[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3961 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3961

  To establish the Administrative Law Judge Conference of the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 1998

  Mr. Gekas introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To establish the Administrative Law Judge Conference of the United 
                    States, 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 ``Administrative Law Judge Conference 
of the United States Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) in order to promote efficiency, productivity, and the 
        improvement of administrative functions, to enhance public 
        service and public trust in the administrative resolution of 
        disputes, and to enhance the enforcement of the administrative 
        law provisions of title 5, United States Code, the 
        Administrative Law Judge Conference of the United States should 
        be established;
            (2) the existing system of permanent agency assignments of 
        administrative law judges appointed under section 3015 of title 
        5, United States Code, will be enhanced, by creating the 
        Administrative Law Judge Conference of the United States and 
        will serve the public with maximum economy and efficiency;
            (3) the Administrative Law Judge Conference of the United 
        States will enhance legal specialization of administrative law 
        judges by establishing initial and continuing education 
        programs, after consulting with the appropriate agency, to 
        insure that each such judge has the necessary training in the 
        specialized field of law to hear cases assigned by the agency;
            (4) the Administrative Law Judge Conference of the United 
        States will establish a system of administrative law judge 
        professional accountability and implement a process to protect 
        the public by establishing procedures to handle allegations of 
        judicial misconduct; and
            (5) the Administrative Law Judge Conference of the United 
        States will effect no change in the rulemaking, interpretative, 
        or policymaking authority of an agency which would retain full 
        authority to review and change administrative law judge 
        decisions.

SEC. 3. ESTABLISHMENT OF THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE 
              UNITED STATES.

    (a) In General.--Chapter 5 of title 5, United States Code, is 
amended by adding at the end thereof the following new subchapter:

``SUBCHAPTER VI--THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED 
                                 STATES

