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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Restore Fiscal Discipline and
Safeguard Social Security Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--The Congress finds the following:
(1) When Congress enacted the fiscal year 2002 budget
resolution, it did so based on the assurance that the
Government would balance the budget without relying on social
security surpluses for the remainder of the decade and beyond.
Congress was also assured that it would not have to act to
increase the statutory debt limit until 2008.
(2) The Government is projected to run on-budget deficits
that will require it to spend the social security and medicare
trust fund surpluses for the rest of the decade, even before
additional spending for defense and homeland security is
counted, and after the economy recovers and returns to strong
growth.
(3) The total debt is increasing because we have not kept
the commitment to save the social security and medicare trust
fund surpluses. The Secretary of the Treasury has formally
requested that Congress increase the statutory limit on the
public debt by $750 billion, from the current level of $5.95
trillion to $6.70 trillion. Congress will have to vote to raise
the debt limit because we have been borrowing those trust fund
surpluses to cover a deficit in the rest of the budget instead
of saving them.
(4) A $750 billion increase in the debt limit would be the
second largest increase in history and is irresponsible in the
absence of a framework to protect taxpayers from even further
increases in the national debt.
(5) Congress should authorize a limited increase in the
debt limit to prevent a financial default, but should also work
together with the President to develop a plan to restore fiscal
discipline before further increasing our debt.
(6) Current law provides for enforcement of budget
resolutions:
(A) Legislation violating discretionary spending
totals set in a budget resolution or the suballocations
set by the Committee on Appropriations is subject to a
point of order under section 302(f) of the
Congressional Budget Act of 1974.
(B) Legislation reducing receipts below a budget
resolution's total is subject to a point of order under
section 311(a) of the Congressional Budget Act of 1974.
(b) Purpose.--The purpose of this Act is--
(1) to provide a responsible, measured increase in the debt
limit to ensure that the Government meets its current legal
obligations;
(2) effective immediately thereafter, to limit strictly the
size of further increases in the debt limit until the enactment
of a plan to bring the budget into balance in five years
without reliance on the social security trust fund surplus,
such that any larger increase in the debt limit this fall would
require a plan to balance the budget in fiscal year 2007, but
if this deficit reduction should prove insufficient, the
restrictions are automatically reestablished by the next
regular semi-annual report of the Congressional Budget Office;
(3) to require that the President submit a budget plan
before the end of this fiscal year to achieve balance, without
reliance on the social security trust fund surplus, by fiscal
year 2007;
(4) as a backup and discipline for these debt limit
provisions, to establish points of order against any budget
resolution that does not within five years and in all
subsequent years eliminate any deficits projected by the
Congressional Budget Office, without reliance on the social
security trust fund surplus, using the enforcement provisions
in current law to require that all subsequent spending and tax
legislation conform to the budget resolution's deficit-reduction plan;
and
(5) thereby to restore fiscal discipline and to preserve
social security for future retirees.

TITLE I--INCREASE IN DEBT LIMIT

SEC. 101. INCREASE IN DEBT LIMIT.

(a) Increase in Statutory Debt Limit.--Section 3101(b) of title 31,
United States Code, is amended by striking ''$5,950,000,000,000'' and
inserting ''$6,100,000,000,000''.
(b) Point of Order.--(1) Effective immediately, except as provided
by paragraph (2) or (3), it shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, or conference report that includes any provision that
increases the limit on the public debt above the limit set forth in
section 3101(b) of title 31, United States Code, as in effect
immediately before the date of consideration of that measure by more
than $100,000,000,000.
(2) Except as provided by paragraph (3), any bill or joint
resolution may carry an increase in such limit of more than
$100,000,000,000 only if the concurrent resolution on the budget for
the budget year has been adopted and--
(A) sets forth or assumes a budget that is in on-budget
balance or surplus within 4 fiscal years after the budget year
and is in on-budget balance or surplus for every subsequent
fiscal year covered by that resolution; and
(B) does not contain any reduction in social security
benefits.
(3) Paragraphs (1) and (2) shall not apply in the House of
Representatives or the Senate if the chairman of the Committee on the
Budget of the House or of the Senate, as applicable, certifies, based
on the report of the Congressional Budget Office pursuant to section
202(e)(1) or (2) of the Congressional Budget Act of 1974, whichever
report is the most recent, that the budget will be in on-budget balance
or surplus within 4 fiscal years after the budget year and is in on-
budget balance or surplus for every subsequent fiscal year covered by
that report. If legislation to extend the discretionary spending limits
beyond fiscal year 2002 is enacted before the date of release of such
report, the Congressional Budget Office shall assume such discretionary
spending levels. Any such certification shall only have force and
effect until the date of submission of the next report under either
such section.

