125 
States Code, is amended by inserting ‘‘, and the Office 
is authorized to expend funds to cover the subsistence ex-
penses and travel-related expenses, including per diem, 
lodging costs, and transportation costs, of non-federal em-
ployees attending such programs’’ after ‘‘world’’. 
(b) PAYMENT OF ADMINISTRATIVE JUDGES.—Sec-
tion 3(b) of title 35, United States Code, is amended by 
adding at the end the following: 
‘‘(6) ADMINISTRATIVE
PATENT
JUDGES
AND 
ADMINISTRATIVE TRADEMARK JUDGES.—The Direc-
tor has the authority to fix the rate of basic pay for 
the administrative patent judges appointed pursuant 
to section 6 of this title and the administrative 
trademark judges appointed pursuant to section 17 
of the Trademark Act of 1946 (15 U.S.C. 1067) at 
not greater than the rate of basic pay payable for 
Level III of the Executive Schedule. The payment of 
a rate of basic pay under this paragraph shall not 
be subject to the pay limitation of section 5306(e) 
or 5373 of title 5.’’. 
SEC. 22. PATENT AND TRADEMARK OFFICE FUNDING. 
(a) DEFINITION.—In this section, the term ‘‘Fund’’ 
means the United States Patent and Trademark Office 
Public Enterprise Fund established under subsection (c). 
(b) FUNDING.— 
VerDate Mar 15 2010 
04:33 Mar 31, 2011
Jkt 099200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H1249.IH
H1249
Emcdonald on DSK2BSOYB1PROD with BILLS
126 
(1) IN
GENERAL.—Section 42 of title 35, 
United States Code, is amended— 
(A) in subsection (b), by striking ‘‘Patent 
and Trademark Office Appropriation Account’’ 
and inserting ‘‘United States Patent and 
Trademark Office Public Enterprise Fund’’; 
and 
(B) in subsection (c), in the first sen-
tence— 
(i) by striking ‘‘To the extent’’ and all 
that follows through ‘‘fees’’ and inserting 
‘‘Fees’’; and 
(ii) by striking ‘‘shall be collected by 
and shall be available to the Director’’ and 
inserting ‘‘shall be collected by the Direc-
tor and shall be available until expended’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the later of— 
(A) October 1, 2011; or 
(B) the first day of the first fiscal year 
that begins after the date of the enactment of 
this Act. 
(c) USPTO REVOLVING FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a revolving fund 
VerDate Mar 15 2010 
04:33 Mar 31, 2011
Jkt 099200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H1249.IH
H1249
Emcdonald on DSK2BSOYB1PROD with BILLS
127 
to be known as the ‘‘United States Patent and 
Trademark 
Office 
Public 
Enterprise 
Fund’’. 
Amounts shall be deposited in the Fund as an off-
setting receipt and shall be available for use by the 
Director without fiscal year limitation. 
(2) DERIVATION OF RESOURCES.—There shall 
be deposited into the Fund, on and after the effec-
tive date set forth in subsection (b)(2)— 
(A) any fees collected under sections 41, 
42, and 376 of title 35, United States Code, ex-
cept that— 
(i) notwithstanding any other provi-
sion of law, if such fees are collected by, 
and payable to, the Director, the Director 
shall transfer such amounts to the Fund; 
and 
(ii) no funds collected pursuant to sec-
tion 9(h) of this Act or section 1(a)(2) of 
Public Law 111–45 shall be deposited in 
the Fund; and 
(B) any fees collected under section 31 of 
the Trademark Act of 1946 (15 U.S.C. 1113). 
(3) EXPENSES.—Amounts deposited into the 
Fund under paragraph (2) shall be available, with-
out fiscal year limitation, to cover— 
VerDate Mar 15 2010 
04:33 Mar 31, 2011
Jkt 099200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H1249.IH
H1249
Emcdonald on DSK2BSOYB1PROD with BILLS
128 
(A) all expenses to the extent consistent 
with the limitation on the use of fees set forth 
in section 42(c) of title 35, United States Code, 
including all administrative and operating ex-
penses, determined in the discretion of the Di-
rector to be ordinary and reasonable, incurred 
by the Director for the continued operation of 
all services, programs, activities, and duties of 
the Office relating to patents and trademarks, 
as such services, programs, activities, and du-
ties are described under— 
(i) title 35, United States Code; and 
(ii) the Trademark Act of 1946; and 
(B) all expenses incurred pursuant to any 
obligation, representation, or other commitment 
of the Office. 
(d) ANNUAL REPORT.—Not later than 60 days after 
the end of each fiscal year, the Director shall submit a 
report to Congress which shall— 
(1) summarize the operations of the Office for 
the preceding fiscal year, including financial details 
and staff levels broken down by each major activity 
of the Office; 
VerDate Mar 15 2010 
04:33 Mar 31, 2011
Jkt 099200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H1249.IH
H1249
Emcdonald on DSK2BSOYB1PROD with BILLS
129 
(2) detail the operating plan of the Office, in-
cluding specific expense and staff needs for the up-
coming fiscal year; 
(3) describe the long-term modernization plans 
of the Office; 
(4) set forth details of any progress towards 
such modernization plans made in the previous fiscal 
year; and 
(5) include the results of the most recent audit 
carried out under subsection (f). 
(e) ANNUAL SPENDING PLAN.— 
(1) IN GENERAL.—Not later than 30 days after 
the beginning of each fiscal year, the Director shall 
notify the Committees on Appropriations of both 
Houses of Congress of the plan for the obligation 
and expenditure of the total amount of the funds for 
that fiscal year in accordance with section 605 of the 
Science, State, Justice, Commerce, and Related 
Agencies Appropriations Act, 2006 (Public Law 
109–108; 119 Stat. 2334). 
(2) CONTENTS.—Each plan under paragraph 
(1) shall— 
(A) summarize the operations of the Office 
for the current fiscal year, including financial 
VerDate Mar 15 2010 
22:47 Apr 01, 2011
Jkt 099200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H1249.IH
H1249
Emcdonald on DSK2BSOYB1PROD with BILLS