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able, by the chief judge of the circuit that includes 
the district. 
‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 
in this section shall be construed to authorize sus-
pension 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 appro-
priate to delay, toll, or otherwise grant relief from 
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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 ap-
peals. 
‘‘(3) UNAVAILABILITY
OF
CHIEF
JUDGE.—If 
the chief judge of the circuit is unavailable, the au-
thority conferred by this section may be exercised by 
the circuit judge in regular active service who is sen-
ior in commission. 
‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 
in this section shall be construed to authorize sus-
pension 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 dis-
trict 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 coun-
cil of the circuit, enter additional orders under this section 
in order to further toll or extend such time deadline. 
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‘‘(f) NOTICE.—A court issuing an order under this 
section— 
‘‘(1) shall make all reasonable efforts to pub-
licize 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 Adminis-
trative Office of the United States Courts, send no-
tice of the order, including the reasons for the 
issuance of the order, to the Committee on the Judi-
ciary of the Senate and the Committee on the Judi-
ciary 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 
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‘‘(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.’’. 
Passed the House of Representatives July 17, 2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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