SEC. 102. PRESIDENTIAL PLAN TO BALANCE THE BUDGET.

(a) Presidential Plan.--The President shall submit to the Congress
by September 30, 2002, a proposal to bring the budget of the Government
(excluding the receipts and disbursements of the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund) into balance or surplus by fiscal year 2007.
(b) Sense of Congress.--It is the sense of Congress that the plan
described in subsection (a) should be based on the most recent economic
and technical assumptions of the Congressional Budget Office.

TITLE II--CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY

SEC. 201. CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY.

(a) Circuit Breaker Points of Order.--(1) Effective January 1,
2003, whenever the most recent report of the Congressional Budget
Office pursuant to section 202(e)(1) of the Congressional Budget Act of
1974 projects an on-budget deficit for any fiscal year, it shall not be
in order in the House of Representatives or the Senate to consider any
concurrent resolution on the budget that--
(A) sets forth or assumes an on-budget deficit for any such
fiscal year that is larger than such Congressional Budget
Office projection for that fiscal year;
(B) sets forth or assumes a budget that is not in on-budget
balance or surplus within 4 fiscal years after the budget year
and is not in on-budget balance or surplus for any subsequent
fiscal year covered by that resolution; or
(C) contains any reduction in social security benefits.
(2) Effective January 1, 2003, whenever the most recent report of
the Congressional Budget Office pursuant to section 202(e)(1) of the
Congressional Budget Act of 1974 projects both on-budget surpluses (or
a balanced budget) and deficits for the fiscal years included in that
report, it shall not be in order in the House of Representatives or the
Senate to consider any concurrent resolution on the budget that--
(A) sets forth or assumes an on-budget deficit for any
fiscal year for which such Congressional Budget Office
projection for that fiscal year is for an on-budget surplus or
balance; or
(B) contains any reduction in social security benefits.
(b) Suspension of Requirement During War or Low Economic Growth.--
(1) Low growth.--If the most recent of the Department of
Commerce's advance, preliminary, or final reports of actual
real economic growth indicate that the rate of real economic
growth (as measured by real GDP) for each of the most recently
reported quarter and the immediately preceding quarter is less
than 1 percent, this section is suspended.
(2) War.--If a declaration of war is in effect, this
section is suspended.

A: Restore Fiscal Discipline and Safeguard Social Security Act of 2002 - Amends Federal money and finance law to increase the statutory debt limit to $6.1 trillion.Makes it out of order for the House of Representatives or the Senate to consider any bill or amendment that increases the public debt limit above the new one established by this Act by more than $100 billion, except in specified circumstances.Directs the President to submit to Congress a proposal to bring the budget of the Government (excluding the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund) into balance or surplus by FY 2007.Makes it out of order for the House or the Senate, whenever the most recent CBO report projects an on-budget deficit for any fiscal year, to consider any concurrent resolution on the budget that: (1) sets forth or assumes an on-budget deficit for any such fiscal year larger than such projection; (2) sets forth or assumes a budget that is not in on-budget balance or surplus within four fiscal years, and is not in on-budget balance or surplus for any covered subsequent fiscal year; or (3) contains any reduction in social security benefits.Makes it out of order for the House or the Senate, whenever the most recent CBO report projects both on-budget surpluses (or a balanced budget) and deficits for the fiscal years concerned, to consider any concurrent resolution on the budget that: (1) sets forth or assumes an on-budget deficit for any fiscal year for which the CBO projection is for an on-budget surplus or balance; or (2) contains any reduction in social security benefits.Suspends such requirements during war or low economic growth.
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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Hood Bay Land Exchange Act of
1997''.

SEC. 2. FINDINGS.

