Discovery (Law) Legislation - Federal Government

To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections, and for other purposes. 3/14/2007--Passed House amended.    (There is 1 other summary) Whistleblower Protection Enhancement Act of 2007 - (Sec. 2) Expands the types of whistleblower disclosures protected from personnel reprisals to include disclosures without restriction as to time, place, form, motive, context, forum, or prior disclosures made to any person by an employee or applicant for employment, including a disclosure made in the ordinary course of an employee's duties, that the employee or applicant reasonably believes is a violation of any law. (Sec. 3) Defines "disclosure" as a formal or informal communication, not including [...]

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A bill to authorize appropriations for activities under the Federal railroad safety laws for fiscal years 2008 through 2011, and for other purposes. 3/19/2007--Introduced. Federal Railroad Safety Accountability and Improvement Act - Authorizes appropriations for FY2008-FY2011 for the railroad safety program, including a safety risk reduction program to be implemented as part of such program. Eliminates the authority of the Secretary of Transportation (or state Secretary) to prescribe investigative and surveillance activities to enforce rail safety regulations and orders.Prohibits public disclosure of railroad safety risk reduction program records.Requires railroad carriers and states to report to the Secretary, and update periodically, unreported highway-rail (including non-vehicular pathway-rail) grade crossings and public highway-rail (including non-vehicular public pathway) grade crossings within the United States.Urges the development of new technology [...]

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A bill to amend title 35, United States Code, to provide for patent reform. 1/24/2008--Reported to Senate amended.    (There is 1 other summary) Patent Reform Act of 2007 - (Sec. 2) Amends federal patent law to define terms, including "inventor," "joint inventor," and "effective filing date of a claimed invention." Modifies the conditions under which a patent may be obtained, including basing patent granting in part on filing dates (often referred to as a "first-to-file" system). Repeals provisions relating to inventions made abroad and provisions allowing statutory invention registration. Requires that a subsequent patent application which names an inventor or joint inventor in a previous application (currently, an application which is filed by an inventor or inventors named in a previous application) have the same effect as though filed on the date of the previous application. Repeals [...]

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A bill to maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media. 5/2/2007--Introduced. Free Flow of Information Act of 2007 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency) from compelling a covered person (a person engaged in journalism, including their supervisor, employer, parent, subsidiary, or affiliate) to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court [...]

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To improve the security of railroads, public transportation, and over-the-road buses in the United States, and for other purposes. 3/27/2007--Passed House amended.    (There is 1 other summary) Rail and Public Transportation Security Act of 2007 - Title I: Rail and Public Transportation Security - (Sec. 101) Directs the Secretary of Homeland Security (Secretary) for the Department of Homeland Security (DHS) to develop and implement a plan entitled the National Strategy for Rail and Public Transportation Security.(Sec. 102) Requires the Secretary to assign each railroad carrier, public transportation operator, or over-the-road bus private operator (covered transportation) to a certain risk-based tier.(Sec. 103) Directs the Secretary to issue regulations that: (1) require each provider of covered transportation assigned to a high- or medium-risk tier to assess their vulnerability to terrorism and to implement, subject to approval of [...]

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A bill to prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity. 5/7/2007--Introduced. Commonsense Consumption Act of 2007 - Prohibits new, and requires dismissal of pending, civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food, or a trade association, for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition. Subjects to such prohibition: (1) any action brought by a person other than the person on whose weight gain, obesity, or health condition the action is based; and (2) any derivative action brought by or on behalf of any person or any representative, spouse, [...]

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To provide for the effective prosecution of terrorists and guarantee due process rights. 3/8/2007--Introduced. Restoring the Constitution Act of 2007 - Amends federal provisions concerning the prosecution of unlawful enemy combatants by U.S. military commissions to, among other things: (1) repeal the authority for civilian trial (prosecution) counsel in a commission proceeding, but authorize civilian military defense counsel; (2) exclude statements made by coercion; (3) authorize the Secretary of Defense to make exceptions to commission procedures and rules of evidence as required by unique circumstances of military or intelligence operations during hostilities; (4) provide for self-representation by the accused, while requiring assistance by military defense counsel; (5) authorize the military judge to dismiss charges or take other action upon a determination that substitute information for classified exculpatory evidence is insufficient to protect the fair trial right of [...]

