I 
109TH CONGRESS 
1ST SESSION H. R. 3729 
To provide emergency authority to delay or toll judicial proceedings in United 
States district and circuit courts. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 13, 2005 
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To provide emergency authority to delay or toll judicial 
proceedings in United States district and circuit courts. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. 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 fol-
lowing:
‘‘§ 1660. Emergency authority to delay or toll judicial 
proceedings 
‘‘(a) IN GENERAL.—Upon application of the Attorney 
General or the Attorney General’s designee, or on his or 
her own motion, the chief judge of a district court that 
has been affected (or, if the chief district judge is unavail-
able, the most senior available active district judge or the 
chief judge of the court of appeals including the district) 
may, in the event of a natural disaster, civil disobedience, 
or other emergency situation requiring the closure of 
courts or other circumstances inhibiting the ability of liti-
gants to comply with deadlines imposed by rules of proce-
dure applicable in the courts of the United States, enter 
such order or orders as may be appropriate to delay, toll, 
or otherwise grant relief from time deadlines imposed by 
otherwise applicable statutes and rules of procedure for 
such period and in such judicial district as may be appro-
priate, including, without limitation, those affecting all 
prearrest, post-arrest, pretrial, trial, and post-trial proce-
dures in criminal and juvenile proceedings and all civil 
process and proceedings, and the time for filing and per-
fecting an appeal. 
‘‘(b) CRIMINAL CASES.—In setting new time limits 
under this section for criminal cases, the court shall con-
sider the Government’s ability to investigate, litigate, and
process defendants during and after the emergency situa-
tion. 
‘‘(c) APPEALS.—Upon application of the Attorney 
General or the Attorney General’s designee, or on his or 
her own motion, the chief judge of a court of appeals that 
has been affected or that includes a district court so af-
fected (or, if the chief circuit judge is unavailable, the 
most senior available active circuit judge) may, in the 
event of a natural disaster, civil disobedience, or other 
emergency situation requiring the closure of courts or 
other circumstances inhibiting the ability of litigants to 
comply with deadlines imposed by rules of procedure appli-
cable in the courts of the United States, enter such order 
or orders as may be appropriate to delay, toll, or otherwise 
grant relief from time deadlines imposed by otherwise ap-
plicable statutes and rules of procedure for such period 
and in such circuit as may be appropriate, including, with-
out limitation, those affecting all appellate proceedings.’’. 
(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 proceedings.’’. 
Æ