The Congress makes the following findings:
(1) The Alaska National Interest Lands Conservation Act
established the Admiralty Island National Monument which is managed
by the Secretary of Agriculture, by and through the Forest Service.
(2) The Forest Service has established a policy of encouraging
the acquisition of private land inholdings within Admiralty Island
National Monument on a willing buyer/willing seller basis. Congress
has supported this policy, for example by passage of the Greens
Creek Land Exchange Act of 1996 which provided for a land exchange
of certain public and private lands in Admiralty Island National
Monument.
(3) Lands owned by Alaska Pulp Corporation, consisting of 54
acres, more or less, located in Hood Bay on Admiralty Island within
the boundaries of the Kootznoowoo Wilderness are available for
transfer to Federal ownership on a willing seller/willing buyer
basis. The acquisition of these lands would provide Federal
ownership of this valuable land in a critical area of Admiralty
Island National Monument.
(4) The United States is the owner of certain reversionary
interests to 143.87 acres, more or less, located adjacent to Silver
Bay near Sitka, Alaska, which interests were reserved in patent No.
1213671 issued to the Alaska Pulp Corporation on October 18, 1960.
The transfer of the reversionary interests of the United States in
such lands adjacent to Silver Bay to the Alaska Pulp Corporation
would facilitate future use and development of that land.
(5) The future acquisition by the United States of the Chaik
Bay property on Admiralty Island to be incorporated into the
Kootznoowoo Wilderness would be in the public interest.

SEC. 3. DEFINITIONS.

As used in this Act:
(1) The term ''ANILCA'' means the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3101 et seq.).
(2) The term ''Company'' means the Alaska Pulp Corporation, an
Alaska corporation, its successors, and assigns.
(3) The term ''Company Property'' means the property depicted
on United States Survey Plat 1058 approved March 20, 1917,
consisting of approximately 54 acres of land.
(4) The term ''Federal Property'' means the reversionary
interest of the United States described in paragraphs (6) and (7)
of the patent dated October 18, 1960, granted by the Bureau of Land
Management to Alaska Lumber & Pulp Co., which was recorded at Book
15, Pages 271-273, Sitka Recording District on November 9, 1960.
The term ''Federal Property'' does not include the interests
described in paragraphs (1) through (5) of the said patent.
(5) The term ''Monument'' means the Admiralty Island National
Monument, which was established by section 503 of ANILCA and which
is managed by the Secretary of Agriculture as a unit of the
National Forest System.
(6) The term ''Secretary'' means the Secretary of Agriculture.
(7) The term ''Sitka'' means the city and borough of Sitka,
Alaska, a home-rule borough formed in accordance with the laws of
the State of Alaska.
(8) The term ''Sitka Property'' means the property depicted on
the maps entitled ''Sitka Property'', dated August 29, 1997,
consisting of approximately 49 acres of land.

SEC. 4. LAND EXCHANGE, TRANSFER, RELINQUISHMENT.

(a) Exchange of Company and Federal Property.--After the Company
conveys to the United States, by general warranty deed, all right,
title, and interest of the Company in and to the Company Property, the
Secretary shall within 60 days of acceptance of delivery of said deed,
unconditionally and without limitation except as provided herein,
relinquish to the Company all right, title, and interest of the United
States in and to the Federal Property and shall evidence that
relinquishment by conveying to the Company a quitclaim deed to the
Federal Property.
(b) Relinquishment of Property to Sitka.--Upon relinquishment of
the Federal Property to the Company under subsection (a), the Company
shall transfer all right, title, and interest of the Company in the
Sitka Property to Sitka.
(c) Availability of Maps.--The maps referred to in section 3(3)
depicting the Company Property and in section 3(4) depicting the
Federal Property shall be on file and available for public inspection
in the Office of the Forest Supervisor, Chatham Area, Tongass National
Forest, in Sitka, Alaska. The maps referred to in section 3(8)
depicting the Sitka Property shall be on file and available for public
inspection in the Office of the Manager of the city and borough of
Sitka, Alaska, until the conveyance described in subsection (b), at
which time the maps shall be recorded along with the deed.

SEC. 5. PROCESSING OF AND TERMS AND CONDITIONS RELATING TO LAND
EXCHANGE.

