I

103D CONGRESS

1ST SESSION H. R. 2586

To reorganize the Federal administrative law judiciary, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 1, 1993

Mr. GLICKMAN (for himself, Mr. GEKAS, and Mr. KANJORSKI) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

To reorganize the Federal administrative law judiciary, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Reorganization of the

5 Federal Administrative Judiciary Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) in order to promote efficiency, productivity,

9 the reduction of administrative functions, and to

10 provide economies of scale and better public service
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1 and public trust in the administrative resolution of

2 disputes, Federal administrative law judges should

3 be organized in a unified corps;

4 (2) the dispersal of administrative law judges

5 appointed under section 3105 of title 5, United

6 States Code, in every Federal agency that requires

7 hearings to be conducted by administrative law

8 judges, underutilizes the potential of administrative

9 law judges to serve the public and assist the Federal

10 courts as special masters and finders of fact in spe11 cific instances to help reduce the backlog of cases in

12 Federal courts;

13 (3) the organization of administrative law

14 judges in a corps will best promote their assignment

15 to Federal agency needs as demand requires;

16 (4) a unified administrative law judge corps will

17 better promote the use of information technology in

18 serving the public; and

19 (5) an administrative law judge corps will,

20 through consolidation, eliminate unnecessary offices

21 and reduce travel and other related costs.
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1 SEC. 3. ESTABLISHMENT OF ADMINISTRATIVE LAW JUDGE

2 CORPS.

3 (a) IN GENERAL.—Chapter 5 of title 5, United

4 States Code, is amended by adding at the end thereof the

5 following new subchapter:

6 ‘‘SUBCHAPTER VI—ADMINISTRATIVE LAW

7 JUDGE CORPS

8 ‘‘§ 597. Definitions

9 ‘‘For the purposes of this subchapter—

10 ‘‘(1) ‘agency’ means an authority referred to in

11 section 551(1);

12 ‘‘(2) ‘Corps’ means the Administrative Law

13 Judge Corps of the United States established under

14 section 598;

15 ‘‘(3) ‘administrative law judge’ means an ad16 ministrative law judge appointed under section 3105

17 on or before the effective date of the Reorganization

18 of the Federal Administrative Judiciary Act or

19 under section 599c after such effective date;

20 ‘‘(4) ‘chief judge’ means the chief administra21 tive law judge appointed and serving under section

22 599;

23 ‘‘(5) ‘Council’ means the Council of the Admin24 istrative Law Judge Corps established under section

25 599b;
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1 ‘‘(6) ‘Board’, unless otherwise indicated, means

2 the Complaints Resolution Board established under

3 section 599e; and

4 ‘‘(7) ‘division chief judge’ means the chief ad5 ministrative law judge of a division appointed and

6 serving under section 599a.

7 ‘‘§ 598. Establishment; membership

8 ‘‘(a) ESTABLISHMENT.—There is established an Ad9 ministrative Law Judge Corps consisting of all adminis10 trative law judges, in accordance with the provisions of

11 subsection (b). Such Corps shall be administered in Wash12 ington, D.C.

13 ‘‘(b) MEMBERSHIP.—An administrative law judge

14 serving as such on the date of the commencement of the

15 operation of the Corps shall be transferred to the Corps

16 as of that date. An administrative law judge who is ap17 pointed on or after the date of the commencement of the

18 operation of the Corps shall be a member of the Corps

19 as of the date of such appointment.

20 ‘‘§ 599. Chief administrative law judge

21 ‘‘(a) APPOINTMENT; TERM.—The chief administra22 tive law judge shall be the chief administrative officer of

23 the Corps and shall be the presiding judge of the Corps.

24 The chief judge shall be appointed by the President, by

25 and with the advice and consent of the Senate. The chief
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1 judge shall be an administrative law judge who has served

2 as an administrative law judge for at least five years pre3 ceding the date of appointment as chief judge. The chief

4 judge shall serve for a term of five years or until a succes5 sor is appointed and qualifies to serve, whichever is earlier.

6 A chief judge may be reappointed upon the expiration of

7 his or her term, by and with the advice and consent of

8 the Senate.

9 ‘‘(b) VACANCIES.—(1) If the office of chief judge is

10 vacant, the division chief judge who is senior in length of

11 service as a member of the Council shall serve as acting

12 chief judge until such vacancy is filled.

13 ‘‘(2) If 2 or more division chief judges have the same

14 length of service as members of the Council, the division

15 chief judge who is senior in length of service as an admin16 istrative law judge shall serve as such acting chief judge.