``Sec. 597. Definitions
    ``For the purposes of this subchapter--
            ``(1) the term `agency' means an authority referred to in 
        section 551(1);
            ``(2) the term `Conference' means the Administrative Law 
        Judge Conference of the United States established under section 
        598;
            ``(3) the term `administrative law judge' means an 
        administrative law judge appointed under section 3105 before or 
        after the effective date of this subchapter; and
            ``(4) the term `chief judge' means the chief administrative 
        law judge appointed and serving under section 599.
``Sec. 598. Establishment; membership
    ``(a) Establishment.--There is established the Administrative Law 
Judge Conference of the United States consisting of all administrative 
law judges in accordance with subsection (b). Such office shall be 
administered in Washington, DC.
    ``(b) Membership.--An administrative law judge serving as such on 
the date of the commencement of the operation of the Conference, or who 
is appointed to the position of administrative law judge thereafter, 
shall be transferred to the Conference for personnel management and 
related support functions. Each administrative law judge shall be 
assigned to an agency as provided under section 599A.
``Sec. 599. Chief administrative law judge
    ``(a) Appointment; Term; Pay.--The chief administrative law judge 
shall be the chief administrative officer and presiding judge of the 
Conference. The chief judge shall be appointed by the President, by and 
with the advice and consent of the Senate. The chief judge shall have 
served as an administrative law judge for at least 5 years before the 
date of appointment. The term of office of the chief judge shall be 5 
years or until a successor is appointed and qualifies to serve. A chief 
judge may be reappointed by the President, by and with the advice and 
consent of the Senate, for 1 additional term upon the expiration of the 
term of such judge. The chief judge shall be paid at the rate of 105 
percent of basic pay for level IV of the Executive Schedule.
    ``(b) Service After Term Expires.--After serving as chief judge, an 
individual may continue to serve as an administrative law judge unless 
such individual has been removed from office in accordance with section 
7521.
    ``(c) Powers of the Chief Judge.--The chief judge shall--
            ``(1) enhance and develop the administrative law process 
        and the administrative law judge function and ensure that 
        adjudications by administrative law judges are conducted in 
        accordance with sections 553, 554, and 556 and other applicable 
        law.
            ``(2) maintain and be the custodian of the personnel file 
        for each administrative law judge;
            ``(3) maintain a senior administrative law judge register;
            ``(4) develop training programs, in coordination with the 
        agencies, to promote judicial education, specialization, and 
        efficiency of administrative law judges;
            ``(5) encourage the efficient use of administrative law 
        judges through temporary reassignment of administrative law 
        judges based upon workload;
            ``(6) consult with agencies and Office of Management and 
        Budget regarding resources necessary to support administrative 
        law functions; and
            ``(7) make rules and procedures to implement this 
        subchapter and the functions of the Conference.
The chief judge shall make an annual written report to the President 
and the Congress including recommendations to improve the 
administrative law process.
    ``(d) Transfer.--All administrative law judge functions currently 
performed by the Office of Administrative Law Judges of the United 
States Office of Personnel Management shall be transferred to the 
Conference.
``Sec. 599A. Administrative law judge
    ``(a) Assignment to Agencies.--After selection for appointment to 
the position of administrative law judge by an agency, the chief judge 
shall assign each administrative law judge to such agency for the 
adjudication of cases for the agency.
    ``(b) Agencies.--Each agency with assigned administrative law 
judges shall be responsible for the following:
            ``(1) To provide for all the budget, resources, and support 
        requirements for each administrative law judge assigned to the 
        agency.
            ``(2) To maintain the finance records for each 
        administrative law judge assigned to the agency.
    ``(c) Appointment of Agency Chief Judges.--The chief administrative 
law judge of each agency shall be appointed by the agency head.
``Sec. 599B. Council of the Administrative Law Judge Conference of the 
              United States
    ``(a) In General.--The advisory body on policy of the Conference 
shall be the Council of the Administrative Law Judge Conference of the 
United States. The chief judge shall preside over the Council.
    ``(b) Membership.--Membership of the Council shall consist of 6 
agency chief judges, a public member, 3 elected administrative law 
judges, and the chief judge. In addition to the chief judge, there 
shall be 3 permanent members, 3 temporary members, 3 elected 
administrative law judges, and 1 public member. The 3 permanent members 
shall consist of the agency chief judge from each of the 3 agencies 
which have the greatest number of administrative law judges. The 3 
temporary members shall be selected by the chief judge, on a rotating 
basis, from the agency chief judges of the other agencies that have 
administrative law judges. The public member shall be an attorney with 
administrative law experience who is selected by the American Bar 
Association. Each temporary member and the public member shall serve a 
term of 1 year. The 3 elected administrative law judges shall be 
selected by popular vote of the currently employed administrative law 
judges. Not more than one administrative law judge shall be from the 
same agency and they shall serve for a term of 2 years. The chief judge 
will conduct the election. The agency of each administrative law judge 
serving on the Council shall pay the expenses and per diems of each 
administrative law judge for attending Council meetings and performing 
Council business.
    ``(c) Responsibilities.--The Council shall meet at least quarterly 
and shall make recommendations to the chief judge relating to the 
administrative law process and administrative law judge personnel 
matters
    ``(d) Public Member Compensation.--The public member of the Council 
shall be compensated as provided in section 599D(b).
``Sec. 599C. Jurisdiction
    ``(a) Duties.--An administrative law judge who is a member of the 
Conference and who is assigned to an agency shall hear and render a 
decision upon every type of claim, case, action, or controversy of 
adjudication, subject to the provisions of section 553, 554, or 556, 
and for every type of claim, case, action, or controversy assigned to 
administrative law judges at the time of the enactment of this 
subchapter. An administrative law judge shall adhere to the existing 
legal precedent as established by the decisions of the United States 
court of appeals for the circuit in which the case is heard.
    ``(b) Referral of Cases by Courts.--Courts are authorized to refer, 
subject to the approval of the chief judge and the parties in the court 
proceeding, those cases, or portions thereof, in which they seek an 
administrative law judge to act as a special master pursuant to the 
provisions of Rule 53(a) of the Federal Rules of Civil Procedure or 
otherwise seek an administrative law judge to make findings of fact in 
a case on behalf of the referring court, which shall continue to have 
exclusive and undiminished jurisdiction over the case. When a court has 
referred a case to an administrative law judge, the recommendations, 
rulings, and findings of fact of the administrative law judge are 
subject to de novo review by the referring court.
    ``(c) Application of Agency Policy.--The provisions of this 
subchapter shall effect no change in--
            ``(1) an agency's rulemaking, interpretative, or 
        policymaking authority in carrying out the statutory 
        responsibilities vested in the agency or agency head;
            ``(2) the adjudicatory authority of administrative law 
        judges; or
            ``(3) the authority of an agency to review decisions of 
        administrative law judges under any applicable provision of 
        law.
``Sec. 599D. Removal and discipline
    ``(a) In General.--The chief judge, upon the recommendation of the 
Council of the Administrative Law Conference of the United States and 
after providing notice and a period for comment, shall adopt and issue 
rules of judicial conduct for administrative law judges. An 
administrative law judge may not be removed, suspended, reprimanded, or 
disciplined except for misconduct or neglect of duty, as provided in 
section 7521, but may be removed for physical or mental disability 
(consistent with prohibitions on discrimination otherwise imposed by 
law).
    ``(b) Complaint Resolutions Board.--The rules of the chief judge 
under subsection (a) shall contain a Complaints Resolution Board which 
consists of both administrative law judges and attorneys. The attorneys 
shall be nominated by the American Bar Association. Compensation shall 
be paid for work performed by board members, who are not Federal 
Government employees, at the level of AL-3, rate C under section 5372 , 
plus expenses and per diems authorized employees of agencies under 
subchapter I of chapter 57 . The agency that employs the administrative 
law judge, who is the subject of the complaint, shall pay all expenses, 
per diem, and costs relating to the disciplinary action.
    ``(c) Complaint.--(1) A complaint against an administrative law 
judge shall be in writing and filed with the chief judge. The chief 
judge may--
            ``(A) dismiss the complaint, if the chief judge finds the 
        complaint to be--
                    ``(i) directly related to the merits of a decision 
                or procedural ruling; or
                    ``(ii) frivolous;
            ``(B) conclude the proceeding if the chief judge finds that 
        appropriate corrective action has been taken or that action on 
        the complaint is no longer necessary because of intervening 
        events; or
            ``(C) refer the complaint to the Complaints Resolution 
        Board.
    ``(2) A panel selected from the Complaints Resolution Board, and 
consisting of 2 administrative law judges and 1 attorney, shall conduct 
an investigation of the complaint, may hold a hearing, and shall issue 
findings and recommendations. The recommendations of the panel shall 
include one of the following:
            ``(A) dismissal of all or part of the complaint;
            ``(B) direct informal reprimand;
            ``(C) direct formal reprimand;
            ``(D) suspension; or
            ``(E) referral to the Merit Systems Protections Board for 
        further proceedings under section 7521.
The recommendations of the panel are binding on the chief judge, but if 
the administrative law judge does not accept the recommendations of the 
panel, the agency may petition the Merit Systems Protections Board as 
provided under section 7521.''.

