[Congressional Record Volume 155, Number 86 (Wednesday, June 10, 2009)]
[Senate]
[Pages S6458-S6459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mr. Pryor):
  S. 1228. 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 introduce the Administrative Judge 
Leave Equity Act, a bill to provide leave equity for Administrative Law 
Judges, ALSs, Contract Board of Appeals Judges, CBAJs, and Immigration 
Law Judges. I am pleased to be joined in this effort by my friend, 
Senator Mark Pryor.
  In 2004, Congress passed the Federal Workforce Flexibility Act, which 
changed the leave accrual rate for mid-

[[Page S6459]]

career employees entering the Federal workforce. Under the Act, agency 
heads were given the discretion to allow workers to qualify a period of 
an employee's non-Federal career experience as a period of Federal 
service. Additionally, the Act stated that all senior executives and 
senior-level employees accrued annual leave at the maximum rate of 
eight hours for each biweekly pay period.
  Although senior executives were placed under a pay-for-performance 
system, administrative law judges accrued leave at the maximum rate, 
the same as other senior-level employees. Under the last 
administration, the Office of Personnel Management denied 
administrative law judges leave equity because they are not under a 
pay-for-performance system. I believe it is inappropriate for 
administrative law judges to be placed under any type of pay-for-
performance system because it could compromise their independence. 
Independent decisionmaking is essential for administrative law judges, 
and is the reason ALJs and CBAJs do not receive bonus awards.
  Currently, there is a shortage of ALJs to adjudicate benefits claims 
in the Social Security Administration. There are approximately 765,000 
cases pending and not enough ALJs to process the backlog. I believe 
this bill will provide the Federal Government with an important tool in 
its efforts to recruit and retain highly-skilled administrative law 
judges.
  I am pleased that this bill enjoys broad support from employee groups 
that represent administrative law judges, including the Association of 
Administrative Law Judges, the Association of Hearing Office Chief 
Judges, the Federal Administrative Law Judges Conference, the Forum of 
U.S. Administrative Law Judges, the International Federation of 
Professional and Technical Engineers, the National Association of 
Immigration Judges, and the Senior Executives Association.
  The time has come to give administrative law judges the same benefits 
as other senior-level employees.
  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. 1228

       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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