[109th Congress Public Law 63]
[From the U.S. Government Printing Office]
[DOCID: f:publ063.109]
[[Page 119 STAT. 1993]]
Public Law 109-63
109th Congress
An Act
To allow United States courts to conduct business during emergency
conditions, and for other purposes. <<NOTE: Sept. 9, 2005 - [H.R.
3650]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Federal Judiciary Emergency
Special Sessions Act of 2005. 28 USC 1 note.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Deadline. Reports.>> 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
[[Page 119 STAT. 1994]]
``(2) <<NOTE: Notice.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Notice.>> 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
[[Page 119 STAT. 1995]]
(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) <<NOTE: Notice.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Notice.>> 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
[[Page 119 STAT. 1996]]
appointed the magistrate judge, at other places where that court may
function, and elsewhere as authorized by law--''.
Approved September 9, 2005.
LEGISLATIVE HISTORY--H.R. 3650 (S. 1634):
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CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 7, considered and passed House.
Sept. 8, considered and passed Senate.
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