[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3650 Enrolled Bill (ENR)]
H.R.3650
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
To allow United States courts to conduct business during emergency
conditions, 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 ``Federal Judiciary Emergency Special
Sessions Act of 2005''.
SEC. 2. EMERGENCY AUTHORITY TO CONDUCT COURT PROCEEDINGS OUTSIDE THE
TERRITORIAL JURISDICTION OF THE COURT.
(a) Circuit Courts.--Section 48 of title 28, United States Code, is
amended by adding at the end the following:
``(e) Each court of appeals may hold special sessions at any place
within the United States outside the circuit as the nature of the
business may require and upon such notice as the court orders, upon a
finding by either the chief judge of the court of appeals (or, if the
chief judge is unavailable, the most senior available active judge of
the court of appeals) or the judicial council of the circuit that,
because of emergency conditions, no location within the circuit is
reasonably available where such special sessions could be held. The
court may transact any business at a special session outside the
circuit which it might transact at a regular session.
``(f) If a court of appeals issues an order exercising its
authority under subsection (e), the court--
``(1) through the Administrative Office of the United States
Courts, shall--
``(A) send notice of such order, including the reasons for
the issuance of such order, to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives; and
``(B) not later than 180 days after the expiration of such
court order submit a brief report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives describing the impact of such
order, including--
``(i) the reasons for the issuance of such order;
``(ii) the duration of such order;
``(iii) the impact of such order on litigants; and
``(iv) the costs to the judiciary resulting from such
order; and
``(2) shall provide reasonable notice to the United States
Marshals Service before the commencement of any special session
held pursuant to such order.''.
(b) District Courts.--Section 141 of title 28, United States Code,
is amended--
(1) by inserting ``(a)(1)'' before ``Special'';
(2) by inserting ``(2)'' before ``Any''; and
(3) by adding at the end the following:
``(b)(1) Special sessions of the district court may be held at such
places within the United States outside the district as the nature of
the business may require and upon such notice as the court orders, upon
a finding by either the chief judge of the district court (or, if the
chief judge is unavailable, the most senior available active judge of
the district court) or the judicial council of the circuit that,
because of emergency conditions, no location within the district is
reasonably available where such special sessions could be held.
``(2) Pursuant to this subsection, any business which may be
transacted at a regular session of a district court may be transacted
at a special session conducted outside the district, except that a
criminal trial may not be conducted at a special session outside the
State in which the crime has been committed unless the defendant
consents to such a criminal trial.
``(3) Notwithstanding any other provision of law, in any case in
which special sessions are conducted pursuant to this section, the
district court may summon jurors--
``(A) in civil proceedings, from any part of the district in
which the court ordinarily conducts business or the district in
which it is holding a special session; and
``(B) in criminal trials, from any part of the district in
which the crime has been committed and, if the defendant so
consents, from any district in which the court is conducting
business pursuant to this section.
``(4) If a district court issues an order exercising its authority
under paragraph (1), the court--
``(A) through the Administrative Office of the United States
Courts, shall--
``(i) send notice of such order, including the reasons for
the issuance of such order, to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives; and
``(ii) not later than 180 days after the expiration of such
court order submit a brief report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives describing the impact of such
order, including--
``(I) the reasons for the issuance of such order;
``(II) the duration of such order;
``(III) the impact of such order on litigants; and
``(IV) the costs to the judiciary resulting from such
order; and
``(B) shall provide reasonable notice to the United States
Marshals Service before the commencement of any special session
held pursuant to such order.''.
(c) Bankruptcy Courts.--Section 152(c) of title 28, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2)(A) Bankruptcy judges may hold court at such places within the
United States outside the judicial district as the nature of the
business of the court may require, and upon such notice as the court
orders, upon a finding by either the chief judge of the bankruptcy
court (or, if the chief judge is unavailable, the most senior available
bankruptcy judge) or by the judicial council of the circuit that,
because of emergency conditions, no location within the district is
reasonably available where the bankruptcy judges could hold court.
``(B) Bankruptcy judges may transact any business at special
sessions of court held outside the district pursuant to this paragraph
that might be transacted at a regular session.
``(C) If a bankruptcy court issues an order exercising its
authority under subparagraph (A), the court--
``(i) through the Administrative Office of the United States
Courts, shall--
``(I) send notice of such order, including the reasons for
the issuance of such order, to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives; and
``(II) not later than 180 days after the expiration of such
court order submit a brief report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives describing the impact of such
order, including--
``(aa) the reasons for the issuance of such order;
``(bb) the duration of such order;
``(cc) the impact of such order on litigants; and
``(dd) the costs to the judiciary resulting from such
order; and
``(ii) shall provide reasonable notice to the United States
Marshals Service before the commencement of any special session
held pursuant to such order.''.
(d) United States Magistrate Judges.--Section 636 of title 28,
United States Code, is amended in subsection (a) by striking
``territorial jurisdiction prescribed by his appointment--'' and
inserting ``district in which sessions are held by the court that
appointed the magistrate judge, at other places where that court may
function, and elsewhere as authorized by law--''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.