[Congressional Record Volume 152, Number 93 (Monday, July 17, 2006)]
[House]
[Pages H5240-H5242]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            FEDERAL JUDICIARY EMERGENCY TOLLING ACT OF 2006

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 3729) to provide emergency authority to delay or toll 
judicial proceedings in United States district and circuit courts, as 
amended.
  The Clerk read as follows

                               H.R. 3729

       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 
     Tolling Act of 2006''.

     SEC. 2. 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 
       deadlines

       ``(a) Tolling in District Courts.--
       ``(1) In general.--In the event of a natural disaster or 
     other emergency situation requiring the closure of courts or 
     rendering it impracticable for the United States Government 
     or a class of litigants to comply with deadlines imposed by 
     any Federal or State law or rule that applies in the courts 
     of the United States, the chief judge of a district court 
     that has been affected may exercise emergency authority in 
     accordance with this section.
       ``(2) Scope of authority.--(A) The chief judge may enter 
     such order or orders as may be appropriate to delay, toll, or 
     otherwise grant relief from the time deadlines imposed by 
     otherwise applicable laws or rules for such period as may be 
     appropriate for any class of cases pending or thereafter 
     filed in

[[Page H5241]]

     the district court or bankruptcy court of the district.
       ``(B) Except as provided in subparagraph (C), the authority 
     conferred by this section extends to all laws and rules 
     affecting criminal and juvenile proceedings (including, 
     prearrest, post-arrest, pretrial, trial, and post-trial 
     procedures), civil actions, bankruptcy proceedings, and the 
     time for filing and perfecting an appeal.
       ``(C) The authority conferred by this section does not 
     include the authority to extend--
       ``(i) any statute of limitation for a criminal action; or
       ``(ii) any statute of limitation for a civil action, if--
       ``(I) the claim arises under the laws of a State; and
       ``(II) extending the limitations period would be 
     inconsistent with the governing State law.
       ``(3) Unavailability of chief judge.--If the chief judge of 
     the district is unavailable, the authority conferred by this 
     section may be exercised by the district judge in regular 
     active service who is senior in commission or, if no such 
     judge is available, by the chief judge of the circuit that 
     includes the district.
       ``(4) Habeas corpus unaffected.--Nothing in this section 
     shall be construed to authorize suspension of the writ of 
     habeas corpus.
       ``(b) Criminal Cases.--In exercising the authority under 
     subsection (a) for criminal cases, the court shall consider 
     the ability of the United States Government to investigate, 
     litigate, and process defendants during and after the 
     emergency situation, as well as the ability of criminal 
     defendants as a class to prepare their defenses.
       ``(c) Tolling in Courts of Appeals.--
       ``(1) In general.--In the event of a natural disaster or 
     other emergency situation requiring the closure of courts or 
     rendering it impracticable for the United States Government 
     or a class of litigants to comply with deadlines imposed by 
     any federal or States law or rule that applies in the courts 
     of the United States, the chief judge of a court of appeals 
     that has been affected or that includes a district court so 
     affected may exercise emergency authority in accordance with 
     this section.
       ``(2) Scope of authority.--The chief judge may enter such 
     order or orders as may be appropriate to delay, toll, or 
     otherwise grant relief from the time deadlines imposed by 
     otherwise applicable laws or rules for such period as may be 
     appropriate for any class of cases pending in the court of 
     appeals.
       ``(3) Unavailability of chief judge.--If the chief judge of 
     the circuit is unavailable, the authority conferred by this 
     section may be exercised by the circuit judge in regular 
     active service who is senior in commission.
       ``(4) Habeas corpus unaffected.--Nothing in this section 
     shall be construed to authorize suspension of the writ of 
     habeas corpus.
       ``(d) Issuance of Orders.--The Attorney General or the 
     Attorney General's designee may request issuance of an order 
     under this section, or the chief judge of a district or of a 
     circuit may act on his or her own motion.
       ``(e) Duration of Orders.--An order entered under this 
     section may not toll or extend a time deadline for a period 
     of more than 14 days, except that, if the chief judge 
     (whether of a district or of a circuit) determines that an 
     emergency situation requires additional extensions of the 
     period during which deadlines are tolled or extended, the 
     chief judge may, with the consent of the judicial council of 
     the circuit, enter additional orders under this section in 
     order to further toll or extend such time deadline.
       ``(f) Notice.--A court issuing an order under this 
     section--
       ``(1) shall make all reasonable efforts to publicize the 
     order, including announcing the order on the web sites of all 
     affected courts and the web site of the Federal judiciary; 
     and
       ``(2) shall, through the Director of the Administrative 
     Office of the United States Courts, send notice of the order, 
     including the reasons for the issuance of the order, to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives.
       ``(g) Required Reports.--A court issuing one or more orders 
