[Congressional Record Volume 151, Number 111 (Thursday, September 8, 2005)]
[Senate]
[Pages S9774-S9776]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  TO ALLOW UNITED STATES COURTS TO CONDUCT BUSINESS DURING EMERGENCY 
                               CONDITIONS

  Mr. FRIST. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of S. 1634 and H.R. 3650, en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bills en bloc.
  The assistant legislative clerk read as follows:

       A bill (S. 1634) to allow United States courts to conduct 
     business during emergency conditions, and for other purposes.
       A bill (H.R. 3650) to allow United States courts to conduct 
     business during emergency conditions, and for other purposes.

  There being no objection, the Senate proceeded to consider the bills.
  Mr. SPECTER. Mr. President, I seek recognition to support legislation 
that is urgently needed in light of the devastation caused by Hurricane 
Katrina. This legislation would authorize Federal circuit, district, 
and bankruptcy courts to conduct special sessions outside their 
respective boundaries in times of emergency. Currently there is no 
authority in the law for Federal courts to hold session beyond their 
geographical districts.
  The need for such authority initially became apparent following the 
terrorist attacks of September 11, 2001. Those attacks seriously 
impaired Federal court operations in New York City at the time. Court 
facilities available in nearby districts, such as New Jersey, could 
have alleviated the disruption in court services, but the authority 
provided in this legislation did not exist.
  The recent impact of Hurricane Katrina on the Federal courts in 
Louisiana, Alabama, and Mississippi has heightened the urgency of 
congressional action on this proposal. When emergencies, whether they 
be natural disasters or terrorist attacks, make shifting court 
operations to other court facilities within the affected district 
impossible, a Federal court facility in an adjoining district or 
circuit might be more readily and safely available to court personnel, 
litigants, jurors, and the public.
  The widespread flooding and vast destruction caused by Hurricane 
Katrina has created precisely this scenario. All of the Federal court 
facilities in the Eastern District of Louisiana are severely damaged 
and will not be available for a significant period of time. Courthouses 
have roof and window damage, extensive water infiltration, and no 
electrical power. Senior court management are meeting in Lafayette to 
discuss finding viable and possibly long-term alternative sites for 
court operations for that entire district, but such alternative sites 
most certainly must be outside the geographical boundaries of that 
district.
  Federal courts in the Middle and Western Districts of Louisiana are 
expected to remain open for business and possibly could provide 
temporary courtroom facilities, and the judiciary will be exploring 
these and other possibilities if given the authority proposed in this 
bill.
  In the Southern District of Alabama, seawater has flooded the 
basement of the Mobile, AL, courthouse, and debris is scattered 
throughout the grounds. The court does not know when that facility will 
become operational again, and this court too, may have to be 
temporarily relocated outside of the district. Similarly, in the 
Southern District of Mississippi, seawater has flooded the Gulfport 
facility, and communications and electrical power are down. Court 
operations in the Gulfport area have been shifted within that district 
to the court facility in Jackson, MS.
  The Fifth Circuit operations in New Orleans are completely closed and 
will

[[Page S9775]]

