H.R. 4608 (103rd): Patent and Trademark Office Authorization Act of 1994

103rd Congress, 1993–1994. Text as of Oct 03, 1994 (Reported by House Committee).

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HR 4608 RH

Union Calendar No. 425

103d CONGRESS

2d Session

H. R. 4608

[Report No. 103-777]

To authorize appropriations for the Patent and Trademark Office in the Department of Commerce for fiscal year 1995, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 21, 1994

Mr. HUGHES (for himself and Mr. MOORHEAD) introduced the following bill; which was referred to the Committee on the Judiciary

OCTOBER 3, 1994

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 21, 1994]


A BILL

To authorize appropriations for the Patent and Trademark Office in the Department of Commerce for fiscal year 1995, 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. SHORT TITLE.

    This Act may be cited as the ‘Patent and Trademark Office Authorization Act of 1994’.

SEC. 2. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND TRADEMARK OFFICE.

    There is authorized to be appropriated to the Patent and Trademark Office for Salaries and necessary expenses the sum of $107,000,000 for fiscal year 1995, to be derived from deposits in the Patent and Trademark Office Fee Surcharge Fund established under section 10101 of the Omnibus Budget Reconciliation Act of 1990 (35 U.S.C. note).

SEC. 3. AMOUNTS AUTHORIZED TO BE CARRIED OVER.

    Amounts appropriated or made available pursuant to this Act shall remain available until expended.

SEC. 4. EMPLOYMENT LEVEL IN PATENT AND TRADEMARK OFFICE.

    Section 3 of title 35, United States Code, is amended by adding at the end the following new subsection:

    ‘(f)(1) During the 5-year period beginning on October 1, 1994, no reductions may be made in the number of full-time equivalent employees of the Patent and Trademark Office, except to the extent that--

      ‘(A) a law is enacted that requires reductions in personnel or positions specifically in the Patent and Trademark Office, or

      ‘(B) the Commissioner determines that a reduction in the number of full-time equivalents is in the best interests of the Patent and Trademark Office and the public.

    ‘(2) During the 5-year period referred to in paragraph (1), any law imposing a restriction on hiring by executive agencies, or requiring reductions in force in executive agencies, for the purpose of achieving reductions in the Federal work force shall not apply to the Patent and Trademark Office.

    ‘(3) A law may not be construed as suspending or modifying this subsection, except to the extent such law specifically refers to or amends this subsection.’.

SEC. 5. COMPENSATION OF COMMISSIONER.

    Section 3(d) of title 35, United States Code, is amended by striking ‘Assistant’ each place it appears and inserting ‘Under’.