(a) Surveys.--Notwithstanding any other provision of law, the
Secretary of the Interior may conduct and approve all cadastral surveys
that are necessary for completion of the exchange. The cost of any
surveys shall be borne by the Company.
(b) Equal Value Exchange.--The values of the Federal Property and
the Company Property are deemed to be of equal value.
(c) Administration.--The Secretary is directed to implement and
administer the rights and obligations of the United States under this
Act.
(d) Cleanup Obligations.--Nothing in this Act shall impact or alter
the Company's rights, duties, and obligations regarding investigation,
remediation, cleanup, and restoration under its September 10, 1995,
Commitment Agreement with the State of Alaska or other applicable law.
The Company shall use its property consistent with all restrictive
covenants, including those restrictive covenants recorded on September
4, 1997.
(e) Title Standards.--Title to the Company Property to be conveyed
to the United States shall be acceptable to the Secretary consistent
with the title review standard of the Attorney General of the United
States.

SEC. 6. GENERAL PROVISIONS.

(a) Management of Company Property.--Upon acquisition of the
Company Property by the United States pursuant to this Act, said
property shall be managed as a part of the Admiralty Island National
Monument and the Kootznoowoo Wilderness.
(b) Authorization To Negotiate for Acquisition of Property.--In
furtherance of the purposes of the Kootznoowoo Wilderness, the
Secretary, acting through the Forest Service, is authorized to enter
into negotiations with the owners of private property in Chaik Bay on
Admiralty Island, with the objective of acquiring such property. The
Secretary is authorized to enter into an option to purchase or an
exchange agreement with the owners of such property to be effected
either through existing administrative mechanisms provided by law and
regulation, or by subsequent ratification by Act of Congress.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

A: Hood Bay Land Exchange Act of 1997 - Provides for: (1) the relinquishment, by quitclaim deed, of the reversionary interest of the United States in specified Federal land in Sitka, Alaska, to the Alaska Pulp Corporation in exchange, by general warranty deed, for specified Corporation property located within the Admiralty Island National Monument; and (2) the Corporation's transfer of specified property to Sitka. Deems the values of the Federal Property and the Corporation's Property to be equal. States that nothing in this Act shall impact or alter the Corporation's rights, duties, and obligations regarding investigation, remediation, cleanup, and restoration under its September 10, 1995, Commitment Agreement with the State of Alaska or other applicable law. Requires the Corporation Property acquired by the United States to be managed as a part of the Admiralty Island National Monument and the Kootznoowoo Wilderness. Authorizes the Secretary of Agriculture, acting through the Forest Service, to negotiate with the owners of private property in the Chaik Bay on Admiralty Island, with the objective of acquiring such property. Allows the Secretary to enter into an option to purchase or an exchange agreement with such property owners to be effected either through existing administrative mechanisms provided by law and regulation, or by subsequent ratification by Act of Congress.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Patent Application Publication Act
of 1995''.

SEC. 2. EARLY PUBLICATION.

Section 122 of title 35, United States Code, is amended to read as
follows:
''Sec. 122. Confidential status of applications; publication of patent
applications
''(a) Except as provided in subsection (b), applications for
patents shall be kept in confidence by the Patent and Trademark Office
and no information concerning the same given without authority of the
applicant or owner unless necessary to carry out the provisions of any
Act of Congress or in such special circumstances as may be determined
by the Commissioner.
''(b)(1) Subject to paragraph (2), each application for patent,
except applications for design patents under chapter 16 of this title
and provisional applications filed under section 111(b) of this title,
shall be published, in accordance with procedures as determined by the
Commissioner, as soon as possible after the expiration of a period of
18 months from the earliest filing date for which a benefit is sought
under this title, except that an application that is no longer pending
shall not be published and an application that is subject to a secrecy
order pursuant to section 181 of this title shall not be published. An
application may be published earlier than the above date at the request
of the applicant. No information concerning published patent
applications shall be made available to the public except as the
Commissioner shall determine. Notwithstanding any other provision of
law, a determination by the Commissioner to release or not to release
information concerning a published patent application shall be final
and nonreviewable.
''(2) Upon request, an application will not be published in
accordance with paragraph (1) until 3 months after the Commissioner
makes a notification to the applicant under section 132 of this title.
Applications filed pursuant to section 363 of this title, applications
asserting priority under section 119 or 365(a) of this title, and
applications asserting the benefit of an earlier application under
section 120, 121, or 365(c) of this title shall not be eligible for a
request pursuant to this paragraph. Furthermore, the applicant shall
certify that the invention disclosed in the application was not or will
not be the subject of an application filed in a foreign country. A
request under this paragraph shall only be available to an independent
inventor who has been accorded status under section 41(h) of this
title. The Commissioner may establish appropriate procedures and fees
for a request in accordance with this paragraph.''.
SEC. 3. TIME FOR CLAIMING BENEFIT OF EARLIER FILING DATE.

