I
105TH CONGRESS
2D SESSION
H. R. 3961
To establish the Administrative Law Judge Conference of the United States,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 1998
Mr. GEKAS introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To establish the Administrative Law Judge Conference of
the United States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Administrative Law
Judge Conference of the United States Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) in order to promote efficiency, productivity,
and the improvement of administrative functions, to
enhance public service and public trust in the admin-
istrative resolution of disputes, and to enhance the
enforcement of the administrative law provisions of
title 5, United States Code, the Administrative Law
Judge Conference of the United States should be es-
tablished;
(2) the existing system of permanent agency as-
signments of administrative law judges appointed
under section 3015 of title 5, United States Code,
will be enhanced, by creating the Administrative
Law Judge Conference of the United States and will
serve the public with maximum economy and effi-
ciency;
(3) the Administrative Law Judge Conference
of the United States will enhance legal specialization
of administrative law judges by establishing initial
and continuing education programs, after consulting
with the appropriate agency, to insure that each
such judge has the necessary training in the special-
ized field of law to hear cases assigned by the agen-
cy;
(4) the Administrative Law Judge Conference
of the United States will establish a system of ad-
ministrative law judge professional accountability
and implement a process to protect the public by es-
tablishing procedures to handle allegations of judi-
cial misconduct; and
(5) the Administrative Law Judge Conference
of the United States will effect no change in the
rulemaking, interpretative, or policymaking authority
of an agency which would retain full authority to re-
view and change administrative law judge decisions.
SEC. 3. ESTABLISHMENT OF THE ADMINISTRATIVE LAW
JUDGE 
CONFERENCE 
OF 
THE 
UNITED
STATES.
(a) IN GENERAL.—Chapter 5 of title 5, United
States Code, is amended by adding at the end thereof the
following new subchapter:
‘‘SUBCHAPTER VI—THE ADMINISTRATIVE LAW
JUDGE CONFERENCE OF THE UNITED STATES
‘‘§ 597. Definitions
‘‘For the purposes of this subchapter—
‘‘(1) the term ‘agency’ means an authority re-
ferred to in section 551(1);
‘‘(2) the term ‘Conference’ means the Adminis-
trative Law Judge Conference of the United States
established under section 598;
‘‘(3) the term ‘administrative law judge’ means
an administrative law judge appointed under section
served as an administrative law judge for at least 5 years
before the date of appointment. The term of office of the
chief judge shall be 5 years or until a successor is ap-
pointed and qualifies to serve. A chief judge may be re-
appointed by the President, by and with the advice and
consent of the Senate, for 1 additional term upon the expi-
ration of the term of such judge. The chief judge shall
be paid at the rate of 105 percent of basic pay for level
IV of the Executive Schedule.
‘‘(b) SERVICE AFTER TERM EXPIRES.—After serving
as chief judge, an individual may continue to serve as an
administrative law judge unless such individual has been
removed from office in accordance with section 7521.
‘‘(c) POWERS
OF
THE CHIEF JUDGE.—The chief
judge shall—
‘‘(1) enhance and develop the administrative
law process and the administrative law judge func-
tion and ensure that adjudications by administrative
law judges are conducted in accordance with sections
553, 554, and 556 and other applicable law.
‘‘(2) maintain and be the custodian of the per-
sonnel file for each administrative law judge;
‘‘(3) maintain a senior administrative law judge
register;
‘‘(4) develop training programs, in coordination
with the agencies, to promote judicial education, spe-
cialization, and efficiency of administrative law
judges;
‘‘(5) encourage the efficient use of administra-
tive law judges through temporary reassignment of
administrative law judges based upon workload;
‘‘(6) consult with agencies and Office of Man-
agement and Budget regarding resources necessary
to support administrative law functions; and
‘‘(7) make rules and procedures to implement
this subchapter and the functions of the Conference.
The chief judge shall make an annual written report to
the President and the Congress including recommenda-
tions to improve the administrative law process.
‘‘(d) TRANSFER.—All administrative law judge func-
tions currently performed by the Office of Administrative
Law Judges of the United States Office of Personnel Man-
agement shall be transferred to the Conference.
‘‘§ 599A. Administrative law judge
‘‘(a) ASSIGNMENT TO AGENCIES.—After selection for
appointment to the position of administrative law judge
by an agency, the chief judge shall assign each administra-
tive law judge to such agency for the adjudication of cases
for the agency.