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To authorize appropriations for activities under the Federal railroad safety laws for fiscal years 2008 through 2011, and for other purposes. 3/14/2007--Introduced. Federal Railroad Safety Accountability and Improvement Act - Authorizes appropriations for FY2008-FY2011 for the railroad safety program, including a safety risk reduction program to be implemented as part of such program. Eliminates the authority of the Secretary of Transportation (or state Secretary) to prescribe investigative and surveillance activities to enforce rail safety regulations and orders.Prohibits public disclosure of railroad safety risk reduction program records.Requires railroad carriers and states to report to the Secretary, and update periodically, unreported highway-rail (including non-vehicular pathway-rail) grade crossings and public highway-rail (including non-vehicular public pathway) grade crossings within the United States.Urges the development of new technology to [...]

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To require the Bureau of Alcohol, Tobacco, Firearms, and Explosives to make video recordings of the examination and testing of firearms and ammunition, and for other purposes. 3/29/2007--Introduced. Fairness in Firearm Testing Act - Amends the Homeland Security Act of 2002 to direct the Bureau of Alcohol, Tobacco, Firearms, and Explosives to make a video recording of the entire process of its examination and testing of an item for the purpose of determining whether the item is a firearm (and if so, the type of firearm) or ammunition. Bars the Bureau from editing or erasing any such recording.Directs the Bureau to make available a digital video disc that contains a copy of the recording: (1) at the request of a person who claims an ownership interest in such item; and (2) to a defendant in a criminal proceeding involving such item. Provides that an item which the Bureau has determined is a firearm or ammunition shall not be admissible as evidence unless: (1) the Bureau [...]

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To amend title 35, United States Code, to provide for patent reform. 9/7/2007--Passed House amended.    (There are 2 other summaries) Patent Reform Act of 2007 - Amends federal patent law to establish a first-inventor-to file system and to add or revise provisions governing patent review proceedings and patent infringement litigation.(Sec. 3) Adds and expands definitions relating to patents. Defines "inventor" as the individual or individuals collectively who invented or discovered the subject matter of the invention and "joint inventor" as any one of the individuals who invented or discovered the subject matter of an invention. Defines "effective filing date of a claimed invention" as the filing date of the patent or the application for patent containing the claim to the invention (thus establishing a first-inventor-to-file system).Revises the definition of "prior art" and conditions for patentability [...]

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To amend title 28, United States Code, to grant to the House of Representatives the authority to bring a civil action to enforce, secure a declaratory judgment concerning the validity of, or prevent a threatened refusal or failure to comply with any subpoena or order issued by the House or any committee or subcommittee of the House to secure the production of documents, the answering of any deposition or interrogatory, or the securing of testimony, and for other purposes. 2/6/2008--Introduced. Contempt of the House of Representatives Subpoena Authority Act of 2008 - Grants the U.S. district court for the District of Columbia original jurisdiction over any civil action brought by the House of Representatives (or any authorized committee or subcommittee) to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened refusal or failure to comply with, any subpoena or order issued by it to any entity acting or purporting to act under color [...]

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A bill to amend chapter 111 of title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes. 12/11/2007--Introduced. Sunshine in Litigation Act of 2007 - Amends the federal judicial code to prohibit a court from entering an order restricting the disclosure of information obtained through discovery, approving a settlement disagreement that would restrict such disclosure, or restricting access to court records in a civil case, unless the court has found that: (1) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or (2) the public interest in the disclosure of potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information, and the requested protective order is no broader than necessary to protect the privacy interest. Prohibits any [...]

