I
107TH CONGRESS
2D SESSION
H. R. 4932
To amend the Social Security Act to establish an Office of Administrative
Law Judges in the Social Security Administration.
IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 2002
Mr. GEKAS introduced the following bill; which was referred to the Committee
on Ways and Means
A BILL
To amend the Social Security Act to establish an Office
of Administrative Law Judges in the Social Security
Administration.
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
Process Enhancement Act of 2002’’.
SEC. 2. SOCIAL SECURITY ADMINISTRATION OFFICE OF AD-
MINISTRATIVE LAW JUDGES.
Title VII of the Social Security Act is amended by
inserting after section 705 (42 U.S.C. 906) the following
new section:
‘‘OFFICE OF ADMINISTRATIVE LAW JUDGES
‘‘SEC. 706. (a)(1) An Office of Administrative Law
Judges (hereinafter in this section referred to as the ‘Of-
fice’) is established in the Social Security Administration.
Adjudication functions in the Social Security Administra-
tion relating to hearings before an administrative law
judge shall be conducted in the Office.
‘‘(b) The head of the Office shall be the Chief Admin-
istrative Law Judge, who shall report directly to the Com-
missioner.
‘‘(c) The Chief Administrative Law Judge shall be
responsible for taking personnel actions regarding admin-
istrative law judges, including assignment and removal of
such judges, in accordance with the provisions of sections
1305, 3105, 3344, 4301(2)(E), 5335(a)(B), 5372, and
7521 of title 5, United States Code.
‘‘(d)(1) The Chief Administrative Law Judge shall be
appointed by the Commissioner for a term of 6 years and
may be reappointed for a second term. The Chief Adminis-
trative Law Judge may serve until the appointment of a
qualified successor. To be eligible for appointment as
Chief Administrative Law Judge, an individual shall have
expertise in administrative law and have completed not
less than 5 years of employment as an administrative law
judge in the Social Security Administration.
‘‘(2) The Chief Administrative Law Judge may be re-
moved by the Commissioner as provided in section 7521
of title 5, United States Code, for inefficiency, ineligibility,
neglect of duty, malfeasance in office, or nonfeasance in
office, and for no other cause. Removal from the position
of Chief Administrative Law Judge shall not be considered
removal as an administrative law judge employed by the
Social Security Administration.
‘‘(3) If the Chief Administrative Law Judge resigns,
is removed from office, or ceases to act, the Commissioner
shall appoint a successor to serve the remainder of the
term.
‘‘(4) At the end of the term of service as Chief Ad-
ministrative Law Judge, the Chief Administrative Law
Judge may return to employment as an administrative law
judge employed by the Social Security Administration.
‘‘(5) The Commissioner shall initially appoint an ad-
ministrative law judge to fill the position of Chief Adminis-
trative Law Judge under this section not later than 6
months after the date of the enactment of this section.
‘‘(6) Until the Chief Administrative Law Judge is ap-
pointed pursuant to this section, the incumbent Chief Ad-
ministrative Law Judge may serve until his or her suc-
cessor is appointed.
‘‘(e) The Chief Administrative Judge shall be com-
pensated at the rate of AL–1 as provided in section
5372(b)(1) of title 5, United States Code.
‘‘(f) The Commissioner, through separate accounting,
shall provide the Office and its personnel with necessary
office facilities, supplies, support services, and related ex-
penses to carry out the functions of the Office. For fiscal
years after fiscal year 2003, the budget for the Office shall
be submitted separately from the other budget categories
of the Social Security Administration.
‘‘(g) The Commissioner shall appoint as many admin-
istrative law judges as are necessary to carry out adminis-
trative law judge proceedings required to be conducted by
the Social Security Administration in accordance with the
provisions of section 3105 of such title 5.’’.
SEC. 3. EFFECTIVE DATE.
This Act and the amendment made by this Act shall
take effect on the date that is 180 days after the date
of the enactment of this Act.
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