H. R. 3650
One Hundred Ninth Congress
of the
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the fourth day of January, two thousand and five 
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 avail-
able 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 ses-
sions 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
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‘‘(2) shall provide reasonable notice to the United States 
Marshals Service before the commencement of any special ses-
sion 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 defend-
ant 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 ses-
sion 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
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(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 ses-
sion 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
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appointed the magistrate judge, at other places where that court 
may function, and elsewhere as authorized by law—’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.