(a) In a Foreign Country.--Section 119(b) of title 35, United
States Code, is amended to read as follows:
''(b) No application for patent shall be entitled to this right of
priority unless a claim therefor and a certified copy of the original
foreign application, specification and drawings upon which it is based
are filed in the Patent and Trademark Office at such time during the
pendency of the application as required by the Commissioner. The
Commissioner may consider the failure of the applicant to file a timely
claim for priority as a waiver of any such claim. The certification of
the original foreign application, specification and drawings shall be
made by the patent office of the foreign country in which filed and
show the date of the application and of the filing of the specification
and other papers. The Commissioner may require a translation of the
papers filed if not in the English language and such other information
as he deems necessary.''.
(b) In the United States.--Section 120 of title 35, United States
Code, is amended by adding at the end thereof the following:
''The Commissioner may determine the time period during the pendency of
the application within which an amendment containing the specific
reference to the earlier filed application shall be submitted. The
Commissioner may consider the failure to timely submit such an
amendment as a waiver of any benefit under this section.''.

SEC. 4. PROVISIONAL RIGHTS.

Section 154 of title 35, United States Code, is amended by adding
the following new subsection:
''(d) Provisional Rights.--In addition to other rights provided by
this section, a patent shall include the right to obtain a reasonable
royalty from any person who, during the period from publication of the
application for such patent pursuant to section 122(b) of this title or
from international publication of an international application
designating the United States until issue of that patent--
''(1)(A) makes, uses, offers for sale, or sells in the
United States the invention as claimed in the published patent
application or imports such an invention into the United
States; or
''(B) if the invention as claimed in the published patent
application is a process, uses, offers for sale, or sells in
the United States or imports into the United States products
made by that process as claimed in the published patent
application; and
''(2) had actual notice or knowledge of the published
patent application.
The right to obtain a reasonable royalty shall not be available under
this subsection unless the invention claimed in the patent is identical
to the invention as claimed in the published patent application. The
right to obtain a reasonable royalty based upon the international
publication of an international application designating the United
States shall commence from the date that the Patent and Trademark
Office receives a copy of the international publication of the
international application, unless already communicated by the
International Bureau, or, if the international publication of the
international application is in a language other than English, from the
date that the Patent and Trademark Office makes a translation thereof
available to the public. The Commissioner may require the applicant to
provide a copy of the international publication of the international
application and a translation thereof.''.

SEC. 5. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.

Section 102(e) of title 35, United States Code, is amended to read
as follows:
''(e) the invention was described in--
''(1)(A) an application for patent, published pursuant to
section 122(b) of this title, by another filed in the United
States before the invention thereof by the applicant for
patent, or
''(B) an international application, published pursuant to
section 122(b) of this title, by another who has fulfilled the
requirements of paragraphs (1), (2), and (4) of section 371(c)
of this title before the invention thereof by applicant for
patent, or
''(2) a patent granted on an application for patent by
another filed in the United States before the invention thereof
by the applicant for patent, or on an international application
by another who has fulfilled the requirements of paragraphs
(1), (2), and (4) of section 371(c) of this title before the
invention thereof by the applicant for patent, or''.

SEC. 6. COST RECOVERY FOR PUBLICATION.

The Commissioner shall recover the cost of early publication
required by the amendment made by section 2 by adjusting the filing,
issue, and maintenance fees, by charging a separate publication fee, or
by any combination of these methods.

SEC. 7. CONFORMING CHANGES.

