to remain available until expended as authorized by sec-
tion 391 of the Act: Provided, That, notwithstanding the
provisions of section 391 of the Act, the prior year unobli-
gated balances may be made available for grants for
projects for which applications have been submitted and
approved during any fiscal year.
INFORMATION INFRASTRUCTURE GRANTS
For the administration of prior year grants, recov-
eries and unobligated balances of funds previously appro-
priated for grants are available only for the administration
of all open grants until their expiration.
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the United States Patent
and Trademark Office provided for by law, including de-
fense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the
United 
States 
Patent 
and 
Trademark 
Office,
$1,314,653,000, which shall be derived from offsetting
collections assessed and collected pursuant to 15 U.S.C.
1113 and 35 U.S.C. 41 and 376, and shall be retained
and used for necessary expenses in this appropriation:
Provided, That the sum herein appropriated from the gen-
eral fund shall be reduced as such offsetting collections
are received during fiscal year 2005, so as to result in
a fiscal year 2005 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year
2005, should the total amount of offsetting fee collections
be less than $1,314,653,000, this amount shall be reduced
accordingly: Provided further, That not less than 584 full-
time equivalents, 602 positions and $78,450,000 shall be
for the examination of trademark applications; and not
less than 5,435 full-time equivalents, 5,848 positions and
$866,007,000 shall be for the examination and searching
of patent applications: Provided further, That not more
than 264 full-time equivalents, 271 positions and
$36,861,000 shall be for the Office of the General Coun-
sel: Provided further, That from amounts provided herein,
not to exceed $1,000 shall be made available in fiscal year
2005 for official reception and representation expenses:
Provided further, That, notwithstanding section 1353 of
title 31, United States Code, no employee of the United
States Patent and Trademark Office may accept payment
or reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of ena-
bling an employee to attend and participate in a conven-
tion, conference, or meeting when the entity offering pay-
ment or reimbursement is a person or corporation subject
to regulation by the Office, or represents a person or cor-
poration subject to regulation by the Office, unless the
person or corporation is an organization exempt from tax-
ation pursuant to section 501(c)(3) of the Internal Rev-
enue Code of 1986.
Upon enactment of authorization to increase fees col-
lected pursuant to 35 U.S.C. 41, any resulting increased
receipts may be collected and credited to this account as
offsetting collections: Provided, That not to exceed
$218,754,000 derived from such offsetting collections
shall be available until expended for authorized purposes:
Provided further, That not less than 58 full-time equiva-
lents, 72 positions and $5,551,000 shall be for the exam-
ination of trademark applications; and not less than 378
full-time equivalents, 709 positions and $106,986,000
shall be for the examination and searching of patent appli-
cations: Provided further, That not more than 20 full-time
equivalents, 20 positions and $4,955,000 shall be for the
Office of the General Counsel: Provided further, That the
total amount appropriated from fees collected in fiscal
year 2005, including such increased fees, shall not exceed
$1,533,407,000: Provided further, That in fiscal year
2005, from the amounts made available for ‘‘Salaries and
Expenses’’ for the United States Patent and Trademark
Office (PTO), the amounts necessary to pay (1) the dif-
ference between the percentage of basic pay contributed
by the PTO and employees under section 8334(a) of title
5, United States Code, and the normal cost percentage