I
104TH CONGRESS
1ST SESSION
H. R. 1802
To reorganize the Federal administrative law judiciary, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 8, 1995
Mr. GEKAS (for himself, Mr. BARRETT of Wisconsin, Mr. BEVILL, Mr.
BONILLA, Mr. BONO, Mr. CALVERT, Mr. FRANK of Massachusetts, Mr.
KANJORSKI, Mr. KLECZKA, Mr. INGLIS of South Carolina, Mr. SOLOMON,
and Mr. GILMAN) 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.
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 ‘‘Reorganization of the
Federal Administrative Judiciary Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) in order to promote efficiency, productivity,
the reduction of administrative functions, and to
provide economies of scale and better public service
and public trust in the administrative resolution of
disputes, Federal administrative law judges should
be organized in a unified corps;
(2) the dispersal of administrative law judges
appointed under section 3105 of title 5, United
States Code, in every Federal agency that requires
hearings to be conducted by administrative law
judges, underutilizes the potential of administrative
law judges to serve the public and assist the Federal
courts as special masters and finders of fact in spe-
cific instances to help reduce the backlog of cases in
Federal courts;
(3) the organization of administrative law
judges in a corps will best promote their assignment
to Federal agency needs as demand requires;
(4) a unified administrative law judge corps will
better promote the use of information technology in
serving the public; and
(5) an administrative law judge corps will,
through consolidation, eliminate unnecessary offices
and reduce travel and other related costs.
SEC. 3. ESTABLISHMENT OF ADMINISTRATIVE LAW JUDGE
CORPS.
(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—ADMINISTRATIVE LAW
JUDGE CORPS
‘‘§ 597. Definitions
‘‘For the purposes of this subchapter—
‘‘(1) ‘agency’ means an authority referred to in
section 551(1);
‘‘(2) ‘Corps’ means the Administrative Law
Judge Corps of the United States established under
section 598;
‘‘(3) ‘administrative law judge’ means an ad-
ministrative law judge appointed under section 3105
on or before the effective date of the Reorganization
of the Federal Administrative Judiciary Act or
under section 599c after such effective date;
‘‘(4) ‘chief judge’ means the chief administra-
tive law judge appointed and serving under section
599;
‘‘(5) ‘Council’ means the Council of the Admin-
istrative Law Judge Corps established under section
599b;
‘‘(6) ‘Board’, unless otherwise indicated, means
the Complaints Resolution Board established under
section 599e; and
‘‘(7) ‘division chief judge’ means the chief ad-
ministrative law judge of a division appointed and
serving under section 599a.
‘‘§ 598. Establishment; membership
‘‘(a) ESTABLISHMENT.—There is established an Ad-
ministrative Law Judge Corps consisting of all adminis-
trative law judges, in accordance with the provisions of
subsection (b). Such Corps shall be administered in Wash-
ington, D.C.
‘‘(b) MEMBERSHIP.—An administrative law judge
serving as such on the date of the commencement of the
operation of the Corps shall be transferred to the Corps
as of that date. An administrative law judge who is ap-
pointed on or after the date of the commencement of the
operation of the Corps shall be a member of the Corps
as of the date of such appointment.
‘‘§ 599. Chief administrative law judge
‘‘(a) APPOINTMENT; TERM.—The chief administra-
tive law judge shall be the chief administrative officer of
the Corps and shall be the presiding judge of the Corps.
The chief judge shall be appointed by the President, by
and with the advice and consent of the Senate. The chief
‘‘(C) consolidating hearing facilities and law li-
braries; and
‘‘(D) programs and practices to foster overall
efficient use of staff, personnel, equipment, and fa-
cilities.
‘‘(2) In order to minimize costs—
‘‘(A) all administrative law judges and support
personnel shall, for at least 1 year after the date of
the commencement of the operation of the Corps,
continue to use the office space and facilities, at the
agencies using such judges and personnel, available
before such date, and
‘‘(B) the chief judge shall phase in transfers of
administrative law judges and support personnel to
other facilities so that the cost of providing facilities
for the Corps shall not exceed the cost of maintain-
ing such judges and personnel in equivalent space
available at agencies using the Corps.
‘‘(d) REPORTS.—The chief judge shall, within 90
days after the end of each fiscal year, make a written re-
port to the President and the Congress concerning the
business of the Corps during the preceding fiscal year. The
report shall include information and recommendations of
the Council concerning the future personnel requirements
of the Corps.
