109TH CONGRESS 
1ST SESSION H. R. 3650
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 Representa-
tives 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 PRO-
CEEDINGS OUTSIDE THE TERRITORIAL JU-
RISDICTION OF THE COURT. 
(a) CIRCUIT COURTS.—Section 48 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(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 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 ex-
piration of such court order submit a brief re-
port to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of 
the House of Representatives describing the im-
pact 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 liti-
gants; and 
‘‘(iv) the costs to the judiciary result-
ing from such order; and 
‘‘(2) shall provide reasonable notice to the 
United States Marshals Service before the com-
mencement 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 ses-
sions 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 con-
ducted 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 busi-
ness 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 ex-
piration of such court order submit a brief re-
port to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of 
the House of Representatives describing the im-
pact 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 liti-
gants; and 
‘‘(IV) the costs to the judiciary result-
ing from such order; and 
‘‘(B) shall provide reasonable notice to the 
United States Marshals Service before the com-
mencement 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)’’; 
(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 pursu-
ant to this paragraph that might be transacted at a reg-
ular 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 ex-
piration of such court order submit a brief re-
port to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of 
the House of Representatives describing the im-
pact 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 liti-
gants; and 
‘‘(dd) the costs to the judiciary result-
ing from such order; and
‘‘(ii) shall provide reasonable notice to the 
United States Marshals Service before the com-
mencement 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 sub-
section (a) by striking ‘‘territorial jurisdiction prescribed 
by his appointment—’’ and inserting ‘‘district in which 
sessions are held by the court that appointed the mag-
istrate judge, at other places where that court may func-
tion, and elsewhere as authorized by law—’’.
Passed the House of Representatives September 7, 
2005. 
Attest:
Clerk.
109TH CONGRESS 
1ST SESSION 
H. R. 3650
AN ACT 
To allow United States courts to conduct business 
during emergency conditions, and for other pur-
poses.