17 ‘‘(c) SPECIAL FUNCTIONS OF CHIEF JUDGE.—(1) In

18 addition to other duties conferred on the chief judge, the

19 chief judge shall be responsible for developing programs

20 and practices, in coordination with agencies using admin21 istrative law judges, which foster economy and efficiency

22 in the processing of cases heard by administrative law

23 judges. These programs and practices shall include, but

24 not be limited to—
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1 ‘‘(A) training of judges in more than one sub2 ject area;

3 ‘‘(B) employment of computers and software

4 and other information technology for automated de5 cision preparation, case docketing, and research;

6 ‘‘(C) consolidating hearing facilities and law li7 braries; and

8 ‘‘(D) programs and practices to foster overall

9 efficient use of staff, personnel, equipment, and fa10 cilities.

11 ‘‘(2) In order to minimize costs—

12 ‘‘(A) all administrative law judges and support

13 personnel shall, for at least 1 year after the date of

14 the commencement of the operation of the Corps,

15 continue to use the office space and facilities, at the

16 agencies using such judges and personnel, available

17 before such date, and

18 ‘‘(B) the chief judge shall phase in transfers of

19 administrative law judges and support personnel to

20 other facilities so that the cost of providing facilities

21 for the Corps shall not exceed the cost of maintain22 ing such judges and personnel in equivalent space

23 available at agencies using the Corps.

24 ‘‘(d) REPORTS.—The chief judge shall, within 90

25 days after the end of each fiscal year, make a written re-
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1 port to the President and the Congress concerning the

2 business of the Corps during the preceding fiscal year. The

3 report shall include information and recommendations of

4 the Council concerning the future personnel requirements

5 of the Corps.

6 ‘‘(e) SERVICE AFTER TERM EXPIRES.—After serving

7 as chief judge, an individual may continue to serve as an

8 administrative law judge unless such individual has been

9 removed from office in accordance with section 599c.

10 ‘‘§ 599a. Divisions of the Corps; division chief judges

11 ‘‘(a) ASSIGNMENT TO DIVISIONS.—Each judge of the

12 Corps shall be assigned to a division by the Council, pur13 suant to section 599b. The assignment of a judge who was

14 an administrative law judge on the date of commencement

15 of the operation of the Corps shall be made after consider16 ation of the areas of specialization in which the judge has

17 served. Each division shall be headed by a division chief

18 judge who shall exercise administrative supervision over

19 such division.

20 ‘‘(b) DIVISIONS.—The divisions of the Corps shall be

21 as follows:

22 ‘‘(1) Division of Communications, Public Util23 ity, and Transportation Regulation.

24 ‘‘(2) Division of Safety and Environmental Reg25 ulation.
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1 ‘‘(3) Division of Labor.

2 ‘‘(4) Division of Labor Relations.

3 ‘‘(5) Division of Health and Benefits Programs.

4 ‘‘(6) Division of Securities, Commodities, and

5 Trade Regulation.

6 ‘‘(7) Division of General Programs.

7 ‘‘(8) Division of Financial Services Institutions.

8 ‘‘(c) APPOINTMENT OF DIVISION CHIEF JUDGES.—

9 (1) The division chief judge of each division set forth in

10 subsection (b) shall be appointed by the President, by and

11 with the advice and consent of the Senate.

12 ‘‘(2) To be eligible for appointment as a division chief

13 judge, an individual shall have served as an administrative

14 law judge for at least 5 years and should possess experi15 ence and expertise in the specialty of the division to which

16 such person is an appointee.

17 ‘‘(3) Division chief judges shall be appointed for 5-

18 year terms, except that of those division chief judges first

19 appointed, the President shall designate 2 such individuals

20 to be appointed for 5-year terms, 3 for 4-year terms, and

21 2 for 3-year terms.

22 ‘‘(4) Any division chief judge appointed to fill an

23 unexpired term shall be appointed only for the remainder

24 of such predecessor’s term, but may be reappointed as pro25 vided in paragraph (5).
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1 ‘‘(5) Any division chief judge may be reappointed

2 upon the expiration of his or her term.

3 ‘‘(6) Any judge, after serving as division chief judge,

4 may continue to serve as an administrative law judge un5 less such individual has been removed from office in ac6 cordance with section 599e.

7 ‘‘§ 599b. Council of the Corps

8 ‘‘(a) IN GENERAL.—The policymaking body of the

9 Corps shall be the Council of the Corps. The chief judge

10 and the division chief judges shall constitute the Council.

11 The chief judge shall preside over the Council. If the chief

12 judge is unable to be present at a meeting of the Council,

13 the division chief judge who is senior in length of service

14 as a member of such Council shall preside at the meeting.

15 ‘‘(b) QUORUM; VOTING.—One half of all of the mem16 bers of the Council shall constitute a quorum for the pur17 pose of transacting business. The affirmative vote by a

18 majority of all the members of the Council shall be re19 quired to approve a matter on behalf of the Council. Each

20 member of the Council shall have one vote.

