[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3114 Enrolled Bill (ENR)]

        H.R.3114

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
             the sixth day of January, two thousand and nine


                                 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.).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.