SEC. 4. MISCELLANEOUS

    (a) Satisfaction of Other Procedural Requirements.--Compliance with 
subchapter VI of chapter 5 of title 5, United States Code, shall 
satisfy all requirements imposed under section 916 of the Financial 
Institutions Reform, Recovery, and Enforcement Act of 1989.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 for fiscal year 1999 for the Administrative Law 
Judge Conference of the United States.
    (c) Technical and Conforming Amendment.--The table of sections for 
chapter 5 of title 5, United States Code, is amended by adding at the 
end thereof the following:
``subchapter vi--the administrative law judge conference of the united 
                                 states
``597. Definitions.
``598. Establishment; membership.
``599. Chief administrative law judge.
``599A. Administrative law judges.
``599B. Council of the Administrative Law Judge Conference of the 
                            United States.
``599C. Jurisdiction.
``599D. Removal and discipline.''.

SEC. 5. TRANSITION PROVISIONS.

    (a) Transfers.--There shall be transferred to the Conference the 
personnel, assets, property, unexpended balances of appropriations, 
allocations, and other funds employed and held by the United States 
Office of Personnel Management and relating to the administrative law 
function administered by the United States Office of Personnel 
Management. Appropriations, authorizations, allocations, and other 
funds paid or transferred by agencies to the United States Office of 
Personnel Management for the administration of the administrative law 
judge function shall, after the date of the enactment of this Act, be 
paid or transferred to the Conference.
    (b) Collective Bargaining Agreements.--Collective bargaining 
agreements, relating to personnel transferred by subsection (a), shall 
remain in effect according to the terms thereof.
    (c) Disputes.--The Director of the Office of Management and Budget, 
at such time or times as the Director may provide, shall make such 
determinations as may be necessary with regard to any dispute arising 
from the transfer of personnel or assets by subsection (a).

SEC. 6. OPERATION OF THE CONFERENCE.

    Operation of the Administrative Law Judge Conference of the United 
States shall commence on the date the first chief judge of the 
Conference takes office under section 599 of title 5, United States 
Code.

SEC. 7. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act shall take effect 120 days after the date of the enactment of 
this Act.
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