PUBLIC LAW 109–63—SEPT. 9, 2005 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.

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

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

Deadline.

Reports.

Notice.

Federal Judiciary

Emergency

Special Sessions

Act of 2005.

28 USC 1 note.

Sept. 9, 2005

[H.R. 3650]

119 STAT. 1994 PUBLIC LAW 109–63—SEPT. 9, 2005

‘‘(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

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) 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)’’; and

Notice.

Deadline.

Reports.

Notice.

Notice.

PUBLIC LAW 109–63—SEPT. 9, 2005 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) 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 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

Notice.

Deadline.

Reports.

Notice.

119 STAT. 1996 PUBLIC LAW 109–63—SEPT. 9, 2005

LEGISLATIVE HISTORY—H.R. 3650 (S. 1634):

CONGRESSIONAL RECORD, Vol. 151 (2005):

Sept. 7, considered and passed House.

Sept. 8, considered and passed Senate.

Æ

appointed the magistrate judge, at other places where that court

may function, and elsewhere as authorized by law—’’.

Approved September 9, 2005.