[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3729 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3729

To provide emergency authority to delay or toll judicial proceedings in 
               United States district and circuit courts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2005

Mr. Sensenbrenner introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide emergency authority to delay or toll judicial proceedings in 
               United States district and circuit courts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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 proceedings
    ``(a) In General.--Upon application of the Attorney General or the 
Attorney General's designee, or on his or her own motion, the chief 
judge of a district court that has been affected (or, if the chief 
district judge is unavailable, the most senior available active 
district judge or the chief judge of the court of appeals including the 
district) may, in the event of a natural disaster, civil disobedience, 
or other emergency situation requiring the closure of courts or other 
circumstances inhibiting the ability of litigants to comply with 
deadlines imposed by rules of procedure applicable in the courts of the 
United States, enter such order or orders as may be appropriate to 
delay, toll, or otherwise grant relief from time deadlines imposed by 
otherwise applicable statutes and rules of procedure for such period 
and in such judicial district as may be appropriate, including, without 
limitation, those affecting all prearrest, post-arrest, pretrial, 
trial, and post-trial procedures in criminal and juvenile proceedings 
and all civil process and proceedings, and the time for filing and 
perfecting an appeal.
    ``(b) Criminal Cases.--In setting new time limits under this 
section for criminal cases, the court shall consider the Government's 
ability to investigate, litigate, and process defendants during and 
after the emergency situation.
    ``(c) Appeals.--Upon application of the Attorney General or the 
Attorney General's designee, or on his or her own motion, the chief 
judge of a court of appeals that has been affected or that includes a 
district court so affected (or, if the chief circuit judge is 
unavailable, the most senior available active circuit judge) may, in 
the event of a natural disaster, civil disobedience, or other emergency 
situation requiring the closure of courts or other circumstances 
inhibiting the ability of litigants to comply with deadlines imposed by 
rules of procedure applicable in the courts of the United States, enter 
such order or orders as may be appropriate to delay, toll, or otherwise 
grant relief from time deadlines imposed by otherwise applicable 
statutes and rules of procedure for such period and in such circuit as 
may be appropriate, including, without limitation, those affecting all 
appellate proceedings.''.
    (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 proceedings.''.
                                 <all>