(Updated July 17, 2006)

H.R. 3729
Federal Judiciary Emergency Tolling Act of 2005

Floor Situation

The House is scheduled to consider H.R. 3729, under suspension of the rules, on Monday, July 17, 2006. The resolution is debatable for 40 minutes, may not be amended, and requires a two-thirds majority vote for passage.

Summary

The Federal Judiciary Emergency Tolling Act of 2005 authorizes the chief judge of a federal judicial district or circuit to delay, toll, or otherwise grant relief from time deadlines for any class of cases pending in the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable for the U.S. Government or a class of litigants to comply with deadlines imposed by any federal or state law or rule that applies in federal court.

H.R. 3729 applies the tolling authority to all laws and rules affecting criminal and juvenile proceedings, civil actions, bankruptcy proceedings, and the time for filing and perfecting an appeal, but excludes from the authority any statute of limitation for a criminal action or a civil action, if the claim arises under state law and extending the limitations period would be inconsistent with such law.

The Federal Judiciary Emergency Tolling Act of 2005 permits action of the authority, in the absence of the chief judge, by the senior district judge in regular active service, or, if no such judge is available, by the chief judge of the circuit that includes the district or by the senior circuit judge of appeals in regular active service.

H.R. 3729 declares that nothing in this Act shall be construed to authorize suspension of the writ of habeas corpus.

Legislative History

H.R. 3729 was introduced by Rep. Sensenbrenner (WI) on September 13, 2005. The bill was ordered to be reported as amended from the Judiciary Committee, by a voice vote, on November 9, 2005. House Report 109-371 was filed on February 8, 2006.

For additional information or questions, please contact the Judiciary Committee at 5-3951.