Page:United States Statutes at Large Volume 123.djvu/583

 123STA T .56 3 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9relat e d a c t iv itie sby t h e In stit u te fo r T eleco m munication S ciences of N TI A, in furtherance of its assi g ned functions under this p ara - graph, and such funds received from other G overnment agencies shall remain available until e x pended .PUBLICTE LEC OM MU N IC A TION SF ACILITIES, PLANNIN G AN D CONST R UCTION F or the administration of grants, authori z ed by section 392 of the C ommunications Act of 1 93 4, $ 2 0 ,000,000, to remain available until expended as authorized by section 391 of the Act
 * Provide

d, That not to exceed $2,000,000 shall be available for program administration as authorized by section 391 of the Act: Provided fu r th er, That, not w ithstanding the provisions of section 391 of the Act, the prior year unobligated balances may be made available for grants for pro j ects for which applications have been submitted and approved during any fiscal year. U NITED STATES P ATENT AND TRADEMAR KO FFICE SALARIES AND E X PENSES For necessary expenses of the United States Patent and Trade- mar k Office ( USPTO ) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and D irector of the United States Patent and Trademark Office, $2,010,100,000, 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 1 5 U.S.C. 1113 and 35 U.S.C. 41 and 3 76 are received during fiscal year 2009, so as to result in a fiscal year 2009 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2009, should the total amount of offsetting fee collections be less than $2,010,100,000, this amount shall be reduced accordingly: Provided further, That $750,000 may be transferred to ‘ ‘Departmental M anagement, Sala- ries and E xpenses ’ ’ for activities associated with the National Intellectual Property L aw Enforcement Coordination Council: Pro - vided further, That from amounts provided herein, not to exceed $1,000 shall be made available in fiscal year 2009 for official recep- tion and representation expenses: Provided further , That of the amounts provided to the USPTO within this account, $5,000,000 shall not become available for obligation until the Director of the USPTO has completed a comprehensive review of the assumptions behind the patent examiner expectancy goals and adopted a revised set of expectancy goals for patent examination: Provided further, That in fiscal year 2009 from the amounts 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 8 334(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 cov- erage for all USPTO employees, shall be transferred to the Civil