[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
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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
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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.
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