[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1889 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1889

    To provide that certain hearings functions of the Merit Systems 
 Protection Board be performed only by administrative law judges, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 1993

  Mr. Gekas (for himself and Mr. Kanjorski) introduced the following 
  bill; which was referred to the Committee on Post Office and Civil 
                                Service

_______________________________________________________________________

                                 A BILL


 
    To provide that certain hearings functions of the Merit Systems 
 Protection Board be performed only by administrative law judges, and 
                          for other purposes.

    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 ``Merit Systems Protection Board 
Administrative Judges Protection Act of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) administrative law judges and other administrative 
        judges who preside over agency proceedings, many of which are 
        of an adversarial nature, must be able to maintain their 
        impartiality in order to perform their duties effectively;
            (2) administrative law judges appointed under section 3105 
        of title 5, United States Code, are required to be assigned to 
        cases in rotation, are entitled to pay independent of agency 
        recommendations or ratings, and are not subject to agency 
        performance appraisals under chapter 43 of title 5, United 
        States Code;
            (3) because of such protections, administrative law judges 
        may perform their judicial functions independently of influence 
        from their agencies; and
            (4) administrative judges of the Merit Systems Protection 
        Board, who lack such protections, may not be able to act as 
        impartially as administrative law judges.
    (b) Purpose.--It is the purpose of this Act to provide that certain 
hearing functions of the Merit Systems Protection Board be performed 
only by administrative law judges, in order to ensure the impartiality 
of individuals presiding over administrative proceedings.

SEC. 3. ADMINISTRATIVE JUDGES OF MERIT SYSTEMS PROTECTION BOARD.

    (a) In General.--Section 1204(b) of title 5, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``, any administrative'' and 
                inserting ``and any administrative''; and
                    (B) by striking ``, and any employee of the Board 
                designated by the Board''; and
            (2) in paragraph (2)--
                    (A) by striking ``, any administrative'' and 
                inserting ``and any administrative''; and
                    (B) by striking ``, and any employee of the Board 
                designated by the Board''.
    (b) Status of Existing Judges.--Any employee designated by the 
Merit Systems Protection Board under paragraph (1) or (2) of section 
1204(b) of title 5, United States Code, to perform functions described 
in either such paragraph before the enactment of this Act who was 
either regularly performing such functions on January 1, 1993, or was 
delegated to perform such functions on that date, and who, immediately 
before such date of enactment, is employed by the Board or meets the 
Office of Personnel Management's criteria for the position of 
administrative law judge, shall, as of such date of enactment, be 
deemed to be an administrative law judge appointed by the Merit Systems 
Protection Board under section 3105 of title 5, United States Code. No 
such employee shall suffer a loss in grade, status, pay, or position as 
the result of a classification action taken pursuant to this 
subsection.

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