[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5177 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5177

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2000

  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 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; and
            (3) the Administrative Law Judge Conference of the United 
        States will enhance judicial performance, status, and legal 
        training of administrative law judges by establishing initial 
        and continuing education programs, studying the adjudication 
        system, and reporting annually to Congress.

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(l);
            ``(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
    ``There is established the Administrative Law Judge Conference of 
the United States consisting of all administrative law judges appointed 
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 immediately 
before the date of appointment. The term of office of the chief judge 
shall be 5 years or, after expiration of 5 years, 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 first 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) Powers of the Chief Judge.--The chief judge shall--
            ``(1) enhance and develop the administrative law process 
        and the administrative law judge function;
            ``(2) develop training programs, in coordination with the 
        agencies, to promote judicial education, specialization, and 
        efficiency of administrative law judges;
            ``(3) consult with agencies and the Office of Management 
        and Budget regarding resources necessary to support 
        administrative law judge functions;
            ``(4) study instances when administrative law judges are 
        directed by an agency not to follow decisions of Federal 
        circuit courts of appeal because of nonacquiescence by the 
        agency for which the judge presides and report the findings to 
        the President and the Congress; and
            ``(5) make rules and procedures to implement 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 adjudicative 
        process.
    ``(d) Transfer.--All functions of the Office of Personnel 
Management with respect to administrative law judges are 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 
administrative law judge shall be assigned by the chief judge to such 
agency for the adjudication of cases for the agency. Each 
administrative law judge appointed at the time of the date of enactment 
of this section shall be assigned to the agency the administrative law 
judge was assigned to at the time of the date of enactment of this 
section. Subsequent assignments of the administrative law judge shall 
be made with the consent of the administrative law judge and the 
appointing agency.
    ``(b) Agencies.--Each agency with assigned administrative law 
judges shall be responsible to provide for all budget, resources and 
support requirements 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. Jurisdiction
    ``(a) Referral of Cases by Courts.--With the approval of the agency 
to whom the administrative law judge is assigned, courts are authorized 
to refer cases, or portions thereof, to 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 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. The 
court shall provide for reimbursement to the agency involved for costs 
relating to the administrative law judge referral.
    ``(b) Savings Clause.--The provisions of this subchapter shall 
effect no change in--
            ``(1) any agency's rulemaking, interpretative, or policy 
        making 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. 599C. Standards of conduct
    ``The chief judge, after providing notice and a period for comment, 
shall adopt and issue rules of judicial conduct for administrative law 
judges, consistent with the Model Code of Judicial Conduct for 
administrative law judges (American Bar Association, 1989). An 
administrative law judge may not be removed, suspended, reprimanded, or 
disciplined except as provided in section 7521. The rules of judicial 
conduct for administrative law judges shall provide for a voluntary 
alternative dispute resolution process that shall be conducted at the 
request of the administrative law judge.''.
    (b) Satisfaction of Other Procedural Requirements.--Compliance with 
subchapter VI of chapter 5 of title 5, United States Code, as added by 
subsection (a), shall satisfy all requirements imposed under section 
916 of the Financial Institutions Reform, Recovery, and Enforcement Act 
of 1989.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 for fiscal year 2000 for the Administrative Law 
Judge Conference of the United States.
    (d) Clerical 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. Jurisdiction.
``599C. Standards of conduct.''.

SEC. 4. TRANSITION PROVISIONS.

    (a) Transfers.--There shall be transferred to the Administrative 
Law Judge Conference of the United States established under section 598 
of title 5, United States Code, the personnel, property, unexpended 
balances of appropriations, allocations, and other funds employed and 
held by the Office of Personnel Management and relating to the 
administrative law function administered by the Office of Personnel 
Management. Appropriations, authorizations, allocations, and other 
funds paid or transferred by agencies to the 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. 5. OPERATION OF THE CONFERENCE.

    Operation of the Administrative Law Judge Conference of the United 
States established under section 598 of title 5, United States Code, 
shall commence on the date the first chief judge of the Conference 
takes office under section 599 of such title.

SEC. 6. 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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