[Congressional Record Volume 141, Number 153 (Thursday, September 28, 1995)]
[Senate]
[Page S14570]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      CIRCUIT JUDGE AUTHORIZATION

   Mr. GRAMM. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 133, S. 531.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 531) to authorize a circuit judge who has taken 
     part in an en banc hearing of a case to continue to 
     participate in that case after taking senior status, and for 
     other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on the Judiciary with 
an amendment; as follows:

  (The parts of the bill intended to be struck through are shown in 
boldface brackets and the parts of the bill intended to be inserted are 
shown in italic.)

                                 S. 531

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AMENDMENT.

       [The last sentence of section 46(c) of title 28, United 
     States Code, is amended by striking ``as a member'' and all 
     that follows through the period and inserting the following: 
     ``as a member of an in banc court--
       [``(1) reviewing a decision of a panel of which such judge 
     was a member; or
       [``(2) continuing to participate in the decision of a case 
     or controversy that was heard or reheard by the court in banc 
     at a time when such judge was in regular active service.''.]
       The last sentence of section 46(c) of title 28, United 
     States Code, is amended by inserting ``(1)'' after 
     ``eligible'' and by inserting before the period at the end of 
     the sentence ``, or (2) to continue to participate in the 
     decision of a case or controversy that was heard or reheard 
     by the court in banc at a time when such judge was in regular 
     active service''.

  Mr. GRAMM. Mr. President, I ask unanimous consent that the committee 
amendment be agreed to, that the bill then be deemed read a third time, 
passed, that the motion to reconsider be laid upon the table, and that 
any statements relating to the bill be placed at the appropriate place 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (S. 531), as amended, was passed, as follows:

                                 S. 531

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AMENDMENT.

       The last sentence of section 46(c) of title 28, United 
     States Code, is amended by inserting ``(1)'' after 
     ``eligible'' and by inserting before the period at the end of 
     the sentence ``, or (2) to continue to participate in the 
     decision of a case or controversy that was heard or reheard 
     by the court in banc at a time when such judge was in regular 
     active service''.

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