[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.