21 ‘‘(c) MEETINGS.—Meetings of the Council shall be

22 held at least once a month at the call of the chief judge

23 or by the call of one-third or more of the members of the

24 Council.

25 ‘‘(d) POWERS.—The Council is authorized—
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1 ‘‘(1) to assign judges to divisions and transfer

2 or reassign judges from one division to another, sub3 ject to the provisions of section 599c;

4 ‘‘(2) to appoint persons as administrative law

5 judges under section 599c;

6 ‘‘(3) to file charges seeking adverse action

7 against an administrative law judge under section

8 599e;

9 ‘‘(4) subject to the provisions of subsection (e),

10 to prescribe, after providing an opportunity for no11 tice and comment, the rules of practice and proce12 dure for the conduct of proceedings before the

13 Corps, except that, with respect to a category of pro14 ceedings adjudicated by an agency before the effec15 tive date of the Reorganization of the Federal Ad16 ministrative Judiciary Act, the Council may not

17 amend or revise the rules of practice and procedure

18 prescribed by that agency during the two years fol19 lowing such effective date without the approval of

20 that agency, and any amendments or revisions made

21 to such rules shall not affect or be applied to any

22 pending action;

23 ‘‘(5) to issue such rules and regulations as may

24 be appropriate for the efficient conduct of the busi25 ness of the Corps and the implementation of this
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1 subchapter, including the assignment of cases to ad2 ministrative law judges;

3 ‘‘(6) subject to the civil service and classifica4 tion laws and regulations—

5 ‘‘(A) to select, appoint, employ, and fix the

6 compensation of the employees (other than ad7 ministrative law judges) that the Council deems

8 necessary to carry out the functions, powers,

9 and duties of the Corps; and

10 ‘‘(B) to prescribe the authority and duties

11 of such employees;

12 ‘‘(7) to establish, abolish, alter, consolidate, and

13 maintain such regional, district, and other field of14 fices as are necessary to carry out the functions,

15 powers, and duties of the Corps and to assign and

16 reassign employees to such field offices;

17 ‘‘(8) to procure temporary and intermittent

18 services under section 3109;

19 ‘‘(9) to enter into, to the extent or in such

20 amounts as are authorized in appropriation Acts,

21 without regard to section 3709 of the Revised Stat22 utes of the United States (41 U.S.C. 5), contracts,

23 leases, cooperative agreements, or other transactions

24 that may be necessary to conduct the business of the

25 Corps;
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1 ‘‘(10) to delegate any of the chief judge’s func2 tions or powers with the consent of the chief judge,

3 or whenever the office of such chief judge is vacant,

4 to one or more division chief judges or other employ5 ees of the Corps, and to authorize the redelegation

6 of any of those functions or powers;

7 ‘‘(11) to establish, after consulting with an

8 agency, initial and continuing educational programs

9 to assure that each administrative law judge as10 signed to hear cases of that agency has the nec11 essary training in the specialized field of law of that

12 agency;

13 ‘‘(12) to make suitable arrangements for con14 tinuing education and training of other employees of

15 the Corps, so that the level of expertise in the divi16 sions of the Corps will be maintained and enhanced;

17 and

18 ‘‘(13) to determine all other matters of general

19 policy of the Corps.

20 ‘‘(e) OFFICIAL SEAL.—The Council shall select an of21 ficial seal for the Corps which shall be judicially noticed.

22 ‘‘§ 599c. Appointment and transfer of administrative

23 law judges

24 ‘‘(a) APPOINTMENT.—After the initial establishment

25 of the Corps, the Council shall appoint new or additional
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1 judges as may be necessary for the efficient and expedi2 tious conduct of the business of the Corps. Appointments

3 shall be made from a register maintained by the Office

4 of Personnel Management under subchapter I of chapter

5 33 of this title. Upon request by the chief judge, the Office

6 of Personnel Management shall certify enough names from

7 the top of such register to enable the Council to consider

8 five names for each vacancy. Notwithstanding section

9 3318, a vacancy in the Corps may be filled from the high10 est five eligible individuals available for appointment on

11 the certificate furnished by the Office of Personnel Man12 agement.

13 ‘‘(b) LIMITATION ON JUDGE’S DUTIES.—A judge of

14 the Corps may not perform or be assigned to perform du15 ties inconsistent with the duties and responsibilities of an

16 administrative law judge.

17 ‘‘(c) REASSIGNMENTS; DETAILS.—A judge or staff

18 member of the Corps on the date of commencement of the

19 operation of the Corps, and all new judges and staff mem20 bers appointed by the Council, may not thereafter be invol21 untarily reassigned to a new permanent duty station if

22 such station is beyond the commuting area of the duty

23 station which is the judge’s permanent duty station on

24 that date. A judge or staff member of the Corps may be

25 temporarily detailed, once in a 24-month period, to a new
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1 duty station at any location, for a period of not more than

2 120 days.

