[Congressional Record Volume 154, Number 159 (Wednesday, October 1, 2008)]
[Senate]
[Page S10325]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mr. Pryor):
  S. 3665. A bill to amend chapter 63 of title 5, United States Code, 
to modify the rate of accrual of annual leave for administrative law 
judges, contract appeals board members, and immigration judges; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. AKAKA. Mr. President, today I rise to introduce a bill to enhance 
the annual leave for Administrative Law Judges, Contract Board of 
Appeals Judges, and Immigration Law Judges in the Federal Government. I 
want to thank Senator Pryor for his support of this bill.
  Prior to 2004 Federal employees with less than three years of Federal 
service accrued annual leave at a rate of 4 hours per biweekly pay 
period. Employees with 3 to 15 years of service accrued leave at a rate 
of 6 hours per pay period, and those with over 15 years of service 
accrued leave at a rate of 8 hours.
  As part of the Federal Workforce Flexibility Act of 2004, Congress 
changed the leave accrual rate for new mid-career employees, allowing 
agency heads to deem a period of qualified non-federal career 
experience for an individual an equal period of service performed by 
Federal employee. In addition, the act stated that all senior 
executives and other senior level employees shall accrue annual leave 
at the maximum rate of 8 hours for each bi-weekly pay period.
  In the past, ALJs, CBAJs, IJs and members of the Senior Executive 
Service have been treated similarly. However, the Office of Personnel 
Management is now taking the position that these judges should not 
receive the same leave benefits as members of the SES since they are 
not under a pay for performance system. In addition to my general 
concerns over pay for performance, I believe it is inappropriate for 
ALJs, CBAJs, and IJs to be in such a system as it could threaten their 
independence. In fact, ALJs and CBAJs are not allowed to receive bonus 
awards for this very reason.
  Given the shortage of ALJs to adjudicate social security benefits and 
the need to recruit more immigrations judges, I believe that Congress 
should act to provide these judges with enhanced leave benefits.
  I am pleased that this bill has the support of the Association of 
Administrative Law Judges, the International Federation of Professional 
and Technical Engineers, the National Association of Immigration 
Judges, and the Senior Executives Association.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3665

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ACCRUAL RATE OF ANNUAL LEAVE FOR ADMINISTRATIVE 
                   LAW JUDGES, CONTRACT APPEALS BOARD MEMBERS, AND 
                   IMMIGRATION JUDGES.

       (a) In General.--Section 6303 of title 5, United States 
     Code, is amended by striking subsection (f) and inserting the 
     following:
       ``(f) Notwithstanding any other provision of this section, 
     the rate of accrual of annual leave under subsection (a) 
     shall be 1 day for each full biweekly pay period in the case 
     of any employee who--
       ``(1) holds a position which is subject to--
       ``(A) section 5372, 5372a, 5376, or 5383; or
       ``(B) a pay system equivalent to a pay system to which any 
     provision under paragraph (1) applies, as determined by the 
     Office of Personnel Management; or
       ``(2) is an immigration judge as defined under section 
     101(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1101(b)(4)).''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the first day of the first applicable 
     pay period beginning on or after 30 days after the date of 
     enactment of this Act.
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