The following provisions of title 35, United States Code, are
amended:
(1) Section 11 is amended in subsection (a)(1) by inserting
''and published applications'' after ''Patents''.
(2) Section 12 is amended by inserting ''published
applications and'' before ''patents''.
(3) Section 13 is amended by inserting ''published
applications and'' before ''patents''.
(4) The item relating to section 122 in the table of
sections for chapter 11 is amended by inserting ''; publication
of patent applications'' after ''applications''.
(5) The item relating to section 154 in the table of
sections for chapter 14 is amended by inserting ''; provisional
rights'' after ''patent''.
(6) Section 181 is amended--
(A) in the first paragraph by inserting ''by the
publication of an application or'' after
''disclosure'', and ''the publication of an application
or'' after ''withhold'';
(B) in the second paragraph by inserting ''by the
publication of an application or'' after ''disclosure
of an invention'';
(C) in the third paragraph by inserting ''by the
publication of the application or'' after ''disclosure
of the invention'', and ''the publication of the
application or'' after ''withhold''; and
(D) in the fourth paragraph by inserting ''the
publication of an application or'' after ''and'' in the
first sentence.
SEC. 8. PATENT TERM EXTENSION AUTHORITY.

Section 154(b) of title 35, United States Code, is amended to read
as follows:
''(b) Term Extension.--
''(1) Basis for patent term extension.--Subject to the
limitations of paragraph (2) of this subsection, if the issue
of an original patent is delayed due to--
''(A) a proceeding under section 135(a) of this
title,
''(B) the imposition of an order pursuant to
section 181 of this title,
''(C) appellate review by the Board of Patent
Appeals and Interferences or by a Federal court where
the patent was issued pursuant to a decision in the
review reversing an adverse determination of
patentability, or
''(D) an unusual administrative delay by the Office
in issuing the patent,
the term of the patent shall be extended for the period of
delay. The Commissioner shall prescribe regulations to govern
the determination of the period of delay and the particular
circumstances deemed to be an unusual administrative delay.
''(2) Limitations.--
''(A) Maximum period of extension.--The total
duration of all extensions of a patent under this
subsection shall not exceed 10 years. To the extent
that periods of delay attributable to grounds specified
in paragraph (1) overlap, the period of any extension
granted under this subsection shall not exceed the
actual number of days the issuance of the patent was
delayed.
''(B) Minimum pendency before extension
available.--No patent shall be extended under this
section that has been issued before the expiration of 3
years after the filing date of the application leading
to the patent or the commencement of the national stage
under section 371 of this title, whichever is later,
not taking into account the benefit of any earlier
filed application or applications under section 120,
121, or 365(c) of this title.
''(C) Reasonable efforts.--The period of extension
of the term of a patent under this subsection shall be
reduced by a period equal to the time during the
processing or examination of the application leading to
the patent in which the applicant failed to engage in
reasonable efforts to conclude processing or
examination of the application. The Commissioner shall
prescribe regulations establishing the circumstances
that constitute a failure of an applicant to engage in
reasonable efforts to conclude processing or
examination of an application.
''(D) Terminal disclaimer.--No patent whose term
has been disclaimed beyond a specified date may be
extended under this section beyond the expiration date
specified in the disclaimer.''.

SEC. 9. LAST DAY OF PENDENCY OF PROVISIONAL APPLICATION.

Section 119(e) of title 35, United States Code, is amended by
adding the following at the end: ''If the day that is 12 months after
the filing date of a provisional application falls on a Saturday,
Sunday, or Federal holiday within the District of Columbia, the period
of pendency of the provisional application shall be extended to the
next succeeding secular or business day.''.

SEC. 10. EFFECTIVE DATE.

(a) Sections 2 Through 7.--Sections 2 through 7, and the amendments
made by such sections, shall take effect on January 1, 1996, and shall
apply to all applications filed under section 111 of title 35, United
States Code, on or after that date, and all applications complying with
section 371 of title 35, United States Code, that resulted from
international applications filed on or after that date. The amendment
made by section 4 shall also apply to international applications
designating the United States that are filed on or after January 1,
1996.
(b) Sections 8 and 9.--The amendments made by sections 8 and 9
shall take effect on the date of the enactment of this Act and shall
apply to any application filed on or after June 8, 1995.

A:
Patent Application Publication Act of 1995 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Prohibits, upon request by certain independent inventors, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country.
Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim.
Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted.
Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice or knowledge of the published patent application. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is identical to that claimed in the published application. Specifies the commencement date of the period for obtaining a royalty based upon the international publication of an international application designating the United States.
Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant.
Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees.
Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits the total duration of all extensions to ten years.
Reduces the extension period equal to the time during the processing or examination of the application leading to the patent in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing or examination of the application.
Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer.
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