H.R. XXX authorizes the Patent and Trademark Office (PTO) Director to use FY09 and FY10 trademark funds to support the agency's patent operations. The bill allows the Director to borrow up to $70 million for this purpose, which roughly equates to the trademark surplus. The Director is further empowered to establish a surcharge, in amounts up to $70 million, on patent fees to repay any trademark funds drawn down in this way.

The Director must certify to Congress that the transfer of trademark funds "is reasonably necessary to avoid furloughs or [layoffs], or both at the [agency], and that the use of such funds does not create a substantial risk of a furlough or [layoffs] of [trademark employees]."

The surcharge takes effect no later than September 30, 2011. This provides sufficient time for the agency to develop the surcharge for individual patent services. Any funds borrowed must be paid back via the surcharge within CBO's five-year scoring period.

For budget scoring purposes, all surcharges shall be credited to the US Patent and Trademark Office Appropriation Account in the Treasury as an "offsetting receipt that shall not be available for obligation or expenditure."

The bill requires that the Director's authority expires on June 30, 2010.