‘‘(e) 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 599e.
‘‘§ 599a. Divisions of the Corps; division chief judges
‘‘(a) ASSIGNMENT TO DIVISIONS.—Each judge of the
Corps shall be assigned to a division by the Council, pur-
suant to section 599b. The assignment of a judge who was
an administrative law judge on the date of commencement
of the operation of the Corps shall be made after consider-
ation of the areas of specialization in which the judge has
served. Each division shall be headed by a division chief
judge who shall exercise administrative supervision over
such division.
‘‘(b) DIVISIONS.—The divisions of the Corps shall be
as follows:
‘‘(1) Division of Communications, Public Util-
ity, and Transportation Regulation.
‘‘(2) Division of Safety and Environmental Reg-
ulation.
‘‘(3) Division of Labor.
‘‘(4) Division of Labor Relations.
‘‘(5) Division of Health and Human Services
Programs.
‘‘(6) Division of Securities, Commodities, and
Trade Regulation.
‘‘(7) Division of General Programs.
‘‘(8) Division of Financial Services Institutions.
‘‘(c) APPOINTMENT OF DIVISION CHIEF JUDGES.—
(1) The division chief judge of each division set forth in
subsection (b) shall be appointed by the President, by and
with the advice and consent of the Senate, and shall be
learned in the law.
‘‘(2) Division chief judges shall be appointed for 5-
year terms, except that of those division chief judges first
appointed, the President shall designate 2 such individuals
to be appointed for 5-year terms, 3 for 4-year terms, and
2 for 3-year terms.
‘‘(3) Any division chief judge appointed to fill an
unexpired term shall be appointed only for the remainder
of such predecessor’s term, but may be reappointed as pro-
vided in paragraph (4).
‘‘(4) Any division chief judge may be reappointed
upon the expiration of his or her term.
‘‘(5) Any judge, after serving as division chief judge,
may continue to serve as an administrative law judge un-
less such individual has been removed from office in ac-
cordance with section 599e.
‘‘§ 599b. Council of the Corps
‘‘(a) IN GENERAL.—The policymaking body of the
Corps shall be the Council of the Corps. The chief judge
and the division chief judges shall constitute the Council.
The chief judge shall preside over the Council. If the chief
judge is unable to be present at a meeting of the Council,
the division chief judge who is senior in length of service
as a member of such Council shall preside at the meeting.
‘‘(b) QUORUM; VOTING.—One half of all of the mem-
bers of the Council shall constitute a quorum for the pur-
pose of transacting business. The affirmative vote by a
majority of all the members of the Council shall be re-
quired to approve a matter on behalf of the Council. Each
member of the Council shall have one vote.
‘‘(c) MEETINGS.—Meetings of the Council shall be
held at least once a month at the call of the chief judge
or by the call of one-third or more of the members of the
Council.
‘‘(d) POWERS.—The Council is authorized—
‘‘(1) to assign judges to divisions and transfer
or reassign judges from one division to another, sub-
ject to the provisions of section 599c;
‘‘(2) to appoint persons as administrative law
judges under section 599c;
‘‘(3) to file charges seeking adverse action
against an administrative law judge under section
599e;
‘‘(4) to prescribe, after providing an oppor-
tunity for notice and comment, the rules of practice
and procedure for the conduct of proceedings before
the Corps, except that, with respect to a category of
proceedings adjudicated by an agency before the ef-
fective date of the Reorganization of the Federal Ad-
ministrative Judiciary Act, the Council may not
amend or revise the rules of practice and procedure
prescribed by that agency during the 2 years follow-
ing such effective date without the approval of that
agency, and any amendments or revisions made to
such rules shall not affect or be applied to any pend-
ing action;
‘‘(5) to issue such rules and regulations as may
be appropriate for the efficient conduct of the busi-
ness of the Corps and the implementation of this
subchapter, including the assignment of cases to ad-
ministrative law judges;
‘‘(6) subject to the civil service and classifica-
tion laws and regulations—
‘‘(A) to select, appoint, employ, and fix the
compensation of the employees (other than ad-
ministrative law judges) that the Council deems
necessary to carry out the functions, powers,
and duties of the Corps; and
‘‘(B) to prescribe the authority and duties
of such employees;
‘‘(7) to establish, abolish, alter, consolidate, and
