110 
•AMDT. NO. 4805 
SEC. 749. None of the funds appropriated or made 
available by this or any other Act shall be used to pay 
the salaries and expenses of personnel to carry out a bio-
mass crop assistance program as authorized by section 
9011 of Public Law 107–171 in fiscal year 2011. 
This division may be cited as the ‘‘Agriculture, Rural 
Development, Food and Drug Administration, and Re-
lated Agencies Appropriations Act, 2011’’. 
DIVISION 
B—COMMERCE, 
JUSTICE, 
SCIENCE, AND RELATED AGENCIES 
APPROPRIATIONS ACT, 2011 
TITLE I 
DEPARTMENT OF COMMERCE 
INTERNATIONAL TRADE ADMINISTRATION 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for international trade activi-
ties of the Department of Commerce provided for by law, 
and for engaging in trade promotional activities abroad, 
including expenses of grants and cooperative agreements 
for the purpose of promoting exports of United States 
firms, without regard to 44 U.S.C. 3702 and 3703; full 
medical coverage for dependent members of immediate 
families of employees stationed overseas and employees 
temporarily posted overseas; travel and transportation of 
employees of the International Trade Administration be-
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111 
•AMDT. NO. 4805 
tween two points abroad, without regard to 49 U.S.C. 
40118; employment of Americans and aliens by contract 
for services; rental of space abroad for periods not exceed-
ing 10 years, and expenses of alteration, repair, or im-
provement; purchase or construction of temporary de-
mountable exhibition structures for use abroad; payment 
of tort claims, in the manner authorized in the first para-
graph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $245,250 for official representa-
tion expenses abroad; purchase of passenger motor vehi-
cles for official use abroad, not to exceed $45,000 per vehi-
cle; obtaining insurance on official motor vehicles; and 
rental of tie lines, $514,204,000, to remain available until 
September 30, 2012, of which $9,439,000 is to be derived 
from fees to be retained and used by the International 
Trade Administration, notwithstanding 31 U.S.C. 3302: 
Provided, That not less than $7,000,000 shall be for the 
Office of China Compliance, and not less than $4,400,000 
shall be for the China Countervailing Duty Group: Pro-
vided further, That the provisions of the first sentence of 
section 105(f) and all of section 108(c) of the Mutual Edu-
cational and Cultural Exchange Act of 1961 (22 U.S.C. 
2455(f) and 2458(c)) shall apply in carrying out these ac-
tivities without regard to section 5412 of the Omnibus 
Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); 
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112 
•AMDT. NO. 4805 
and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Ex-
change Act of 1961 shall include payment for assessments 
for services provided as part of these activities: Provided 
further, That negotiations shall be conducted within the 
World Trade Organization to recognize the right of mem-
bers to distribute monies collected from antidumping and 
countervailing duties: Provided further, That negotiations 
shall be conducted within the World Trade Organization 
consistent with the negotiating objectives contained in the 
Trade Act of 2002, Public Law 107–210: Provided further, 
That within the amounts appropriated, $3,400,000 shall 
be used for the projects, and in the amounts, as specified 
in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act). 
BUREAU OF INDUSTRY AND SECURITY 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for export administration and 
national security activities of the Department of Com-
merce, including costs associated with the performance of 
export administration field activities both domestically and 
abroad; full medical coverage for dependent members of 
immediate families of employees stationed overseas; em-
ployment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized 
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113 
•AMDT. NO. 4805 
in the first paragraph of 28 U.S.C. 2672 when such claims 
arise in foreign countries; not to exceed $11,250 for offi-
cial representation expenses abroad; awards of compensa-
tion to informers under the Export Administration Act of 
1979, and as authorized by 22 U.S.C. 401(b); and pur-
chase of passenger motor vehicles for official use and 
motor vehicles for law enforcement use with special re-
quirement vehicles eligible for purchase without regard to 
any price limitation otherwise established by law, 
$109,975,000, to remain available until expended, of 
which $31,680,000 shall be for inspections and other ac-
tivities related to national security: Provided, That the 
provisions of the first sentence of section 105(f) and all 
of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) 
shall apply in carrying out these activities: Provided fur-
ther, That payments and contributions collected and ac-
cepted for materials or services provided as part of such 
activities may be retained for use in covering the cost of 
such activities, and for providing information to the public 
with respect to the export administration and national se-
curity activities of the Department of Commerce and other 
export control programs of the United States and other 
governments. 
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114 
•AMDT. NO. 4805 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For grants for economic development assistance as 
provided by the Public Works and Economic Development 
Act of 1965, and for trade adjustment assistance, 
$277,000,000, to remain available until expended. 
SALARIES AND EXPENSES 
For necessary expenses of administering the eco-
nomic development assistance programs as provided for by 
law, $40,181,000: Provided, That these funds may be used 
to monitor projects approved pursuant to title I of the 
Public Works Employment Act of 1976, title II of the 
Trade Act of 1974, and the Community Emergency 
Drought Relief Act of 1977. 
MINORITY BUSINESS DEVELOPMENT AGENCY 
MINORITY BUSINESS DEVELOPMENT 
For necessary expenses of the Department of Com-
merce in fostering, promoting, and developing minority 
business enterprise, including expenses of grants, con-
tracts, and other agreements with public or private organi-
zations, $32,316,000. 
