PATENT AND TRADEMARK OFFICE USER FEES.

SEC. 10101. PATENT AND TRADEMARK OFFICE USER FEES. (a) Surcharges.—There shall be a surcharge, during fiscal years 1991 through 1995, of 69 percent, rounded by standard arithmetic rules, on all fees authorized by subsections (a) and (b) of section 41 of title 35, United States Code. (b) Use of Surcharges.—Notwithstanding section 3302 of title 31, United States Code, beginning in fiscal year 1991, all surcharges collected by the Patent and Trademark Office— (1) in fiscal year 1991— (A) shall be credited to a separate account established in the Treasury and ascribed to the Patent and Trademark Office activities in the Department of Commerce as offset-ting receipts, and (B) $91,000,000 shall be available only to the Patent and Trademark Office, to the extent provided in appropriation Acts, and the additional surcharge receipts, totalling $18,807,000, shall be available only to the Patent and Trade-mark Office without appropriation, for all authorized activities and operations of the office, including all direct and indirect costs of services provided by the office, (2) in fiscal years 1992 through 1995— (A) shall be credited to a separate account established in the Treasury and ascribed to the Patent and Trademark Office activities in the Department of Commerce as offset-ting receipts, and (B) shall be available only to the Patent and Trademark Office, to the extent provided in appropriation Acts, for all authorized activities and operations of the office, including all direct and indirect costs of services provided by the office, and (3) shall remain available until expended. (c) Revisions.—In fiscal years 1991 through 1995, surcharges established under subsection (a) may be revised periodically by the Commissioner of Patents and Trademarks, subject to the provisions of section 553 of title 5, United States Code, in order to ensure that the following amounts, but not more than the following amounts, of patent and trademark user fees are collected: (1) $109,807,000 in fiscal year 1991. (2) $95,000,000 in fiscal year 1992. (3) $99,000,000 in fiscal year 1993. (4) $103,000,000 in fiscal year 1994. (5) $107,000,000 in fiscal year 1995. (d) Repeal.—Section 105(a) of Public Law 100–703 (102 Stat. 4675) is repealed. (e) Report on Fees —The Commissioner of Patents and Trade-marks shall study the structure of all fees collected by the Patent and Trademark Office and, not later than May 1, 1991, shall submit to the Congress a report on all fees to be collected by the office in 104 STAT. 1388–392fiscal years 1992 through 1995. The report shall include a proposed schedule of fees that would distribute the surcharges provided by subsection (a) among all fees collected by the office, and recommendations for any statutory changes that may be necessary to implement the proposals contained in the report.