maintain such regional, district, and other field of-
fices as are necessary to carry out the functions,
powers, and duties of the Corps and to assign and
reassign employees to such field offices;
‘‘(8) to procure temporary and intermittent
services under section 3109;
‘‘(9) to enter into, to the extent or in such
amounts as are authorized in appropriation Acts,
without regard to section 3709 of the Revised Stat-
utes of the United States (41 U.S.C. 5), contracts,
leases, cooperative agreements, or other transactions
that may be necessary to conduct the business of the
Corps;
‘‘(10) to delegate any of the chief judge’s func-
tions or powers with the consent of the chief judge,
or whenever the office of such chief judge is vacant,
to one or more division chief judges or other employ-
ees of the Corps, and to authorize the redelegation
of any of those functions or powers;
‘‘(11) to establish, after consulting with an
agency, initial and continuing educational programs
to assure that each administrative law judge as-
signed to hear cases of that agency has the nec-
essary training in the specialized field of law of that
agency;
‘‘(12) to make suitable arrangements for con-
tinuing education and training of other employees of
the Corps, so that the level of expertise in the divi-
sions of the Corps will be maintained and enhanced;
and
‘‘(13) to determine all other matters of general
policy of the Corps.
‘‘(e) OFFICIAL SEAL.—The Council shall select an of-
ficial seal for the Corps which shall be judicially noticed.
‘‘§ 599c. Appointment and transfer of administrative
law judges
‘‘(a) APPOINTMENT.—After the initial establishment
of the Corps, the Council shall appoint new or additional
judges as may be necessary for the efficient and expedi-
tious conduct of the business of the Corps. Appointments
shall be made from a register maintained by the Office
of Personnel Management under subchapter I of chapter
33 of this title. Upon request by the chief judge, the Office
of Personnel Management shall certify enough names from
the top of such register to enable the Council to consider
five names for each vacancy. Notwithstanding section
3318, a vacancy in the Corps may be filled from the high-
est five eligible individuals available for appointment on
the certificate furnished by the Office of Personnel
Management.
‘‘(b) LIMITATION ON JUDGE’S DUTIES.—A judge of
the Corps may not perform or be assigned to perform du-
ties inconsistent with the duties and responsibilities of an
administrative law judge.
‘‘(c) REASSIGNMENTS; DETAILS.—A judge or staff
member of the Corps on the date of commencement of the
operation of the Corps, and all new judges and staff mem-
bers appointed by the Council, may not thereafter be invol-
untarily reassigned to a new permanent duty station if
such station is beyond the commuting area of the duty
station which is the judge’s or staff member’s permanent
duty station on that date. A judge or staff member of the
Corps may be temporarily detailed, once in a 24-month
period, to a new duty station at any location, for a period
of not more than 120 days.
‘‘§ 599d. Jurisdiction
‘‘(a) IN GENERAL.—Any case, claim, action, or pro-
ceeding authorized to be heard before an administrative
law judge on the day before the effective date of the Reor-
ganization of the Federal Administrative Judiciary Act
shall, on or after such date, be referred to the Corps for
adjudication on the record after an opportunity for a
hearing.
‘‘(b) TYPES OF CASES.—An administrative law judge
who is a member of the Corps shall hear and render a
decision upon—
‘‘(1) every case of adjudication subject to the
provisions of section 553, 554, or 556;
‘‘(2) every case in which hearings are required
by law to be held in accordance with sections 553,
554, or section 556;
‘‘(3) every other case referred to the Corps by
an agency in which a determination is to be made
on the record after an opportunity for a hearing;
and
‘‘(4) every case referred to the Corps by a court
for an administrative law judge to act as a special
master or to otherwise making findings of fact on
behalf of the referring court, which shall continue to
have exclusive and undiminished jurisdiction over
the case.
‘‘(c) REFERRAL OF CASES.—When a case under sub-
section (b) arises, it shall be referred to the Corps. Under
regulations issued by the Council, the case shall be as-
signed to a division. The appropriate division chief shall
assign cases to judges, taking into consideration speciali-
zation, training, workload, and conflicts of interest.
