(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Responsive Government Act of 2008 - Amends the federal judicial code to authorize the chief judge of a district or court of appeals to delay, toll, or otherwise grant relief from time deadlines applicable to pending civil and criminal cases in the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable to comply with such deadlines.
Grants the Director of the United States Patent and Trademark Office authority to: (1) waive statutory provisions governing the filing, processing, renewal, and maintenance of patents, trademark registrations, and patent and trademark applications in certain emergencies; and (2) accept late application filings for patent extensions in certain cases of unintentional delay.
Prescribes filing fees for patent extensions, including: (1) $65 million for an anticoagulant drug intended for use in humans; and (2) a formula for other items.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6344 Engrossed in House (EH)]
110th CONGRESS
2d Session
H. R. 6344
_______________________________________________________________________
AN ACT
To provide emergency authority to delay or toll judicial proceedings in
United States district and circuit courts, 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 ``Responsive Government Act of 2008''.
SEC. 2. EMERGENCY AUTHORITY TO DELAY OR TOLL JUDICIAL PROCEEDINGS.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Emergency authority to delay or toll judicial deadlines
``(a) Tolling in District Courts.--
``(1) In general.--In the event of a natural disaster or
other emergency situation requiring the closure of courts or
rendering it impracticable for the United States Government or
a class of litigants to comply with deadlines imposed by any
Federal or State law or rule that applies in the courts of the
United States, the chief judge of a district court that has
been affected may exercise emergency authority in accordance
with this section.
``(2) Scope of authority.--(A) The chief judge may enter
such order or orders as may be appropriate to delay, toll, or
otherwise grant relief from the time deadlines imposed by
otherwise applicable laws or rules for such period as may be
appropriate for any class of cases pending or thereafter filed
in the district court or bankruptcy court of the district.
``(B) Except as provided in subparagraph (C), the authority
conferred by this section extends to all laws and rules
affecting criminal and juvenile proceedings (including,
prearrest, post-arrest, pretrial, trial, and post-trial
procedures), civil actions, bankruptcy proceedings, and the
time for filing and perfecting an appeal.
``(C) The authority conferred by this section does not
include the authority to extend--
``(i) any statute of limitation for a criminal
action; or
``(ii) any statute of limitation for a civil
action, if--
``(I) the claim arises under the laws of a
State; and
``(II) extending the limitations period
would be inconsistent with the governing State
law.
``(3) Unavailability of chief judge.--If the chief judge of
the district is unavailable, the authority conferred by this
section may be exercised by the district judge in regular
active service who is senior in commission or, if no such judge
is available, by the chief judge of the circuit that includes
the district.
``(4) Habeas corpus unaffected.--Nothing in this section
shall be construed to authorize suspension of the writ of
habeas corpus.
``(b) Criminal Cases.--In exercising the authority under subsection
(a) for criminal cases, the court shall consider the ability of the
United States Government to investigate, litigate, and process
defendants during and after the emergency situation, as well as the
ability of criminal defendants as a class to prepare their defenses.
``(c) Tolling in Courts of Appeals.--
``(1) In general.--In the event of a natural disaster or
other emergency situation requiring the closure of courts or
rendering it impracticable for the United States Government or
a class of litigants to comply with deadlines imposed by any
Federal or State law or rule that applies in the courts of the
United States, the chief judge of a court of appeals that has
been affected or that includes a district court so affected may
exercise emergency authority in accordance with this section.
``(2) Scope of authority.--The chief judge may enter such
order or orders as may be appropriate to delay, toll, or
otherwise grant relief from the time deadlines imposed by
otherwise applicable laws or rules for such period as may be
appropriate for any class of cases pending in the court of
appeals.
``(3) Unavailability of chief judge.--If the chief judge of
the circuit is unavailable, the authority conferred by this
section may be exercised by the circuit judge in regular active
service who is senior in commission.
``(4) Habeas corpus unaffected.--Nothing in this section
shall be construed to authorize suspension of the writ of
habeas corpus.
``(d) Issuance of Orders.--The Attorney General or the Attorney
General's designee may request issuance of an order under this section,
or the chief judge of a district or of a circuit may act on his or her
own motion.
``(e) Duration of Orders.--An order entered under this section may
not toll or extend a time deadline for a period of more than 14 days,
except that, if the chief judge (whether of a district or of a circuit)
determines that an emergency situation requires additional extensions
of the period during which deadlines are tolled or extended, the chief
judge may, with the consent of the judicial council of the circuit,
enter additional orders under this section in order to further toll or
extend such time deadline.
``(f) Notice.--A court issuing an order under this section--
``(1) shall make all reasonable efforts to publicize the
order, including announcing the order on the web sites of all
affected courts and the web site of the Federal judiciary; and
``(2) shall, through the Director of the Administrative
Office of the United States Courts, send notice of the order,
including the reasons for the issuance of the order, to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives.
``(g) Required Reports.--A court issuing one or more orders under
this section relating to an emergency situation shall, not later than
180 days after the date on which the last extension or tolling of a
time period made by the order or orders ends, submit a brief report to
the Committee on the Judiciary of the Senate, the Committee on the
Judiciary of the House of Representatives, and the Judicial Conference
of the United States describing the orders, including--
``(1) the reasons for issuing the orders;
``(2) the duration of the orders;
``(3) the effects of the orders on litigants; and
``(4) the costs to the judiciary resulting from the orders.
