FEDERAL JUDICIARY EMERGENCY TOLLING ACT OF 2006
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Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 3729. This legislation would grant the chief judge of any district or appeals court the authority to enter an order to delay or toll any deadlines on pending cases whenever an affected court has closed due to a natural disaster or other emergency situation.
While the court can generally be expected to give consideration to the difficulties faced by litigants in such cases, this legislation is designed to ensure that the court also gives appropriate consideration to the unique burdens that may be imposed on the Federal Government in responding to an emergency.
When a disaster occurs, the field offices of Federal law enforcement agencies may lose access to case files, evidence and other materials critical to the timely prosecution and adjudication of pending cases. Additionally, the government may be forced to reallocate personnel and other resources to address critical, often life-threatening, situations that arise as a consequence of such disasters. Last year's devastating hurricanes that struck New Orleans and much of the gulf region provide a recent example of circumstances where this bill would help ensure that justice can continue to be administered.
The version of H.R. 3729 we consider today reflects bipartisan, clarifying changes adopted in committee based on discussions with the Administrative Office of the U.S. Courts and the Department of Justice. This legislation preserves the primacy of State law by expressly providing that the bill's authority does not extend to any statute of limitation for a criminal or civil action if the claim arises under State law and extending that limitation would be inconsistent with the governing State law.
Additionally, the bill expressly provides that the bill not be construed to authorize suspension of habeas corpus, and places a limitation of 14 days on the amount of time a deadline may be extended or tolled while preserving the ability of a judge to seek additional time extensions.
Finally, this legislation requires that a court issuing an order to toll or delay deadlines make all reasonable efforts to publicize the order on the Web sites of the Federal judiciary and all affected courts and notify the House and Senate Judiciary Committees when such action is taken.
Mr. Speaker, this bill helps ensure that the fair and timely administration of justice, which is central to our form of government, is not imperiled by natural disasters or other emergency circumstances.
I urge my colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
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