‘‘(d) REFERRALS
BY AGENCIES
AND COURTS.—
Courts are authorized to refer, subject to the approval of
the majority of the Council 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 provisions of Rule 53(a) of the Federal
Rules of Civil Procedure which shall continue to have ex-
clusive 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.
‘‘(e) SATISFACTION
OF OTHER PROCEDURAL RE-
QUIREMENTS.—Compliance with this subchapter shall sat-
isfy all requirements imposed under section 916 of the Fi-
nancial Institutions Reform, Recovery, and Enforcement
Act of 1989.
‘‘(f) 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.
‘‘§ 599e. Removal and discipline
‘‘(a) IN GENERAL.—(1) Except as provided under
paragraph (2), an administrative law judge may not be
removed, suspended, reprimanded, or disciplined except
for misconduct or neglect of duty, but may be removed
for physical or mental disability (consistent with prohibi-
tions on discrimination otherwise imposed by law).
‘‘(2) Paragraph (1) shall not apply to an action initi-
ated under section 1215.
‘‘(b) RULES OF JUDICIAL CONDUCT.—No later than
180 days after the appointment and confirmation of the
Council, the Council shall adopt and issue rules of judicial
conduct for administrative law judges. Such code shall be
enforced by the Council and shall include standards gov-
erning—
‘‘(1) judicial conduct and extra-judicial activi-
ties to avoid actual, or the appearance of, impropri-
eties or conflicts of interest;
‘‘(2) the performance of judicial duties impar-
tially and diligently;
‘‘(3) avoidance of bias or prejudice with respect
to all parties; and
‘‘(4) efficiency and management of cases so as
to reduce dilatory practices and unnecessary costs.
‘‘(c) DISCIPLINARY ACTION BY THE COUNCIL.—An
administrative law judge may be subject to disciplinary ac-
tion by the Council under subsection (j). An administra-
tive law judge may be removed only after the Council has
filed with the Merit Systems Protection Board a notice
of removal and the Merit Systems Protection Board has
determined on the record, after an opportunity for a hear-
ing before the Merit Systems Protection Board, that there
is good cause to take the action of removal.
‘‘(d) COMPLAINTS RESOLUTION BOARD.—Under reg-
ulations issued by the Council, a Complaints Resolution
Board shall be established within the Corps to consider
and to recommend appropriate action to be taken when
a complaint is made concerning conduct of a judge of the
Corps. Such complaint may be made by any interested
person, including parties, practitioners, the chief judge,
administrative law judges, and agencies.
‘‘(e) COMPOSITION OF THE BOARD.—(1) The Board
shall consist of—
‘‘(A) 2 judges from each division of the Corps,
who shall be appointed by the Council; and
‘‘(B) 16 attorneys who shall be appointed in ac-
cordance with the provisions of paragraph (2).
‘‘(2) The Council shall request a list of candidates
to be members of the Board from the American Bar Asso-
ciation. Such list may not include any individual who is
an administrative law judge or former administrative law
judge.
‘‘(3) The chief judge and the division chief judges
may not serve on the Board.
‘‘(4) No individual may serve 2 successive terms on
the Board.
‘‘(5)(A) Except as provided under subparagraph (B),
all terms on the Board shall be 2 years.
‘‘(B) In making the original appointments to the
Board, the Council shall designate one-half of the appoint-
ments made under paragraph (1)(A) and one-half of the
appointments made under paragraph (1)(B), as a term of
1 year.
‘‘(6)(A) Each member of the Board who is not an
officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for a position at the
level of AL–3, rate C under section 5372 of this title for
each day (including travel time) during which such mem-
ber is engaged in the performance of the duties of the
Board. All members of the Board who are administrative
law judges shall serve without compensation in addition
to that received for their services as officers or employees
of the United States.
‘‘(B) The members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code,
while away from their homes or regular places of business
in the performance of services for the Board.
‘‘(f) FILING AND REFERRAL OF COMPLAINT.—(1) A
complaint concerning the official conduct of an adminis-
trative law judge shall be made in writing. The complaint
shall be filed with the chief judge, or it may be originated
by the chief judge on his own motion. The chief judge shall
refer the complaint to a 5-member panel designated by
the Council—
‘‘(A) consisting of 3 administrative law judges
appointed under subsection (e)(1)(A), none of whom
may be serving in the same division as the adminis-
trative law judge who is the subject of the com-
plaint; and
‘‘(B) two members appointed under subsection
(e)(1)(B), none of whom regularly practice before
the division to which the administrative law judge,
who is the subject of the complaint is assigned.