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A bill to provide for the substitution of the United States in certain civil actions. 12/3/2007--Introduced. Foreign Intelligence Surveillance Substitution Act of 2007 - Requires a federal or state court to substitute the United States for an electronic communication service provider with respect to any claim in a covered civil action if the Attorney General certifies to the court that either: (1) the service provider did not provide the alleged assistance; or (2) the assistance alleged to have been provided was in connection with an intelligence activity involving communications authorized by the President between September 11, 2001, and January 17, 2007, and designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States. Requires the alleged provider assistance to be described in a written request or directive from the Attorney General or the head of an element of the intelligence community to the electronic [...]

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A bill to maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media. 10/22/2007--Reported to Senate amended.    (There is 1 other summary) Free Flow of Information Act of 2007 - (Sec. 2) Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency) from compelling a covered person to testify or produce any document relating to protected information unless a court makes specified determinations by a preponderance of the evidence, including that all reasonable alternative sources have been exhausted, that the testimony or document sought is essential, and that nondisclosure would be contrary to the public interest, taking into account both the public interest in compelling disclosure and the public interest in gathering news and maintaining the free flow of information. Defines [...]

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To amend titles 17 and 18, United States Code, to strengthen the protection of intellectual property, and for other purposes. 7/24/2007--Introduced. Intellectual Property Enhanced Criminal Enforcement Act of 2007 - Makes copyright registration requirements applicable to only civil (not criminal) copyright infringement actions. Authorizes the court, in civil copyright infringement actions, to: (1) order the impounding of records documenting the manufacture, sale, or receipt of items; and (2) determine that parts of a compilation or derivative work constitute separate works in assessing statutory damages.Establishes criminal violations for any attempt or conspiracy to commit criminal copyright infringement, with the same penalties as prescribed for the offense.Deems the unauthorized importation or exportation of copies or phonorecords to be an infringement of the exclusive right to distribute, in certain circumstances.Includes within the definition [...]

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A bill to prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity. 5/7/2007--Introduced. Commonsense Consumption Act of 2007 - Prohibits new, and requires dismissal of pending, civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food, or a trade association, for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition. Subjects to such prohibition: (1) any action brought by a person other than the person on whose weight gain, obesity, or health condition the action is based; and (2) any derivative action brought by or on behalf of any person or any representative, spouse, [...]

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To prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity. 5/7/2007--Introduced. Commonsense Consumption Act of 2007 - Prohibits new, and requires dismissal of pending, civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food, or a trade association, for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition. Subjects to such prohibition: (1) any action brought by a person other than the person on whose weight gain, obesity, or health condition the action is based; and (2) any derivative action brought by or on behalf of any person or any representative, spouse, parent,[...]

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A bill to maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media. 5/2/2007--Introduced. Free Flow of Information Act of 2007 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency) from compelling a covered person (a person engaged in journalism, including their supervisor, employer, parent, subsidiary, or affiliate) to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court [...]

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To maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media. 10/16/2007--Passed House amended.    (There is 1 other summary) Free Flow of Information Act of 2007 - (Sec. 2) Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government), in any matter arising under federal law, from compelling a covered person to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence, including determinations: (1) relating to exhaustion of alternative sources, (2) that the testimony or document sought is critical; (3) that disclosure of the information source's identity is necessary; and (4) that the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering [...]

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A bill to amend title 35, United States Code, to provide for patent reform. 1/24/2008--Reported to Senate amended.    (There is 1 other summary) Patent Reform Act of 2007 - (Sec. 2) Amends federal patent law to define terms, including "inventor," "joint inventor," and "effective filing date of a claimed invention." Modifies the conditions under which a patent may be obtained, including basing patent granting in part on filing dates (often referred to as a "first-to-file" system). Repeals provisions relating to inventions made abroad and provisions allowing statutory invention registration. Requires that a subsequent patent application which names an inventor or joint inventor in a previous application (currently, an application which is filed by an inventor or inventors named in a previous application) have the same effect as though filed on the date of the previous application. Repeals [...]

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