 2010 proposals in your FY 2011 Budget for the Department 

of Commerce. 

Included are amendments that would support efforts to reduce 

backlogs in processing patent applications and spur innovation and 

reform U.S. Patent and Trademark Office operations to make them 

more effective, and to assure the continuation of efforts to administer and oversee grants awarded under the Broadband Technology 

Opportunity Program. The amounts requested for these amendments would be fully offset by a proposed cancellation of FY 2010 

unobligated balances from within the Department of Commerce’s 

Census Bureau. The proposed budget authority totals for FY 2010 

in your FY 2011 Budget would not be affected by these amendments. 

These amendments are described in more detail in the enclosure. 

Recommendation 

I have carefully reviewed this request and am satisfied that it is 

necessary at this time. Therefore, I join the Secretary of Commerce 

in recommending that you transmit this proposal to the Congress. 

Sincerely, 

PETER R. ORSZAG, 

Director. 

Enclosure. 


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FY 2010 Supplemental Proposal in the FY 2011 Budget 

DEPARTMENT OF COMMERCE 

U.S. PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

House Doc. 111–101 Page: 5 

FY 2011 Budget Appendix Page: 5 

FY 2010 Pending Supplemental Request: — 

Proposed Amendment: $129,000,000 

FY 2010 Revised Supplemental Request: $129,000,000 

(In the appropriations language, insert the above new agency, bureau and heading, and the following new language just after the 

heading ‘‘Food for Peace Title II Grants’’ and immediately before 

the heading ‘‘Department of Defense—Military’’:) 

For an additional amount for ‘‘Salaries and Expenses’’ of the 

United States Patent and Trademark Office, $129,000,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 and 35 

U.S.C. 41 and 376 are received during fiscal year 2010, so as to result in a fiscal year 2010 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2010, should 

the total amount of offsetting fee collections be less than 

$2,016,000,000, this amount shall be reduced accordingly: Provided 

further, That any amount received in excess of $2,016,000,000 in fiscal year 2010, in an amount up to $150,000,000, shall remain available until expended. 

This amendment would provide $129 million for U.S. Patent and 

Trademark Office (USPTO) efforts to reduce backlogs in processing 

patent applications and spur innovation and reform USPTO operations to make them more effective. The amendment makes available FY 2010 USPTO offsetting fee collections for those activities. 

If USPTO fee collections for FY 2010 exceed $2.016 billion (i.e., the 

$1.887 billion appropriation provided in the Consolidated Appropriations Act, 2010 (Public Law 111–117) and the additional $129 

million proposed here), USPTO would have spending authority for 

up to $150 million of those additional fee collections (up to $2.166 

billion in total). 

The $129 million proposed increase for the U.S. Patent and 

Trademark Office in FY 2010 would be fully offset by a corresponding decrease to the 2010 Decennial Census program in the 

Department of Commerce’s Census Bureau, as described in an accompanying amendment. An offset is necessary because the amendment would increase USPTO spending authority to equal its estimated 2010 collections, compared to its current spending limitation 

that results in surplus fee collections. 


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FY 2010 Supplemental Proposal in the FY 2011 Budget 

DEPARTMENT OF COMMERCE 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

House Doc. 111–101 Page: 5 

FY 2011 Budget Appendix Page: 1345 

FY 2010 Pending Supplemental Request:— 

Proposed Amendment: $10,000,000 

FY 2010 Revised Supplemental Request: $10,000,000 

In the appropriations language under the above newly inserted 

agency, insert the above new bureau and heading, and the following new language immediately following the newly inserted 

entry for ‘‘U.S. Patent and Trademark Office, Salaries and Expenses’’:) 

For an additional amount for ‘‘Salaries and Expenses’’ of the National Telecommunications and Information Administration, 

$10,000.000. to remain available until expended, for administration 

of grants authorized by section 6001 of the American Recovery and 

Reinvestment Act of 2009 (ARRA) (Public Law 111–5) and section 

106 of the Broadband Data Improvement Act (Public Law 110–385) 

and for the development and maintenance of the national 

broadband map authorized by section 6001 of ARRA. 

The amendment would provide $10 million for the National Telecommunications and Information Administration to administer and 

oversee grants awarded under the Broadband Technology Opportunity Program (BTOP). The American Recovery and Reinvestment 

Act of 2009 (ARRA) provided the BTOP $4.7 billion to increase 

broadband availability and adoption along with other activities. 

The ARRA funds will expire at the end of FY 2010 and all funds 

are expected to be obligated by then. The FY 2011 Budget requests 

$24 million to continue administration and oversight of awards 

after FY 2010. The amendment would provide $10 million in FY 

2010 to assure that administrative activities continue uninterrupted into FY 2011 and to provide more certainty to the program’s 

workforce. A separate budget amendment will be transmitted at a 

later time to the Congress to reduce the FY 2011 budget by the 

amount enacted in a supplemental appropriation. 

The $10 million proposed increase for BTOP in FY 2010 would 

be fully offset by a corresponding decrease to the 2010 Decennial 

Census program in the Department of Commerce’s Census Bureau, 

as described in an accompanying amendment. 


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FY 2010 Supplemental Proposal in the FY 2011 Budget 

DEPARTMENT OF COMMERCE 

BUREAU OF THE CENSUS

PERIODIC CENSUSES AND PROGRAMS

House Doc.111–101 Page: 5 

FY 2011 Budget Appendix Page: 1345 

FY 2010 Pending Supplemental Request:— 

Proposed Amendment: ¥$139,000,000 

FY 2010 Revised Supplemental Request: ¥$139,000,000 

(In the appropriations language under the above agency, insert the 

above new bureau and heading, and the following new language 

immediately following the newly inserted entry for ‘‘National Telecommunications and Information Administration, Salaries and Expenses’’:) 

Of funds made available under this heading by Public Law 111– 

117, $139,000,000 are hereby permanently cancelled. 

This amendment would cancel permanently $139 million of FY 

2010 unobligated balances from the 2010 Decennial Census program in the Department of Commerce’s Census Bureau. The funds 

are in excess of the program’s needs to complete the 2010 Decennial Census on schedule in 2013. 

The $139 million proposed decrease would fully offset a $129 million proposed increase to the U.S. Patent and Trademark Office in 

the Department of Commerce and a $10 million proposed increase 

to the Broadband Technology Opportunity Program in the Department of Commerce, as described in the accompanying amendments. 

Æ 


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