ECONOMIC AND STATISTICAL ANALYSIS 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, of eco-
nomic and statistical analysis programs of the Department 
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115 
•AMDT. NO. 4805 
of Commerce, $110,000,000, to remain available until 
September 30, 2012. 
BUREAU OF THE CENSUS 
SALARIES AND EXPENSES 
For expenses necessary for collecting, compiling, ana-
lyzing, preparing, and publishing statistics, provided for 
by law, $271,364,000. 
PERIODIC CENSUSES AND PROGRAMS 
For necessary expenses to collect and publish statis-
tics for periodic censuses and programs provided for by 
law, $964,059,000, to remain available until September 
30, 2012: Provided, That from amounts provided herein, 
funds may be used for promotion, outreach, and mar-
keting activities. 
NATIONAL TELECOMMUNICATIONS AND INFORMATION 
ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses, as provided for by law, of 
the National Telecommunications and Information Ad-
ministration (NTIA), $41,568,000, to remain available 
until September 30, 2012: Provided, That, notwith-
standing 31 U.S.C. 1535(d), the Secretary of Commerce 
shall charge Federal agencies for costs incurred in spec-
trum management, analysis, operations, and related serv-
ices, and such fees shall be retained and used as offsetting 
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116 
•AMDT. NO. 4805 
collections for costs of such spectrum services, to remain 
available until expended: Provided further, That the Sec-
retary of Commerce is authorized to retain and use as off-
setting collections all funds transferred, or previously 
transferred, from other Government agencies for all costs 
incurred in telecommunications research, engineering, and 
related activities by the Institute for Telecommunication 
Sciences of NTIA, in furtherance of its assigned functions 
under this paragraph, and such funds received from other 
Government agencies shall remain available until ex-
pended. 
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING 
AND CONSTRUCTION 
For the administration of grants, authorized by sec-
tion 
392 
of 
the 
Communications 
Act 
of 
1934, 
$20,000,000, to remain available until expended as au-
thorized by section 391 of the Act: Provided, That not to 
exceed $2,000,000 shall be available for program adminis-
tration 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 appli-
cations have been submitted and approved during any fis-
cal year. 
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117 
•AMDT. NO. 4805 
UNITED STATES PATENT AND TRADEMARK OFFICE 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the United States Patent 
and Trademark Office (USPTO) provided for by law, in-
cluding defense of suits instituted against the Under Sec-
retary of Commerce for Intellectual Property and Director 
of the United States Patent and Trademark Office, 
$2,262,000,000, to remain available until expended: Pro-
vided, 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 2011, so as to re-
sult in a fiscal year 2011 appropriation from the general 
fund estimated at $0: Provided further, That during fiscal 
year 2011, should the total amount of offsetting collec-
tions, and the surcharge provided herein, be less than 
$2,262,000,000, this amount shall be reduced accordingly: 
Provided further, That any amount received in excess of 
$2,262,000,000 in fiscal year 2011, in an amount up to 
$200,000,000, shall remain available until expended: Pro-
vided further, That from amounts provided herein, not to 
exceed $750 shall be made available in fiscal year 2011 
for official reception and representation expenses: Pro-
vided further, That in fiscal year 2011 from the amounts 
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118 
•AMDT. NO. 4805 
made available for ‘‘Salaries and Expenses’’ for the 
USPTO, the amounts necessary to pay: (1) the difference 
between the percentage of basic pay contributed by the 
USPTO 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 subchapter 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 USPTO em-
ployees, shall be transferred to the Civil Service Retire-
ment and Disability Fund, the Employees Life Insurance 
Fund, and the Employees Health Benefits Fund, as ap-
propriate, and shall be available for the authorized pur-
poses of those accounts: Provided further, That sections 
801, 802, and 803 of division B, Public Law 108–447 
shall remain in effect during fiscal year 2011: Provided 
further, That the Director may, this year, reduce by regu-
lation fees payable for documents in patent and trademark 
matters, in connection with the filing of documents filed 
electronically in a form prescribed by the Director: Pro-
vided further, That from the amounts provided herein, no 
less than $4,000,000 shall be available only for the 
USPTO contribution in a cooperative or joint agreement 
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119 
•AMDT. NO. 4805 
or agreements with a non-profit organization or organiza-
tions, successfully audited within the previous year, and 
with previous experience in such programs, to conduct pol-
icy studies, including studies relating to activities of 
United Nations Specialized agencies and other inter-
national organizations, as well as conferences and other 
development programs, in support of fair international 
protection of intellectual property rights: Provided further, 
That there shall be a surcharge of 15 percent, rounded 
by standard arithmetic rules, on fees charged or author-
ized by subsections (a), (b) and (d)(1) of section 41 of 
title 35, United States Code, as administered under Public 
Law 108–447 and this Act and on fees charged or author-
ized by section 132(b) of title 35, United States Code: Pro-
vided further, That the surcharge established under the 
previous proviso shall be separate from, and in addition 
to, any other surcharge that may be required pursuant 
to any provision of title 35, United States Code: Provided 
further, That the surcharge established in the previous two 
provisions shall take effect on the date that is 10 days 
after the date of enactment of this Act, and shall remain 
in effect during fiscal year 2011: Provided further, That, 
the receipts collected as a result of these surcharges shall 
be available, within the amounts provided herein, to the 
USPTO without fiscal year limitation, for all authorized 
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