3 ‘‘§ 599d. Jurisdiction

4 ‘‘(a) IN GENERAL.—Any case, claim, action, or pro5 ceeding authorized to be heard before an administrative

6 law judge on the day before the effective date of the Reor7 ganization of the Federal Administrative Judiciary Act

8 shall, on or after such date, be referred to the Corps for

9 adjudication on the record after an opportunity for a hear10 ing.

11 ‘‘(b) TYPES OF CASES.—An administrative law judge

12 who is a member of the Corps shall hear and render a

13 decision upon—

14 ‘‘(1) every case of adjudication subject to the

15 provisions of section 553, 554, or 556;

16 ‘‘(2) every case in which hearings are required

17 by law to be held in accordance with sections 553,

18 554, or section 556;

19 ‘‘(3) every other case referred to the Corps by

20 an agency in which a determination is to be made

21 on the record after an opportunity for a hearing;

22 and

23 ‘‘(4) every case referred to the Corps by a court

24 for an administrative law judge to act as a special

25 master or to otherwise making findings of fact on
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1 behalf of the referring court, which shall continue to

2 have exclusive and undiminished jurisdiction over

3 the case.

4 ‘‘(c) REFERRAL OF CASES.—When a case under sub5 section (b) arises, it shall be referred to the Corps. Under

6 regulations issued by the Council, the case shall be as7 signed to a division. The appropriate division chief shall

8 assign cases to judges, taking into consideration speciali9 zation, training, workload, and conflicts of interest.

10 ‘‘(d) REFERRALS BY AGENCIES AND COURTS.—

11 Agencies are authorized to refer any appropriate case to

12 the Corps. Courts are authorized to refer, subject to the

13 approval of the majority of the Council, those cases in

14 which they seek an administrative law judge either to act

15 as a special master pursuant to the provisions of Rule

16 53(a) of the Federal Rules of Procedure or otherwise seek

17 an administrative law judge to make findings of fact in

18 a case on behalf of the referring court, which shall con19 tinue to have exclusive and undiminished jurisdiction over

20 the case.

21 ‘‘(e) SATISFACTION OF OTHER PROCEDURAL RE22 QUIREMENTS.—Compliance with this subchapter shall sat23 isfy all requirements imposed under section 916 of the Fi24 nancial Institutions Reform, Recovery, and Enforcement

25 Act of 1989.
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1 ‘‘§ 599e. Removal and discipline

2 ‘‘(a) Except as provided in subsection (b)—

3 ‘‘(1) an administrative law judge may not be re4 moved, suspended, reprimanded, or disciplined ex5 cept for misconduct or neglect of duty, but may be

6 removed for physical or mental disability (consistent

7 with prohibitions on discrimination otherwise im8 posed by law); and

9 ‘‘(2) an action specified in paragraph (1) of this

10 subsection may be taken against an administrative

11 law judge only after the Council has filed with the

12 Merit Systems Protection Board a notice of adverse

13 action against the administrative law judge and the

14 Merit Systems Protection Board has determined, on

15 the record after an opportunity for a hearing before

16 the Board, that there is good cause to take such ac17 tion.

18 ‘‘(b) Subsection (a) does not apply to an action initi19 ated under section 1215.

20 ‘‘(c) COMPLAINTS RESOLUTION BOARD.—Under reg21 ulations issued by the Council, a Complaints Resolution

22 Board shall be established within the Corps to consider

23 and to recommend appropriate action to be taken when

24 a complaint is made concerning the official conduct of a

25 judge of the Corps. Such complaint may be made by any
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1 interested person, including parties, practitioners, the

2 chief judge, and agencies.

3 ‘‘(d) COMPOSITION OF THE BOARD.—The Board

4 shall consist of 2 judges from each division of the Corps,

5 who shall be appointed by the Council. The chief judge

6 and the division chief judges may not serve on the Board.

7 ‘‘(e) PROCEDURAL REQUIREMENTS.—A complaint of

8 misconduct by an administrative law judge shall be made

9 in writing. The complaint shall be filed with the chief

10 judge, or it may be originated by the chief judge on his

11 own motion. The chief judge shall refer the complaint to

12 a panel consisting of three members of the Board selected

13 by the Council, none of whom may be serving in the same

14 division as the administrative law judge who is the subject

15 of the complaint. The administrative law judge who is the

16 subject of the complaint shall be given notice of the com17 plaint and the composition of the panel. The administra18 tive law judge may challenge peremptorily not more than

19 two members of the panel. The Council shall replace a

20 challenged member with another member of the Board

21 who is eligible to serve on such panel.

