[House Document 111-133]
[From the U.S. Government Publishing Office]


111th Congress, 2nd Session - - - - - - - - - - - - House Document 111-133


 
                 REQUESTS FOR FY 2011 BUDGET AMENDMENTS

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 A REQUEST FOR BUDGET AMENDMENTS FOR FISCAL YEAR 2010 PROPOSALS IN THE 
         FISCAL YEAR 2011 BUDGET FOR THE DEPARTMENT OF COMMERCE




July 15, 2009.--Referred to the Committee on Appropriations and ordered 
                             to be printed
                                           The White House,
                                         Washington, July 12, 2010.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam Speaker: I ask the Congress to consider the 
enclosed amendments to Fiscal Year (FY) 2010 proposals in my FY 
2011 Budget for the Department of Commerce.
    Included are amendments that would support efforts to 
reduce backlogs in processing patent applications--by spurring 
innovation and reforming U.S. Patent and Trademark Office 
operations to make them more effective--and assure the 
continuation of efforts to administer and oversee grants 
awarded under the Broadband Technology Opportunity Program. The 
amounts requested for these amendments would be fully offset by 
a proposed cancellation of FY 2010 unobligated balances from 
within the Department of Commerce's Census Bureau. The proposed 
budget authority totals for FY 2010 in my FY 2011 Budget would 
not be affected by these amendments.
    The details of this request are set forth in the enclosed 
letter from the Director of the Office of Management and 
Budget.
            Sincerely,
                                                      Barack Obama.
    Enclosure.
                [Estimate No. 9, 111th Cong., 2d Sess.]

                 Executive Office of the President,
                           Office of Management and Budget,
                                     Washington, DC, July 12, 2010.
The President,
The White House.
    Submitted for your consideration are amendments to Fiscal 
Year (FY) 2010 proposals in your FY 2011 Budget for the 
Department of Commerce.
    Included are amendments that would support efforts to 
reduce backlogs in processing patent applications and spur 
innovation and reform U.S. Patent and Trademark Office 
operations to make them more effective, and to assure the 
continuation of efforts to administer and oversee grants 
awarded under the Broadband Technology Opportunity Program. The 
amounts requested for these amendments would be fully offset by 
a proposed cancellation of FY 2010 unobligated balances from 
within the Department of Commerce's Census Bureau. The proposed 
budget authority totals for FY 2010 in your FY 2011 Budget 
would not be affected by these amendments.
    These amendments are described in more detail in the 
enclosure.
Recommendation
    I have carefully reviewed this request and am satisfied 
that it is necessary at this time. Therefore, I join the 
Secretary of Commerce in recommending that you transmit this 
proposal to the Congress.
            Sincerely,
                                           Peter R. Orszag,
                                                          Director.
    Enclosure.
          FY 2010 Supplemental Proposal in the FY 2011 Budget


                         DEPARTMENT OF COMMERCE


                    U.S. Patent and Trademark Office


                         SALARIES AND EXPENSES

House Doc. 111-101 Page: 5
FY 2011 Budget Appendix Page: 5
FY 2010 Pending Supplemental Request: --
Proposed Amendment: $129,000,000
FY 2010 Revised Supplemental Request: $129,000,000

(In the appropriations language, insert the above new agency, 
bureau and heading, and the following new language just after 
the heading ``Food for Peace Title II Grants'' and immediately 
before the heading ``Department of Defense--Military'':)