‘‘(b) AGENCIES.—Each agency with assigned admin-
istrative law judges shall be responsible for the following:
‘‘(1) To provide for all the budget, resources,
and support requirements for each administrative
law judge assigned to the agency.
‘‘(2) To maintain the finance records for each
administrative law judge assigned to the agency.
‘‘(c) APPOINTMENT OF AGENCY CHIEF JUDGES.—
The chief administrative law judge of each agency shall
be appointed by the agency head.
‘‘§ 599B. Council of the Administrative Law Judge
Conference of the United States
‘‘(a) IN GENERAL.—The advisory body on policy of
the Conference shall be the Council of the Administrative
Law Judge Conference of the United States. The chief
judge shall preside over the Council.
‘‘(b) MEMBERSHIP.—Membership of the Council
shall consist of 6 agency chief judges, a public member,
3 elected administrative law judges, and the chief judge.
In addition to the chief judge, there shall be 3 permanent
members, 3 temporary members, 3 elected administrative
law judges, and 1 public member. The 3 permanent mem-
bers shall consist of the agency chief judge from each of
the 3 agencies which have the greatest number of adminis-
trative law judges. The 3 temporary members shall be se-
lected by the chief judge, on a rotating basis, from the
agency chief judges of the other agencies that have admin-
istrative law judges. The public member shall be an attor-
ney with administrative law experience who is selected by
the American Bar Association. Each temporary member
and the public member shall serve a term of 1 year. The
3 elected administrative law judges shall be selected by
popular vote of the currently employed administrative law
judges. Not more than one administrative law judge shall
be from the same agency and they shall serve for a term
of 2 years. The chief judge will conduct the election. The
agency of each administrative law judge serving on the
Council shall pay the expenses and per diems of each ad-
ministrative law judge for attending Council meetings and
performing Council business.
‘‘(c) RESPONSIBILITIES.—The Council shall meet at
least quarterly and shall make recommendations to the
chief judge relating to the administrative law process and
administrative law judge personnel matters
‘‘(d) PUBLIC MEMBER COMPENSATION.—The public
member of the Council shall be compensated as provided
in section 599D(b).
‘‘§ 599C. Jurisdiction
‘‘(a) DUTIES.—An administrative law judge who is
a member of the Conference and who is assigned to an
agency shall hear and render a decision upon every type
of claim, case, action, or controversy of adjudication, sub-
ject to the provisions of section 553, 554, or 556, and for
every type of claim, case, action, or controversy assigned
to administrative law judges at the time of the enactment
of this subchapter. An administrative law judge shall ad-
here to the existing legal precedent as established by the
decisions of the United States court of appeals for the cir-
cuit in which the case is heard.
‘‘(b) REFERRAL OF CASES BY COURTS.—Courts are
authorized to refer, subject to the approval of the chief
judge and the parties in the court proceeding, those cases,
or portions thereof, in which they seek an administrative
law judge to act as a special master pursuant to the provi-
sions of Rule 53(a) of the Federal Rules of Civil Procedure
or otherwise seek an administrative law judge to make
findings of fact in a case on behalf of the referring court,
which shall continue to have exclusive and undiminished
jurisdiction over the case. When a court has referred a
case to an administrative law judge, the recommendations,
rulings, and findings of fact of the administrative law
judge are subject to de novo review by the referring court.
‘‘(c) APPLICATION OF AGENCY POLICY.—The provi-
sions of this subchapter shall effect no change in—
‘‘(1) an agency’s rulemaking, interpretative, or
policymaking authority in carrying out the statutory
responsibilities vested in the agency or agency head;
‘‘(2) the adjudicatory authority of administra-
tive law judges; or
‘‘(3) the authority of an agency to review deci-
sions of administrative law judges under any appli-
cable provision of law.
‘‘§ 599D. Removal and discipline
‘‘(a) IN GENERAL.—The chief judge, upon the rec-
ommendation of the Council of the Administrative Law
Conference of the United States and after providing notice
and a period for comment, shall adopt and issue rules of
judicial conduct for administrative law judges. An admin-
istrative law judge may not be removed, suspended, rep-
rimanded, or disciplined except for misconduct or neglect
of duty, as provided in section 7521, but may be removed
for physical or mental disability (consistent with prohibi-
tions on discrimination otherwise imposed by law).