22 ‘‘(f) INQUIRY AND REPORT BY PANEL.—The panel

23 shall inquire into the complaint and shall render a report

24 thereon to the Council. A copy of the report shall be pro25 vided concurrently to the administrative law judge who is
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1 the subject of the complaint. The report shall be advisory

2 only.

3 ‘‘(g) CONFIDENTIALITY.—The proceedings, delibera4 tions, and reports of the Board and the contents of com5 plaints under this section shall be treated as privileged and

6 confidential. Documents considered by the Board and re7 ports of the Board under this section are exempt from dis8 closure or publication under section 552. Section 552b

9 does not apply to the Board.’’.

10 (b) CONFORMING AMENDMENT.—The table of sec11 tions for chapter 5 of title 5, United States Code, is

12 amended by adding at the end thereof the following:

13 ‘‘SUBCHAPTER VI—ADMINISTRATIVE LAW

14 JUDGE CORPS

‘‘Sec.

‘‘597. Definitions.

‘‘598. Establishment; membership.

‘‘599. Chief administrative law judge.

‘‘599a. Divisions of the Corps; division chief judges.

‘‘599b. Council of the Corps.

‘‘599c. Appointment and transfer of administrative law judges.

‘‘599d. Jurisdiction.

‘‘599e. Removal and discipline.’’.

15 SEC. 4. AGENCY REVIEW STUDY AND REPORT.

16 (a) STUDY.—The chief administrative law judge of

17 the Administrative Law Judge Corps of the United States

18 shall conduct a study of the various types and levels of

19 agency review to which decisions of administrative law

20 judges are subject. A separate study shall be conducted

21 for each division of the Corps. The studies shall include
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1 monitoring and evaluating data and shall be conducted in

2 consultation with the division chief judges, the Chairman

3 of the Administrative Conference of the United States,

4 and the agencies that review the decisions of administra5 tive law judges.

6 (b) REPORT.—(1) Not later than two years after the

7 effective date of this Act, the Council shall report to the

8 President and the Congress on the findings and rec9 ommendations resulting from the studies conducted under

10 subsection (a).

11 (2) The report under paragraph (1) shall include rec12 ommendations, including recommendations for new legis13 lation, for any reforms that may be appropriate to make

14 review of administrative law judges’ decisions more effi15 cient and meaningful and to accord greater finality to such

16 decisions, except that all decisions subject, before the ef17 fective date of this Act, to review pursuant to section

18 205(g) of the Social Security Act (42 U.S.C. 405(g)) shall

19 continue to be subject to such review pursuant to such

20 section.

21 (3) The report under paragraph (1) shall also include

22 recommendations for using staff more efficiently to de23 crease backlogs, especially in the area of social security

24 disability cases.
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1 SEC. 5. TRANSITION AND SAVINGS PROVISIONS.

2 (a) TRANSFER OF FUNCTIONS.—There are trans3 ferred to the administrative law judges of the Administra4 tive Law Judge Corps established by section 598 of title

5 5, United States Code (as added by section 3 of this Act),

6 all functions authorized to be performed on the day before

7 the effective date of this Act by the administrative law

8 judges appointed under section 3105 of such title before

9 the effective date of this Act.

10 (b) USE OF AGENCY FACILITIES AND PERSONNEL.—

11 With the consent of the agencies concerned, the Adminis12 trative Law Judge Corps of the United States may use

13 the facilities and the services of officers, employees, and

14 other personnel of agencies from which functions and du15 ties are transferred to the Corps for so long as may be

16 needed to facilitate the orderly transfer of those functions

17 and duties under this Act.

18 (c) INCIDENTAL TRANSFERS.—The personnel, assets,

19 liabilities, contracts, property, records, and unexpended

20 balances of appropriations, authorizations, allocations,

21 and other funds employed, held, used, arising from, avail22 able or to be made available, in connection with the func23 tions transferred by this Act, are, subject to section 1531

24 of title 31, United States Code, transferred to the Corps

25 for appropriate allocation.
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1 (d) PAY OF TRANSFERRED PERSONNEL.—The trans2 fer of personnel pursuant to subsection (b) or (c) shall

3 be without reduction in pay or classification for 5 years

4 after such transfer.

5 (e) AUTHORITIES OF DIRECTOR OF OMB.—The Di6 rector of the Office of Management and Budget, at such

7 time or times as the Director shall provide, may make

8 such determinations as may be necessary with regard to

9 the functions transferred by this Act, and to make such

10 additional incidental dispositions of personnel, assets, li11 abilities, grants, contracts, property, records, and unex12 pended balances of appropriations, authorizations, alloca13 tions, and other funds held, used, arising from, available

14 to, or to be made available in connection with such func15 tions, as may be necessary to carry out the provisions of

16 this Act.