remain so for the foreseeable future. In the meantime, the judiciary 
has undertaken efforts to determine how much of the Fifth Circuit 
operations in New Orleans can be shifted within the circuit to Houston, 
and for what period of time.
  The Federal courts in these areas devastated by Hurricane Katrina 
simply must be able to shift court proceedings temporarily into a 
neighboring district. Without this legislation, the Federal criminal 
justice system risks grounding to a protracted halt throughout the gulf 
region at a time when it is needed most. This legislation is needed now 
to avoid undue delay in bringing criminals to swift justice and 
resolving civil matters important to private citizens, especially 
bankruptcy proceedings in anticipation of an increase in bankruptcy 
filings in Hurricane Katrina's wake.
  The need for this bill was brought to my attention by Judge Edward 
Becker of the Third Circuit and his colleagues at the Administrative 
Office of the Federal Courts and it enjoys their strong support. This 
bill is supported by my Democratic colleague, Senator Leahy, as well as 
Senators from the States ravaged by Hurricane Katrina. Since this bill 
is noncontroversial and clearly urgent, it is my hope that it can be 
passed by unanimous consent before the end of business today.
  Mr. LEAHY. Mr. President, the devastation wrought by the Hurricane 
Katrina to New Orleans and the gulf coast is not yet fully known. As 
the fate of thousands of our fellow Americans remains uncertain and the 
lives of many have been uprooted and the livelihood of many others 
affected, we must do all we can to assist those still suffering.
  During this time of crisis, one thing we can do is ensure that the 
Federal courts in these afflicted regions continue to function. I 
worked with Senators Landrieu, Vitter, and Chairman Specter, Chairman 
Sensenbrenner and Congressman Conyers to respond to a request from the 
Judicial Conference for additional authority to conduct court business 
outside the traditional territorial jurisdiction of a court. I thank 
them for including in this bill important reporting and accountability 
requirements.
  In implementing this legislation, I want to be sure that we work with 
the court, the Judicial Conference, and the Justice Department--but 
also with the local bar and others who will be most directly affected 
by the invocation of the authority this legislation would grant.
  Mr. FRIST. Mr. President, I ask unanimous consent the bills be read 
the third time and passed, the motion to reconsider be laid upon the 
table, and any statements relating to the bills be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 3650) was read the third time and passed.
  The bill (S. 1634) was read the third time and passed, as follows:

                                S. 1634

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

     SECTION 1. SHORT TITLE.

       (a) 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 of 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 a special session is conducted pursuant to this 
     subsection, 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 the court 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 a defendant so 
     consents, from any district in which the court is conducting 
     business pursuant to this subsection.
       ``(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)'';
       (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

[[Page S9776]]

     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--''.

  Mr. FRIST. Mr. President, for the information of colleagues, the 
bills, as stated, S. 1634 and H.R. 3650, are to address the issue of 
responding to the emergency of the national disaster which has occurred 
and in some ways is ongoing in the Gulf States. This allows our Federal 
court system to continue its operation. This legislation requires it to 
do so. This likely will be among a series of bills we will address over 
the coming days and weeks that respond to the disaster itself and to 
service the victims of that disaster, the people who are still in that 
coastal area of Louisiana and Mississippi and Alabama, to the victims 
who have been displaced, and to help volunteers and those people who 
are pitching in around the country, both government and private sector, 
as we come together to respond to this disaster that may well be the 
largest natural disaster we have seen in the last 100 years.
  The pending legislation is the Commerce, Science, and Justice 
appropriations bill. In this bill, as has been discussed, are a number 
of provisions related to Katrina and our response to Katrina, things 
such as the small business disaster loans.
  We will be, in fact, on that bill shortly, and the chairman will be 
here. I encourage Members to come over and talk to the chairman and 
ranking member. We want to move expeditiously with this appropriations 
bill, in part, because it does have Katrina-related issues in it. I 
would love to be able to finish this bill this week, if at all 
possible.
  Second, just for the information of our colleagues, the House will 
pass, at some point today or this afternoon, our second supplemental 
request to respond to this disaster. We have passed a $10.5 billion 
bill in an urgent emergency session last Thursday night. The Senate 
addressed it. This will be a second supplemental. As most know, it is 
more than $50 billion, a very large sum, but that is the appropriate 
sum, as a second phase, as determined by our appropriate personnel and 
staff.
  The House will pass that later today. Once they pass that, it will 
come to the Senate either this afternoon or this evening. I want to 
make sure our members know we will have rollcall votes today. It may 
well be tonight, but we need to pass the supplemental as soon as we 
possibly can.
  Ms. MIKULSKI. Mr. President, this side of the aisle concurred when 
the majority leader offered the unanimous consent allowing the Federal 
court to do their business outside of their jurisdiction. It is the 
people's business. How fitting we have the wheels of justice providing 
that flexibility. I am sure there will be other legislation; we hope it 
all goes as smoothly.

                          ____________________