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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3114 Received in Senate (RDS)]

111th CONGRESS
  1st Session
                                H. R. 3114

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 8, 2009

                                Received

_______________________________________________________________________

                                 AN ACT

 
  To authorize the Director of the United States Patent and Trademark 
Office to use funds made available under the Trademark Act of 1946 for 
patent operations in order to avoid furloughs and reductions-in-force, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORITY OF PTO DIRECTOR TO USE TRADEMARK FUNDS.

    (a) Authority.--
            (1) In general.--The Director of the United States Patent 
        and Trademark Office--
                    (A) may use funds made available for fiscal year 
                2009, pursuant to section 31 of the Trademark Act of 
                1946 (15 U.S.C. 1113), under the heading ``Department 
                of Commerce--United States Patent and Trademark 
                Office--Salaries and Expenses'' in title I of division 
                B of the Omnibus Appropriations Act, 2009 (Public Law 
                111-8), up to $70,000,000, to support the processing of 
                patents and other activities, services, and materials 
                relating to patents, notwithstanding section 42(c) of 
                title 35, United States Code; and
                    (B) notwithstanding any other provision of law, 
                shall, upon the exercise of the authority under 
                subparagraph (A), establish a surcharge, in amounts up 
                to $70,000,000, on patent fees in effect under title 
                35, United States Code, to repay any funds drawn down 
                pursuant to subparagraph (A),
        if the Director certifies in writing to the Congress that the 
        use of the funds described in subparagraph (A) is reasonably 
        necessary to avoid furloughs or a reduction-in-force, or both, 
        in the United States Patent and Trademark Office, and does not 
        create a substantial risk of a furlough or reduction-in-force 
        of personnel working in the Trademark Operation of the United 
        States Patent and Trademark Office.
            (2) Surcharges deposited in treasury.--All surcharges paid 
        under paragraph (1)(B) shall be deposited in the Treasury as an 
        offsetting receipt that shall not be available for obligation 
        or expenditure.
    (b) Limitations on Authority.--The authority under subsection 
(a)(1)(A) shall terminate on June 30, 2010. The surcharge established 
under subsection (a)(1)(B) shall take effect no later than September 
30, 2011, and all funds drawn down pursuant to subsection (a)(1)(A) 
shall be repaid pursuant to subsection (a)(1)(B) no later than 
September 30, 2014.
    (c) Definitions.--In this section:
            (1) Director.--The terms ``Director of the United States 
        Patent and Trademark Office'' and ``Director'' mean the Under 
        Secretary of Commerce for Intellectual Property and Director of 
        the United States Patent and Trademark Office.
            (2) Trademark act of 1946.--The term ``Trademark Act of 
        1946'' means the Act entitled ``An Act to provide for the 
        registration and protection of trademarks used in commerce, to 
        carry out the provisions of certain international conventions, 
        and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 
        et seq.).

            Passed the House of Representatives July 7, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```