17 (f) CONTINUED EFFECTIVENESS OF PRIOR AC18 TIONS.—All orders, determinations, rules, regulations,

19 certificates, licenses, and privileges which have been is20 sued, made, granted, or allowed to become effective in the

21 exercise of any duties, powers, or functions which are

22 transferred under this Act and are in effect at the time

23 this Act becomes effective shall continue in effect accord24 ing to their terms until modified, terminated, superseded,

25 set aside, or repealed by the Administrative Law Judge
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1 Corps of the United States or a judge thereof in the exer2 cise of authority vested in the Corps or its members by

3 this Act, by a court of competent jurisdiction, or by oper4 ation of law.

5 (g) PENDING PROCEEDINGS.—(1) Except as pro6 vided in subsections (d)(5) and (e) of section 599b of title

7 5, United States Code, this Act shall not affect any pro8 ceeding before any department or agency or component

9 thereof which is pending at the time this Act takes effect.

10 Such a proceeding shall be continued before the Adminis11 trative Law Judge Corps of the United States or a judge

12 thereof, or, to the extent the proceeding does not relate

13 to functions so transferred, shall be continued before the

14 agency in which it was pending on the effective date of

15 this Act.

16 (2) No suit, action, or other proceeding commenced

17 before the effective date of this Act shall abate by reason

18 of the enactment of this Act.

19 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated such sums

21 as may be necessary to carry out the provisions of this

22 Act and subchapter VI of title 5, United States Code (as

23 added by section 3 of this Act).
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1 SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.

2 (a) TITLE 5, UNITED STATES CODE.—Title 5, Unit3 ed States Code, is amended as follows:

4 (1) Section 593(b) is amended—

5 (A) by redesignating paragraphs (4), (5),

6 and (6) as paragraphs (5), (6), and (7), respec7 tively, and

8 (B) by inserting the following after para9 graph (3):

10 ‘‘(4) the chief administrative law judge of the

11 Administrative Law Judge Corps of the United

12 States;’’.

13 (2) Section 3105 is amended to read as follows:

14 ‘‘§ 3105. Appointment of administrative law judges

15 ‘‘Administrative law judges shall be appointed by the

16 Council of the Administrative Law Judge Corps pursuant

17 to sections 596 and 599c of this title.’’.

18 (3) Section 3344, and the item relating to sec19 tion 3344 in the table of sections for chapter 33, are

20 repealed.

21 (4) Subchapter III of chapter 75, and the items

22 relating to subchapter III and section 7521 in the

23 table of sections at the beginning of chapter 75, are

24 repealed.

25 (5) Section 559 is amended—
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1 (A) in the first sentence by striking ‘‘chap2 ter 7’’ and all that follows through ‘‘7521’’ and

3 inserting ‘‘subchapter VI of this chapter, chap4 ter 7, and sections 1305, 3105, 4301(2)(E),

5 and 5372’’; and

6 (B) in the last sentence by striking ‘‘chap7 ter 7’’ and all that follows through ‘‘7521’’ and

8 inserting ‘‘subchapter VI of this chapter, chap9 ter 7, section 1305, 3105, 4301(2)(E), or

10 5372’’.

11 (6) Section 1305 is amended—

12 (A) by striking ‘‘section 3105, 3344,’’ and

13 inserting ‘‘sections 3105,’’; and

14 (B) by striking ‘‘, and for the purpose of

15 section 7521 of this title, the Merit Systems

16 Protection Board may’’.

17 (7) Section 5514(a)(2) is amended in the fourth

18 sentence by striking ‘‘, except that’’ and all that fol19 lows through ‘‘administrative law judge’’.

20 (8) Section 7105 is amended—

21 (A) in subsection (d) by striking ‘‘, admin22 istrative law judges under section 3105 of this

23 title,’’; and
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1 (B) in subsection (e)(2) by striking ‘‘under

2 subsection (d) of this section’’ and inserting

3 ‘‘under section 3105 of this title’’.

4 (9) Section 7132(a) is amended by striking

5 ‘‘appointed by the Authority under section 3105 of

6 this title’’ and inserting ‘‘appointed under section

7 3105 of this title who is conducting hearings under

8 this chapter’’.

9 (10) Section 7502 is amended by striking

10 ‘‘7521 or’’.

11 (11) Section 7512(E) is amended by striking

12 ‘‘or 7521’’.

13 (b) OTHER PROVISIONS OF LAW.—

14 (1) Section 6(c) of the Commodity Exchange

15 Act is amended—

16 (A) in the second sentence (7 U.S.C. 9)—

17 (i) by striking ‘‘Administrative Law

18 Judge designated by the Commission’’ and

19 inserting ‘‘administrative law judge of the

20 Administrative Law Judge Corps’’; and

21 (ii) by striking ‘‘Administrative Law

22 Judge’’ and inserting ‘‘administrative law

23 judge’’; and

24 (B) by striking ‘‘Administrative Law

25 Judge’’ each subsequent place it appears (7
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1 U.S.C. 15) and inserting ‘‘administrative law

2 judge of the Administrative Law Judge Corps’’.