     under this section relating to an emergency situation shall, 
     not later than 180 days after the date on which the last 
     extension or tolling of a time period made by the order or 
     orders ends, submit a brief report to the Committee on the 
     Judiciary of the Senate, the Committee on the Judiciary of 
     the House of Representatives, and the Judicial Conference of 
     the United States describing the orders, including--
       ``(1) the reasons for issuing the orders;
       ``(2) the duration of the orders;
       ``(3) the effects of the orders on litigants; and
       ``(4) the costs to the judiciary resulting from the orders.
       ``(h) Exceptions.--The notice under subsection (f)(2) and 
     the report under subsection (g) are not required in the case 
     of an order that tolls or extends a time deadline for a 
     period of less than 14 days.''.
       (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 deadlines.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr. 
Conyers) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous materials on H.R. 3729 currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 3729. This legislation would 
grant the chief judge of any district or appeals court the authority to 
enter an order to delay or toll any deadlines on pending cases whenever 
an affected court has closed due to a natural disaster or other 
emergency situation.
  While the court can generally be expected to give consideration to 
the difficulties faced by litigants in such cases, this legislation is 
designed to ensure that the court also gives appropriate consideration 
to the unique burdens that may be imposed on the Federal Government in 
responding to an emergency.
  When a disaster occurs, the field offices of Federal law enforcement 
agencies may lose access to case files, evidence and other materials 
critical to the timely prosecution and adjudication of pending cases. 
Additionally, the government may be forced to reallocate personnel and 
other resources to address critical, often life-threatening, situations 
that arise as a consequence of such disasters. Last year's devastating 
hurricanes that struck New Orleans and much of the gulf region provide 
a recent example of circumstances where this bill would help ensure 
that justice can continue to be administered.
  The version of H.R. 3729 we consider today reflects bipartisan, 
clarifying changes adopted in committee based on discussions with the 
Administrative Office of the U.S. Courts and the Department of Justice. 
This legislation preserves the primacy of State law by expressly 
providing that the bill's authority does not extend to any statute of 
limitation for a criminal or civil action if the claim arises under 
State law and extending that limitation would be inconsistent with the 
governing State law.
  Additionally, the bill expressly provides that the bill not be 
construed to authorize suspension of habeas corpus, and places a 
limitation of 14 days on the amount of time a deadline may be extended 
or tolled while preserving the ability of a judge to seek additional 
time extensions.
  Finally, this legislation requires that a court issuing an order to 
toll or delay deadlines make all reasonable efforts to publicize the 
order on the Web sites of the Federal judiciary and all affected courts 
and notify the House and Senate Judiciary Committees when such action 
is taken.
  Mr. Speaker, this bill helps ensure that the fair and timely 
administration of justice, which is central to our form of government, 
is not imperiled by natural disasters or other emergency circumstances.
  I urge my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in support of H.R. 3729.
  The bill, as has been indicated, makes several key changes to current 
law which will help guarantee our Federal court system will be able to 
adequately function in the wake of a natural disaster or other 
emergency.
  First, it provides the chief judge of a Federal judicial district 
with the appropriate level of discretion to toll or delay deadlines for 
any class of cases pending before the court at the time of a natural 
disaster or emergency.
  It also, in a newly proposed section 2 of the bill, includes 
important language which makes clear that this bill is not to be 
construed to authorize the suspension of the writ of habeas corpus, as 
has been noted as a very important consideration.
  Third, the legislation limits the amount of time that a chief judge 
may

[[Page H5242]]

extend or toll a deadline to no more than 14 days, except where the 
judge determines that an emergency situation requires additional 
extensions.
  And finally, for any court that decides to toll or delay a deadline, 
the legislation creates a notice requirement. Among other things, this 
notice requirement would direct courts to make all reasonable efforts 
to publicize the order, including announcing the order on Web sites of 
all affected courts and the Web site of the Federal judiciary and 
require the director of the Administrative Office of the Courts to send 
copies of each notice, including the reasons for their issuance, to the 
House and the Senate Judiciary Committees.

                              {time}  1515

  It is worth noting that this latter provision will go a long way 
toward helping our committee conduct adequate oversight and assist in 
our efforts to detect any possible abuses.
  In closing, I thank the chairman of the Committee on the Judiciary, 
Mr. Sensenbrenner, for his willingness to work with Members on this 
side of the aisle to address many of our concerns regarding the 
legislation. This is truly bipartisan. I urge my colleagues to support 
this worthwhile measure
  Mr. Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the 
rules and pass the bill, H.R. 3729, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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