Page:United States Statutes at Large Volume 119.djvu/2011

 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.

Sept. 9, 2005 [H.R. 3650]

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’’.

Federal Judiciary Emergency Special Sessions Act of 2005. 28 USC 1 note.

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

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