[Congressional Record Volume 144, Number 67 (Friday, May 22, 1998)]
[Extensions of Remarks]
[Page E974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ESTABLISH THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED STATES

                                 ______
                                 

                          HON. GEORGE W. GEKAS

                            of pennsylvania

                    in the house of representatives

                          Friday, May 22, 1998

  Mr. GEKAS. Mr. Speaker, today I introduced an important bill, ``The 
Administrative Law Judge Conference of the United States Act'', that 
reforms the administrative judiciary of the United States by 
establishing an administrative office for the 1400 Federal 
administrative law judges. The ALJ Conference is modeled upon the 
Judicial Conference of the United States which provides similar 
administrative functions for Federal Article III judges.
  Currently, there is no uniform administrative office for Federal 
administrative law judges which promotes the improvement of the 
administrative law process. The ALJ Conference of the United States 
would enhance the independence of decisionmaking and the quality of 
adjudications in the administrative due process hearing. The American 
public will benefit by the establishment of uniform standards for 
professional conduct of administrative law judges that will be 
government wide in applicability with a government wide complaint 
resolution process for claimants. Public accountability of the 
administrative judiciary will be additionally insured by the 
establishment of a complaint resolutions board which has a public 
member and agency administrative law judges.
  Since the Administrative Procedure Act (A.P.A.) was enacted over 50 
years ago, there has never been any system for independent review of 
agency compliance with the A.P.A. and no process for reporting to the 
Congress on these important public safeguards for fundamental due 
process and the fair hearing process before administrative agencies. 
The ALJ Conference of the United States will provide for regular 
reports to the Congress on agency compliance with the A.P.A. This 
process will greatly assist the Congress in its oversight of agency 
compliance with the A.P.A. and will enhance the ability of the Congress 
to assess the status of individual rights in adjudications before 
Federal agencies. This reform permits the Congress to maintain 
oversight on constitutional safeguards such as the right to an 
impartial and independent decisionmaker, notice and opportunity to 
appear at a prompt hearing, and the receipt of a timely hearing 
decision. These protections are to be accorded to every citizen prior 
to the loss of important rights, property or benefits.
  The ALJ Conference of the United States will assume all duties 
currently performed by the Office of Administrative Law Judges at the 
Office of Personnel Management (OPM). The budget currently used to 
operate this office at OPM will be transferred to the ALJ Conference. 
Agencies will continue to select ALJs but the selection process and ALJ 
register will be managed by the ALJ Conference. The Administrative 
Judiciary of the United States is the only merit selected judiciary and 
the ALJ Conference will maintain the high standards we have come to 
associate with the Federal ALJ Corps.
  Establishment of the ALJ Conference of the United States would 
significantly increase public trust and confidence in the integrity and 
independence of decisionmaking by administrative law judges throughout 
the Federal Government. The current Administration advanced the concept 
of an ALJ administrative office or conference during negotiations over 
legislation to place all administrative law judges in a government wide 
unified corps. Therefore, this effort should be a bipartisan activity 
of the Congress in the interest of good government, and to that end I 
invite my fellow colleagues on both sides of the aisle to join me in 
sponsoring this bill and in making the ALJ Conference a reality this 
year.

                          ____________________