118 STAT. 2036 PUBLIC LAW 108–375—OCT. 28, 2004 marks, certification marks, and collective marks owned or controlled by the Secretary concerned and may retain and expend fees received from such licensing in accordance with this section. ‘‘(b) DESIGNATED MARKS.—The Secretary concerned shall des ignate the trademarks, service marks, certification marks, and collective marks regarding which the Secretary will exercise the authority to retain licensing fees under this section. ‘‘(c) USE OF FEES.—The Secretary concerned shall use fees retained under this section for the following purposes: ‘‘(1) For payment of the following costs incurred by the Secretary: ‘‘(A) Costs of securing trademark registrations. ‘‘(B) Costs of operating the licensing program under this section. ‘‘(2) For morale, welfare, and recreation activities under the jurisdiction of the Secretary, to the extent (if any) that the total amount of the licensing fees available under this section for a fiscal year exceed the total amount needed for such fiscal year under paragraph (1). ‘‘(d) AVAILABILITY.—Fees received in a fiscal year and retained under this section shall be available for obligation in such fiscal year and the following two fiscal years. ‘‘(e) DEFINITIONS.—In this section, the terms ‘trademark’, ‘service mark’, ‘certification mark’, and ‘collective mark’ have the meanings given such terms in section 45 of the Act of July 5, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1127).’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin ning of such subchapter is amended by adding at the end the following new item: ‘‘2260. Licensing of intellectual property: retention of fees.’’. SEC. 1005. REPEAL OF FUNDING RESTRICTIONS CONCERNING DEVELOPMENT OF MEDICAL COUNTERMEASURES AGAINST BIOLOGICAL WARFARE THREATS. (a) REPEAL.—Section 2370a of title 10, United States Code, is repealed. (b) CLERICAL AMENDMENT.—The table of sections at the begin ning of chapter 139 of such title is amended by striking the item relating to that section. SEC. 1006. REPORT ON BUDGETING FOR EXCHANGE RATES FOR FOR EIGN CURRENCY FLUCTUATIONS. (a) SECRETARY OF DEFENSE REPORT.—(1) Not later than December 1, 2004, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the foreign currency exchange rate projection used in annual Department of Defense budget presentations. (2) In the report under paragraph (1), the Secretary shall— (A) identify alternative approaches for selecting foreign currency exchange rates that would produce more realistic esti mates of amounts required to be appropriated or otherwise made available for the Department of Defense to accommodate foreign currency exchange rate fluctuations; (B) discuss the advantages and disadvantages of each approach identified pursuant to subparagraph (A); and
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