‘‘(b) COMPLAINT RESOLUTIONS BOARD.—The rules
of the chief judge under subsection (a) shall contain a
Complaints Resolution Board which consists of both ad-
ministrative law judges and attorneys. The attorneys shall
be nominated by the American Bar Association. Com-
pensation shall be paid for work performed by board mem-
bers, who are not Federal Government employees, at the
level of AL–3, rate C under section 5372 , plus expenses
and per diems authorized employees of agencies under
subchapter I of chapter 57 . The agency that employs the
administrative law judge, who is the subject of the com-
plaint, shall pay all expenses, per diem, and costs relating
to the disciplinary action.
‘‘(c) COMPLAINT.—(1) A complaint against an ad-
ministrative law judge shall be in writing and filed with
the chief judge. The chief judge may—
‘‘(A) dismiss the complaint, if the chief judge
finds the complaint to be—
‘‘(i) directly related to the merits of a deci-
sion or procedural ruling; or
‘‘(ii) frivolous;
‘‘(B) conclude the proceeding if the chief judge
finds that appropriate corrective action has been
taken or that action on the complaint is no longer
necessary because of intervening events; or
‘‘(C) refer the complaint to the Complaints Res-
olution Board.
‘‘(2) A panel selected from the Complaints Resolution
Board, and consisting of 2 administrative law judges and
1 attorney, shall conduct an investigation of the complaint,
may hold a hearing, and shall issue findings and rec-
ommendations. The recommendations of the panel shall
include one of the following:
‘‘(A) dismissal of all or part of the complaint;
‘‘(B) direct informal reprimand;
‘‘(C) direct formal reprimand;
‘‘(D) suspension; or
‘‘(E) referral to the Merit Systems Protections
Board for further proceedings under section 7521.
The recommendations of the panel are binding on the chief
judge, but if the administrative law judge does not accept
the recommendations of the panel, the agency may peti-
tion the Merit Systems Protections Board as provided
under section 7521.’’.
SEC. 4. MISCELLANEOUS
(a) SATISFACTION
OF OTHER PROCEDURAL RE-
QUIREMENTS.—Compliance with subchapter VI of chapter
5 of title 5, United States Code, shall satisfy all require-
ments imposed under section 916 of the Financial Institu-
tions Reform, Recovery, and Enforcement Act of 1989.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $5,000,000 for fiscal year
1999 for the Administrative Law Judge Conference of the
United States.
(c) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 5 of title 5, United States
Code, is amended by adding at the end thereof the follow-
ing:
‘‘SUBCHAPTER VI—THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE
UNITED STATES
‘‘597. Definitions.
‘‘598. Establishment; membership.
‘‘599. Chief administrative law judge.
‘‘599A. Administrative law judges.
‘‘599B. Council of the Administrative Law Judge Conference of the United
States.
‘‘599C. Jurisdiction.
‘‘599D. Removal and discipline.’’.
SEC. 5. TRANSITION PROVISIONS.
(a) TRANSFERS.—There shall be transferred to the
Conference the personnel, assets, property, unexpended
balances of appropriations, allocations, and other funds
employed and held by the United States Office of Person-
nel Management and relating to the administrative law
function administered by the United States Office of Per-
sonnel Management. Appropriations, authorizations, allo-
cations, and other funds paid or transferred by agencies
to the United States Office of Personnel Management for
the administration of the administrative law judge func-
tion shall, after the date of the enactment of this Act, be
paid or transferred to the Conference.
(b) COLLECTIVE BARGAINING AGREEMENTS.—Col-
lective bargaining agreements, relating to personnel trans-
ferred by subsection (a), shall remain in effect according
to the terms thereof.
(c) DISPUTES.—The Director of the Office of Man-
agement and Budget, at such time or times as the Direc-
tor may provide, shall make such determinations as may
be necessary with regard to any dispute arising from the
transfer of personnel or assets by subsection (a).
SEC. 6. OPERATION OF THE CONFERENCE.
Operation of the Administrative Law Judge Con-
ference of the United States shall commence on the date
the first chief judge of the Conference takes office under
section 599 of title 5, United States Code.
SEC. 7. EFFECTIVE DATE.
Except as otherwise provided, this Act and the
amendments made by this Act shall take effect 120 days
after the date of the enactment of this Act.
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