3 (2) Section 12(b) of the Commodity Exchange

4 Act (7 U.S.C. 16(b)) is amended by striking ‘‘Ad5 ministrative Law Judges,’’.

6 (3) Section 274B(e)(2) of the Immigration and

7 Nationality Act (8 U.S.C. 1324b(e)(2)) is amended

8 by striking ‘‘are specially designated by the Attorney

9 General as having’’ and inserting ‘‘have’’.

10 (4) Section 1416(a) of the Interstate Land

11 Sales Full Disclosure Act (15 U.S.C. 1715(a)) is

12 amended—

13 (A) in the first sentence by inserting ‘‘,

14 subject to section 599d of title 5, United States

15 Code,’’ after ‘‘who may’’;

16 (B) by striking the second sentence; and

17 (C) in the third sentence by striking ‘‘his

18 administrative law judges to other administra19 tive law judges or’’ and inserting ‘‘administra20 tive law judges carrying out functions under

21 this title’’.

22 (5) Section 488A(b) of the Higher Education

23 Act of 1965 (20 U.S.C. 1095a(b)) is amended in the

24 third sentence by striking ‘‘except that’’ and all that

25 follows through ‘‘administrative law judge’’.
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1 (6) Section 509(1) of title 28, United States

2 Code, is amended—

3 (A) by striking ‘‘subchapter II’’ and insert4 ing ‘‘subchapters II and VI’’; and

5 (B) by striking ‘‘employed by the Depart6 ment of Justice’’.

7 (7) Section 12 of the Occupational Safety and

8 Health Act of 1970 (29 U.S.C. 661) is amended—

9 (A) in subsection (e)—

10 (i) by striking ‘‘administrative law

11 judges and other’’; and

12 (ii) by striking ‘‘: Provided’’ and all

13 that follows through the end of the sub14 section and inserting a period;

15 (B) in subsection (j) in the first sentence

16 by striking ‘‘A’’ and all that follows through

17 ‘‘Commission,’’ and inserting ‘‘An administra18 tive law judge to whom is assigned any proceed19 ing instituted before the Commission shall hear

20 and make a determination upon the proceeding

21 and any motion in connection with such pro22 ceeding,’’; and

23 (C) by striking subsection (k).

24 (8) Section 502(e)(1) of the Rehabilitation Act

25 of 1973 (29 U.S.C. 792(e)(1)) is amended by strik-
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1 ing the second and third sentences and inserting the

2 following: ‘‘Proceedings required to be conducted

3 under this section shall be presided over by adminis4 trative law judges appointed under subchapter VI of

5 chapter 5 of title 5, United States Code.’’.

6 (9) Section 166 of the Job Training Partner7 ship Act (29 U.S.C. 1576(a)) is amended in the first

8 sentence by striking ‘‘of the Department of Labor’’.

9 (10) Section 5(e) of the Federal Mine Safety

10 and Health Act of 1977 (30 U.S.C. 804(e)) is

11 amended to read as follows:

12 ‘‘(e) Proceedings required to be conducted in accord13 ance with the provisions of this Act shall be presided over

14 by administrative law judges appointed under subchapter

15 VI of chapter 5 of title 5, United States Code.’’.

16 (11) Section 113 of the Federal Mine Safety

17 and Health Act of 1977 (30 U.S.C. 823) is amend18 ed—

19 (A) in subsection (b)(2) by striking all that

20 follows the second sentence;

21 (B) in subsection (d)(1) in the first sen22 tence by striking ‘‘appointed by the Commis23 sion’’ and all that follows through ‘‘by the Com24 mission,’’ and inserting ‘‘to whom is assigned

25 any proceeding instituted before the Commis-
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1 sion shall hear and make a determination upon

2 the proceeding and any motion in connection

3 with the proceeding,’’; and

4 (C) in subsection (e) in the first sentence

5 by striking ‘‘its’’ each place it appears.

6 (12) Section 428(b) of the Black Lung Benefits

7 Act (30 U.S.C. 938(b)) is amended by striking the

8 seventh sentence.

9 (13) Section 321(c)(1) of title 31, United

10 States Code, is amended—

11 (A) by striking ‘‘subchapter II’’ and insert12 ing ‘‘subchapters II and VI’’; and

13 (B) by striking ‘‘employed by the Sec14 retary’’.