‘‘(2) Any individual chosen to serve on the panel who
has a personal or financial conflict of interest involving
the administrative law judge who is the subject of the com-
plaint shall be disqualified by the Council from serving on
the panel. The Council shall replace any disqualified indi-
vidual or vacancy with another member of the Board who
is eligible to serve on the panel.
‘‘(g) CHIEF JUDGE ACTION.—(1) After expeditiously
reviewing a complaint, the chief judge, by written order
stating his reason, 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 Complaint Res-
olution Board in accordance with subsection (f).
‘‘(2) The chief judge shall transmit copies of the writ-
ten order to the complainant and to the administrative law
judge who is the subject of the complaint.
‘‘(h) NOTICE OF THE COMPLAINT.—The administra-
tive law judge and the complainant shall be given notice
of receipt of the complaint and notice of referral of the
complaint to the panel.
‘‘(i) INQUIRY
AND REPORT
BY PANEL.—(1) The
panel shall inquire into the complaint and have authority
to conduct a full investigation of the complaint, including
authority to hold hearings and issue subpoenas, examine
witnesses, and receive evidence. All proceedings of the
Complaint Resolution Board shall be confidential. The ad-
ministrative law judge who is the subject of the complaint
shall have the right to be represented by counsel and shall
have an opportunity to appear before the panel. The com-
plainant shall be afforded an opportunity to appear at the
proceedings conducted by the investigating panel, if the
panel concludes that the complainant could offer substan-
tial information.
‘‘(2) In determining whether misconduct has oc-
curred, the panel shall apply a preponderance of evidence
standard of proof to its proceedings.
‘‘(3)(A) Within 90 days after the referral of the com-
plaint, the panel shall report to the Council on its findings
of fact and recommendations for appropriate disciplinary
action, if any, that should be taken against the adminis-
trative law judge.
‘‘(B) If the panel has not completed its inquiry within
90 days after receiving the complaint, the panel shall re-
quest an extension of time from the Council to complete
its inquiry.
‘‘(C) A copy of the report shall be provided concur-
rently to the Council, the administrative law judge who
is the subject of the complaint, and the complainant. The
Council shall retain all reports filed under this section and
such reports shall be confidential, except that a rec-
ommendation for disciplinary action shall be made avail-
able to the public.
‘‘(4) 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.
‘‘(E) Automatic referral to the Merit Systems
Protection Board on recommendations of removal.
‘‘(5) The recommendations of the panel are binding
on the Council, unless the administrative law judge ap-
peals to the Merit Systems Protection Board.
‘‘(j) DISCIPLINARY ACTION.—Except as provided in
subsection (a)(2), the Council shall take appropriate dis-
ciplinary action against the administrative law judge based
upon the report of the panel within 30 days after receiving
the report of the panel. Such disciplinary action shall be
enforced by the Council and shall be final unless the ad-
ministrative law judge files an appeal with the Merit Sys-
tems Protection Board within 30 days after receiving no-
tice of such disciplinary action.
‘‘(k) RECOMMENDATION FOR RELIEF TO AGENCY,
DEPARTMENT, OR COMMISSION.—Based upon a finding of
judicial misconduct by an administrative law judge, the
Council shall have authority to recommend to the head
of an agency, department or commission that action may
be taken to provide relief to aggrieved individuals due to
the judicial misconduct by an administrative law judge.’’.
(b) APPOINTMENTS OF DIVISION CHIEF JUDGES.—
It is the sense of the Congress that the President should
appoint as division chief judges under section 599a(c) of
title 5, United States Code (as added by subsection (a)
of this section), individuals who have served as an admin-
istrative law judge for at least 5 years.
(c) ADMINISTRATIVE PROVISION.—Except as pro-
vided under subchapter VI of chapter 5 of title 5, United
States Code, the chief administrative law judge and the
division chief judges appointed under such subchapter
shall be deemed administrative law judges appointed
under section 3105.
(d) 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
following:
‘‘SUBCHAPTER VI—ADMINISTRATIVE LAW
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.’’.
SEC. 4. AGENCY REVIEW STUDY AND REPORT.