``(h) Exceptions.--The notice under subsection (f)(2) and the
report under subsection (g) are not required in the case of an order
that tolls or extends a time deadline for a period of less than 14
days.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 111 of title 28, United States Code, is amended by adding at
the end the following new item:
``1660. Emergency authority to delay or toll judicial deadlines.''.
SEC. 3. WAIVER OF PATENT AND TRADEMARK REQUIREMENTS IN CERTAIN
EMERGENCIES.
Section 2 of title 35, United States Code, is amended by adding at
the end the following new subsection:
``(e) Waiver of Requirements in Certain Emergencies.--The Director
may waive statutory provisions governing the filing, processing,
renewal, and maintenance of patents, trademark registrations, and
applications therefor to the extent the Director considers necessary in
order to protect the rights and privileges of applicants and other
persons affected by an emergency or a major disaster, as those terms
are defined in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122). A decision not to
exercise, or a failure to exercise, the waiver authority provided by
this subsection shall not be subject to judicial review.''.
SEC. 4. AUTHORITY OF DIRECTOR OF PTO TO ACCEPT LATE FILINGS.
(a) Authority.--Section 156 of title 35, United States Code, is
amended by adding at the end the following new subsection:
``(i) Discretion to Accept Late Filings in Certain Cases of
Unintentional Delay.--
``(1) In general.--The Director may accept an application
under this section that is filed not later than three business
days after the expiration of the 60-day period provided in
subsection (d)(1) if the applicant files a petition, not later
than five business days after the expiration of that 60-day
period, showing, to the satisfaction of the Director, that the
delay in filing the application was unintentional.
``(2) Treatment of director's actions on petition.--If the
Director has not made a determination on a petition filed under
paragraph (1) within 60 days after the date on which the
petition is filed, the petition shall be deemed to be denied. A
decision by the Director to exercise or not to exercise, or a
failure to exercise, the discretion provided by this subsection
shall not be subject to judicial review.''
(b) Fee for Late Filings.--
(1) In general.--In order to effect a patent term extension
under section 156(i) of title 35, United States Code, the
patent holder shall pay a fee to the United States Treasury in
the amount prescribed under paragraph (2).
(2) Fee amount.--
(A) Fee amount.--The patent holder shall pay a fee
equal to--
(i) $65,000,000 with respect to any
original application for a patent term
extension, filed with the United States Patent
and Trademark Office before the date of the
enactment of this Act, for a drug intended for
use in humans that is in the anticoagulant
class of drugs; or
(ii) the amount estimated under
subparagraph (B) with respect to any other
original application for a patent term
extension.
(B) Calculation of alternate amount.--The Director
shall estimate the amount referred to in subparagraph
(A)(ii) as the amount equal to the sum of--
(i) any net increase in direct spending
arising from the extension of the patent term
(including direct spending of the United States
Patent and Trademark Office and any other
department or agency of the Federal
Government);
(ii) any net decrease in revenues arising
from such patent term extension; and
(iii) any indirect reduction in revenues
associated with payment of the fee under this
subsection.
The Director, in estimating the amount under this
subparagraph, shall consult with the Director of the
Office of Management and Budget, the Secretary of the
Treasury, and either the Secretary of Health and Human
Services or (in the case of a drug product subject to
the Act commonly referred to as the ``Virus-Serum-Toxin
Act''; 21 U.S.C. 151-158) the Secretary of Agriculture.
(3) Notice of fee.--The Director shall inform the patent
holder of the fee determined under paragraph (2) at the time
the Director provides notice to the patent holder of the period
of extension of the patent term that the patent holder may
effect under this subsection.
(4) Acceptance required.--Unless, within 15 days after the
Director provides notice to the patent holder under paragraph
(3), the patent holder accepts the patent term extension in
writing to the Director, the patent term extension is rescinded
and no fees shall be due under this subsection by reason of the
petition under section 156(i)(1) of title 35, United States
Code, pursuant to which the Director provided the notice.
(5) Payment of fee.--The extension of a patent term of
which notice is provided under paragraph (3) shall not become
effective unless the patent holder pays the fee required under
paragraph (2) not later than 60 days after the date on which
the notice is provided.
(6) Fee payment not available for obligation.--Fees
received under this subsection are not available for
obligation.
(7) Director defined.--Except as otherwise provided, in
this subsection, the term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
(c) Applicability.--
(1) In general.--This section and the amendments made by
this section shall apply to any application--
(A) that is made on or after the date of the
enactment of this Act; or
(B) that, on such date of enactment, is pending
before the Director or as to which a decision of the
Director is eligible for judicial review.
(2) Treatment of certain applications.--In the case of any
application described in paragraph (1)(B), the 5-day period
prescribed in section 156(i)(1) of title 35, United States
Code, as added by subsection (a) of this section, shall be
deemed to begin on the date of the enactment of this Act.
Passed the House of Representatives June 23, 2008.
Attest:
Clerk.
110th CONGRESS
2d Session
H. R. 6344
_______________________________________________________________________
AN ACT
To provide emergency authority to delay or toll judicial proceedings in
United States district and circuit courts, and for other purposes.
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Mr. Conyers moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H5811-5816)
DEBATE - The House proceeded with forty minutes of debate on H.R. 6344.
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H5811-5812)
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H5811-5812)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
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