15 (14) Section 3801(a)(7)(A) of title 31, United

16 States Code, is amended by striking ‘‘appointed in

17 the authority’’ and all that follows through ‘‘such

18 title;’’ and inserting ‘‘of the Administrative Law

19 Judge Corps;’’.

20 (15) Section 19(d) of the Longshore and Har21 bor Workers’ Compensation Act (33 U.S.C. 919(d))

22 is amended by amending the second sentence to read

23 as follows: ‘‘Any such hearing shall be conducted by

24 an administrative law judge qualified under sub25 chapter VI of chapter 5 of that title.’’.
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1 (16) Section 21(b)(5) of the Longshore and

2 Harbor Workers’ Compensation Act (33 U.S.C.

3 921(b)(5)) is amended by striking the first sentence.

4 (17) Section 7101(b)(2)(B) of title 38, United

5 States Code, is amended by striking ‘‘7521’’ and in6 serting ‘‘599e’’.

7 (18) Section 8(b)(1) of the Contract Disputes

8 Act of 1978 (41 U.S.C. 607(b)(1)) is amended in

9 the first sentence by striking ‘‘hearing examiners ap10 pointed pursuant to section 3105 of title 5, United

11 States Code’’ and inserting ‘‘administrative law

12 judges appointed under section 3105 of title 5, Unit13 ed States Code (as in effect on the day before the

14 effective date of the Reorganization of the Federal

15 Administrative Judiciary Act)’’.

16 (19) Section 705(a) of the Civil Rights Act of

17 1964 (42 U.S.C. 2000e–4(a)) is amended—

18 (A) by striking ‘‘administrative law

19 judges,’’; and

20 (B) by striking ‘‘: Provided’’ and all that

21 follows through the end of the subsection and

22 inserting a period.

23 (20) Section 808(c) of the Act of April 11,

24 1968 (42 U.S.C. 3608(c)), is amended—
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1 (A) in the first sentence by inserting ‘‘,

2 subject to section 599d of title 5, United States

3 Code,’’ after ‘‘The Secretary may’’;

4 (B) by striking the second sentence; and

5 (C) in the last sentence by striking ‘‘his

6 hearing examiners to other hearing examiners

7 or’’ and inserting ‘‘administrative law judges

8 carrying out functions under this title’’.

9 (21) Section 806 of the Omnibus Crime Control

10 and Safe Streets Act of 1968 (42 U.S.C. 3787) is

11 amended—

12 (A) in the first sentence by striking ‘‘ap13 point such hearing examiners’’ and all that fol14 lows through ‘‘United States Code,’’ and insert15 ing ‘‘, subject to section 599d of title 5, United

16 States Code, request the use of such adminis17 trative law judges’’; and

18 (B) in the second sentence by striking

19 ‘‘hearing examiner or administrative law judge

20 assigned to or employed thereby’’ and inserting

21 ‘‘such administrative law judge’’.

22 (22) Section 401(c) of the Department of En23 ergy Organization Act (42 U.S.C. 7171(c)) is

24 amended by striking ‘‘appointment and employment

25 of hearing examiners in accordance with the provi-
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1 sions of title 5,’’ and inserting ‘‘referral of cases to

2 the Administrative Law Judge Corps in accordance

3 with subchapter VI of chapter 5 of title 5,’’.

4 (23) Section 303(c)(3) of the Independent Safe5 ty Board Act of 1974 (49 U.S.C. App. 1902(c)(3))

6 is amended by striking ‘‘, attorneys, and administra7 tive law judges’’ and inserting ‘‘and attorneys’’.

8 (24) Section 304(b)(1) of the Independent

9 Safety Board Act of 1974 (49 U.S.C. App.

10 1903(b)(1)) is amended in the first sentence by

11 striking ‘‘employed by or’’.

12 (c) REFERENCES IN OTHER LAWS.—Reference in

13 any other Federal law to an administrative law judge or

14 hearing examiner or to an administrative law judge, hear15 ing examiner, or employee appointed under section 3105

16 of title 5, United States Code, shall be deemed to refer

17 to an administrative law judge of the Administrative Law

18 Judge Corps established by section 598 of title 5, United

19 States Code.

20 SEC. 8. OPERATION OF THE CORPS.

21 Operation of the Corps shall commence on the date

22 the first chief administrative law judge of the Corps takes

23 office.
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1 SEC. 9. CONTRACT DISPUTES ACT.

2 Nothing in this Act or the amendments made by this

3 Act shall be deemed to affect any agency board established

4 pursuant to the Contract Disputes Act (41 U.S.C. 601

5 and following), or any other person designated to resolve

6 claims or disputes pursuant to such Act.

7 SEC. 10. EFFECTIVE DATE.

8 Except as otherwise provided, this Act and the

9 amendments made by this Act shall take effect 120 days

10 after the date of the enactment of this Act.

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