H. R. 4818—69
engineering, and related activities by the Institute for Telecommuni-
cation Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other Govern-
ment agencies shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For the administration of grants authorized by section 392
of the Communications Act of 1934, $21,769,000, to remain available
until expended as authorized by section 391 of the Act: Provided,
That not to exceed $2,000,000 shall be available for program
administration as authorized by section 391 of the Act: Provided
further, That, notwithstanding the provisions of section 391 of the
Act, the prior year unobligated 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, recoveries and
unobligated balances of funds previously appropriated 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 Trade-
mark Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office,
$1,336,000,000, to remain available until expended, which shall
be derived from offsetting collections assessed and collected pursu-
ant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be
retained and used for necessary expenses: Provided, That the sum
herein appropriated from the general 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 $1,356,000,000, this amount shall be reduced accordingly:
Provided further, That not less than 526 full-time equivalents,
530 positions and $72,899,000 shall be for the examination of trade-
mark applications; and not less than 5,057 full-time equivalents,
5,139 positions and $759,021,000 shall be for the examination and
searching of patent applications: Provided further, That not more
than 244 full-time equivalents, 251 positions and $31,906,000 shall
be for the Office of the General Counsel: Provided further, That
of amounts made available under this heading, $20,000,000 shall
only be available for initiatives to protect United States intellectual
property overseas: 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
H. R. 4818—70
entity for travel, subsistence, or related expenses for the purpose
of enabling an employee to attend and participate in a convention,
conference, or meeting when the entity offering payment or
reimbursement is a person or corporation subject to regulation
by the Office, or represents a person or corporation subject to
regulation by the Office, unless the person or corporation is an
organization exempt from taxation pursuant to section 501(c)(3)
of the Internal Revenue Code of 1986.
In addition, fees authorized by title VIII of this Act may be
collected and credited to this account as offsetting collections: Pro-
vided, 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 equivalents, 72
positions and $5,551,000 shall be for the examination of trademark
applications; and not less than 378 full-time equivalents, 709 posi-
tions and $106,986,000 shall be for the examination and searching
of patent applications: 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 $1,574,754,000: Pro-
vided 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 difference 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 (as defined by section
8331(17) of that title) of basic pay, of employees subject to sub-
chapter III of chapter 83 of that title; and (2) the present value
of the otherwise unfunded accruing costs, as determined by the
Office of Personnel Management, of post-retirement life insurance
and post-retirement health benefits coverage for all PTO employees,
shall be transferred to the Civil Service Retirement and Disability
Fund, the Employees Life Insurance Fund, and the Employees
Health Benefits Fund, as appropriate, and shall be available for
the authorized purposes of those accounts.
SCIENCE AND TECHNOLOGY
TECHNOLOGY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for Technology
Office of Technology Policy, $6,547,000: Provided, That section 8(a)
of the Technology Administration Act of 1998 (15 U.S.C. 1511e(a))
is amended by striking ‘‘Technology Administration of’’ after ‘‘within
the’’: Provided further, That $200,000 is for the World Congress
on Information Technology.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards
and Technology, $383,892,000, to remain available until expended,
of which not to exceed $2,900,000 may be transferred to the
‘‘Working Capital Fund’’.