IIB 
110TH CONGRESS 
2D SESSION 
H. R. 6344 
IN THE SENATE OF THE UNITED STATES 
JUNE 24 (legislative day, JUNE 23), 2008 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To provide emergency authority to delay or toll judicial pro-
ceedings in United States district and circuit courts, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Responsive Govern-
ment Act of 2008’’. 
SEC. 2. EMERGENCY AUTHORITY TO DELAY OR TOLL JUDI-
CIAL PROCEEDINGS. 
(a) IN GENERAL.—Chapter 111 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 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 au-
thority in accordance with this section. 
‘‘(2) SCOPE
OF
AUTHORITY.—(A) The chief 
judge may enter such order or orders as may be ap-
propriate to delay, toll, or otherwise grant relief 
from the time deadlines imposed by otherwise appli-
cable laws or rules for such period as may be appro-
priate for any class of cases pending or thereafter 
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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 pro-
ceedings (including, prearrest, post-arrest, pretrial, 
trial, and post-trial procedures), civil actions, bank-
ruptcy proceedings, and the time for filing and per-
fecting 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 ac-
tion, 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 au-
thority 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 avail-
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able, by the chief judge of the circuit that includes 
the district. 
‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 
in this section shall be construed to authorize sus-
pension 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 appro-
priate to delay, toll, or otherwise grant relief from 
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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 ap-
peals. 
‘‘(3) UNAVAILABILITY
OF
CHIEF
JUDGE.—If 
the chief judge of the circuit is unavailable, the au-
thority conferred by this section may be exercised by 
the circuit judge in regular active service who is sen-
ior in commission. 
‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 
in this section shall be construed to authorize sus-
pension 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 dis-
trict 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 coun-
cil of the circuit, enter additional orders under this section 
in order to further toll or extend such time deadline. 
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‘‘(f) NOTICE.—A court issuing an order under this 
section— 
‘‘(1) shall make all reasonable efforts to pub-
licize 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 Adminis-
trative Office of the United States Courts, send no-
tice of the order, including the reasons for the 
issuance of the order, to the Committee on the Judi-
ciary of the Senate and the Committee on the Judi-
ciary 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 
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‘‘(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 REQUIRE-
MENTS 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 EMER-
GENCIES.—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 dis-
aster, as those terms are defined in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122). A decision not to exercise, or 
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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 fol-
lowing new subsection: 
‘‘(i) DISCRETION TO ACCEPT LATE FILINGS IN CER-
TAIN 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 pe-
riod, showing, to the satisfaction of the Director, 
that the delay in filing the application was uninten-
tional. 
‘‘(2) TREATMENT OF DIRECTOR’S ACTIONS ON 
PETITION.—If the Director has not made a deter-
mination 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 exer-
cise, or a failure to exercise, the discretion provided 
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by this subsection shall not be subject to judicial re-
view.’’ 
(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 ex-
tension, filed with the United States Pat-
ent and Trademark Office before the date 
of the enactment of this Act, for a drug in-
tended for use in humans that is in the 
anticoagulant class of drugs; or 
(ii) the amount estimated under sub-
paragraph (B) with respect to any other 
original application for a patent term ex-
tension. 
(B) 
CALCULATION
OF
ALTERNATE 
AMOUNT.—The Director shall estimate the 
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