[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4932 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4932

      To amend the Social Security Act to establish an Office of 
    Administrative Law Judges in the Social Security Administration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2002

  Mr. Gekas introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
      To amend the Social Security Act to establish an Office of 
    Administrative Law Judges in the Social Security Administration.

    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 Process 
Enhancement Act of 2002''.

SEC. 2. SOCIAL SECURITY ADMINISTRATION OFFICE OF ADMINISTRATIVE LAW 
              JUDGES.

    Title VII of the Social Security Act is amended by inserting after 
section 705 (42 U.S.C. 906) the following new section:

                 ``office of administrative law judges

    ``Sec.  706. (a)(1) An Office of Administrative Law Judges 
(hereinafter in this section referred to as the `Office') is 
established in the Social Security Administration. Adjudication 
functions in the Social Security Administration relating to hearings 
before an administrative law judge shall be conducted in the Office.
    ``(b) The head of the Office shall be the Chief Administrative Law 
Judge, who shall report directly to the Commissioner.
    ``(c) The Chief Administrative Law Judge shall be responsible for 
taking personnel actions regarding administrative law judges, including 
assignment and removal of such judges, in accordance with the 
provisions of sections 1305, 3105, 3344, 4301(2)(E), 5335(a)(B), 5372, 
and 7521 of title 5, United States Code.
    ``(d)(1) The Chief Administrative Law Judge shall be appointed by 
the Commissioner for a term of 6 years and may be reappointed for a 
second term. The Chief Administrative Law Judge may serve until the 
appointment of a qualified successor. To be eligible for appointment as 
Chief Administrative Law Judge, an individual shall have expertise in 
administrative law and have completed not less than 5 years of 
employment as an administrative law judge in the Social Security 
Administration.
    ``(2) The Chief Administrative Law Judge may be removed by the 
Commissioner as provided in section 7521 of title 5, United States 
Code, for inefficiency, ineligibility, neglect of duty, malfeasance in 
office, or nonfeasance in office, and for no other cause. Removal from 
the position of Chief Administrative Law Judge shall not be considered 
removal as an administrative law judge employed by the Social Security 
Administration.
    ``(3) If the Chief Administrative Law Judge resigns, is removed 
from office, or ceases to act, the Commissioner shall appoint a 
successor to serve the remainder of the term.
    ``(4) At the end of the term of service as Chief Administrative Law 
Judge, the Chief Administrative Law Judge may return to employment as 
an administrative law judge employed by the Social Security 
Administration.
    ``(5) The Commissioner shall initially appoint an administrative 
law judge to fill the position of Chief Administrative Law Judge under 
this section not later than 6 months after the date of the enactment of 
this section.
    ``(6) Until the Chief Administrative Law Judge is appointed 
pursuant to this section, the incumbent Chief Administrative Law Judge 
may serve until his or her successor is appointed.
    ``(e) The Chief Administrative Judge shall be compensated at the 
rate of AL-1 as provided in section 5372(b)(1) of title 5, United 
States Code.
    ``(f) The Commissioner, through separate accounting, shall provide 
the Office and its personnel with necessary office facilities, 
supplies, support services, and related expenses to carry out the 
functions of the Office. For fiscal years after fiscal year 2003, the 
budget for the Office shall be submitted separately from the other 
budget categories of the Social Security Administration.
    ``(g) The Commissioner shall appoint as many administrative law 
judges as are necessary to carry out administrative law judge 
proceedings required to be conducted by the Social Security 
Administration in accordance with the provisions of section 3105 of 
such title 5.''.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendment made by this Act shall take effect on 
the date that is 180 days after the date of the enactment of this Act.
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