    For an additional amount for ``Salaries and Expenses'' of 
the United States Patent and Trademark Office, $129,000,000, to 
remain available until expended: Provided, 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 2010, so as to result in a fiscal year 2010 appropriation 
from the general fund estimated at $0: Provided further, That 
during fiscal year 2010, should the total amount of offsetting 
fee collections be less than $2,016,000,000, this amount shall 
be reduced accordingly: Provided further, That any amount 
received in excess of $2,016,000,000 in fiscal year 2010, in an 
amount up to $150,000,000, shall remain available until 
expended.
    This amendment would provide $129 million for U.S. Patent 
and Trademark Office (USPTO) efforts to reduce backlogs in 
processing patent applications and spur innovation and reform 
USPTO operations to make them more effective. The amendment 
makes available FY 2010 USPTO offsetting fee collections for 
those activities. If USPTO fee collections for FY 2010 exceed 
$2.016 billion (i.e., the $1.887 billion appropriation provided 
in the Consolidated Appropriations Act, 2010 (Public Law 111-
117) and the additional $129 million proposed here), USPTO 
would have spending authority for up to $150 million of those 
additional fee collections (up to $2.166 billion in total).
    The $129 million proposed increase for the U.S. Patent and 
Trademark Office in FY 2010 would be fully offset by a 
corresponding decrease to the 2010 Decennial Census program in 
the Department of Commerce's Census Bureau, as described in an 
accompanying amendment. An offset is necessary because the 
amendment would increase USPTO spending authority to equal its 
estimated 2010 collections, compared to its current spending 
limitation that results in surplus fee collections.
          FY 2010 Supplemental Proposal in the FY 2011 Budget


                         DEPARTMENT OF COMMERCE


       National Telecommunications and Information Administration


                         SALARIES AND EXPENSES

House Doc. 111-101 Page: 5
FY 2011 Budget Appendix Page: 1345
FY 2010 Pending Supplemental Request:--
Proposed Amendment: $10,000,000
FY 2010 Revised Supplemental Request: $10,000,000

In the appropriations language under the above newly inserted 
agency, insert the above new bureau and heading, and the 
following new language immediately following the newly inserted 
entry for ``U.S. Patent and Trademark Office, Salaries and 
Expenses'':)

    For an additional amount for ``Salaries and Expenses'' of 
the National Telecommunications and Information Administration, 
$10,000.000. to remain available until expended, for 
administration of grants authorized by section 6001 of the 
American Recovery and Reinvestment Act of 2009 (ARRA) (Public 
Law 111-5) and section 106 of the Broadband Data Improvement 
Act (Public Law 110-385) and for the development and 
maintenance of the national broadband map authorized by section 
6001 of ARRA.
    The amendment would provide $10 million for the National 
Telecommunications and Information Administration to administer 
and oversee grants awarded under the Broadband Technology 
Opportunity Program (BTOP). The American Recovery and 
Reinvestment Act of 2009 (ARRA) provided the BTOP $4.7 billion 
to increase broadband availability and adoption along with 
other activities. The ARRA funds will expire at the end of FY 
2010 and all funds are expected to be obligated by then. The FY 
2011 Budget requests $24 million to continue administration and 
oversight of awards after FY 2010. The amendment would provide 
$10 million in FY 2010 to assure that administrative activities 
continue uninterrupted into FY 2011 and to provide more 
certainty to the program's workforce. A separate budget 
amendment will be transmitted at a later time to the Congress 
to reduce the FY 2011 budget by the amount enacted in a 
supplemental appropriation.
    The $10 million proposed increase for BTOP in FY 2010 would 
be fully offset by a corresponding decrease to the 2010 
Decennial Census program in the Department of Commerce's Census 
Bureau, as described in an accompanying amendment.
          FY 2010 Supplemental Proposal in the FY 2011 Budget


                         DEPARTMENT OF COMMERCE


                          Bureau of the Census


                     PERIODIC CENSUSES AND PROGRAMS

House Doc.111-101 Page: 5
FY 2011 Budget Appendix Page: 1345
FY 2010 Pending Supplemental Request:--
Proposed Amendment: -$139,000,000
FY 2010 Revised Supplemental Request: -$139,000,000

(In the appropriations language under the above agency, insert 
the above new bureau and heading, and the following new 
language immediately following the newly inserted entry for 
``National Telecommunications and Information Administration, 
Salaries and Expenses'':)

    Of funds made available under this heading by Public Law 
111-117, $139,000,000 are hereby permanently cancelled.
    This amendment would cancel permanently $139 million of FY 
2010 unobligated balances from the 2010 Decennial Census 
program in the Department of Commerce's Census Bureau. The 
funds are in excess of the program's needs to complete the 2010 
Decennial Census on schedule in 2013.
    The $139 million proposed decrease would fully offset a 
$129 million proposed increase to the U.S. Patent and Trademark 
Office in the Department of Commerce and a $10 million proposed 
increase to the Broadband Technology Opportunity Program in the 
Department of Commerce, as described in the accompanying 
amendments.

                                  
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