(a) STUDY.—The chief administrative law judge of
the Administrative Law Judge Corps of the United States
shall conduct a study of the various types and levels of
agency review to which decisions of administrative law
judges are subject. A separate study shall be conducted
for each division of the Corps. The studies shall include
monitoring and evaluating data and shall be conducted in
consultation with the division chief judges, the Chairman
of the Administrative Conference of the United States,
and the agencies that review the decisions of administra-
tive law judges.
(b) REPORT.—(1) Not later than 2 years after the
effective date of this Act, the Council shall report to the
President and the Congress on the findings and rec-
ommendations resulting from the studies conducted under
subsection (a).
(2) The report under paragraph (1) shall include rec-
ommendations, including recommendations for new legis-
lation, for any reforms that may be appropriate to make
review of administrative law judges’ decisions more effi-
cient and meaningful and to accord greater finality to such
decisions, except that all decisions subject, before the ef-
fective date of this Act, to review pursuant to section
205(g) of the Social Security Act (42 U.S.C. 405(g)) shall
continue to be subject to such review pursuant to such
section.
(3) The report under paragraph (1) shall also include
recommendations for using staff more efficiently to de-
crease backlogs, especially in the area of social security
disability cases.
SEC. 5. TRANSITION AND SAVINGS PROVISIONS.
(a) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the administrative law judges of the Administra-
tive Law Judge Corps established by section 598 of title
5, United States Code (as added by section 3 of this Act),
all functions authorized to be performed on the day before
the effective date of this Act by the administrative law
judges appointed under section 3105 of such title before
the effective date of this Act.
(b) USE OF AGENCY FACILITIES AND PERSONNEL.—
With the consent of the agencies concerned, the Adminis-
trative Law Judge Corps of the United States may use
the facilities and the services of officers, employees, and
other personnel of agencies from which functions and du-
ties are transferred to the Corps for so long as may be
needed to facilitate the orderly transfer of those functions
and duties under this Act.
(c) INCIDENTAL TRANSFERS.—The personnel, assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations,
and other funds employed, held, used, arising from, avail-
able or to be made available, in connection with the func-
tions transferred by this Act, are, subject to section 1531
of title 31, United States Code, transferred to the Corps
for appropriate allocation.
(d) PAY OF TRANSFERRED PERSONNEL.—The trans-
fer of personnel pursuant to subsection (b) or (c) shall
be without reduction in pay or classification for 5 years
after such transfer.
(e) AUTHORITIES OF DIRECTOR OF OMB.—The Di-
rector of the Office of Management and Budget, at such
time or times as the Director shall provide, may make
such determinations as may be necessary with regard to
the functions transferred by this Act, and to make such
additional incidental dispositions of personnel, assets, li-
abilities, grants, contracts, property, records, and unex-
pended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available
to, or to be made available in connection with such func-
tions, as may be necessary to carry out the provisions of
this Act.
(f) CONTINUED EFFECTIVENESS
OF PRIOR AC-
TIONS.—All orders, determinations, rules, regulations,
permits, contracts, collective bargaining agreements, rec-
ognition of labor organizations, certificates, licenses, and
privileges which have been issued, made, granted, or al-
lowed to become effective in the exercise of any duties,
powers, or functions which are transferred under this Act
and are in effect at the time this Act becomes effective
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or repealed by
the Administrative Law Judge Corps of the United States
or a judge thereof in the exercise of authority vested in
the Corps or its members by this Act, by a court of com-
petent jurisdiction, or by operation of law.
(g) PENDING PROCEEDINGS.—(1) Except as pro-
vided in subsections (d)(5) and (e) of section 599b of title
5, United States Code, this Act shall not affect any pro-
ceeding before any department or agency or component
thereof which is pending at the time this Act takes effect.
Such a proceeding shall be continued before the Adminis-
trative Law Judge Corps of the United States or a judge
thereof, or, to the extent the proceeding does not relate
to functions so transferred, shall be continued before the
agency in which it was pending on the effective date of
this Act.
(2) No suit, action, or other proceeding commenced
before the effective date of this Act shall abate by reason
of the enactment of this Act.
(h) REPORTS
BY OFFICE
OF MANAGEMENT
AND
BUDGET.—The Director of the Office of Management and
Budget shall monitor and report to the Congress—
(1) 60 days after the effective date of this Act,
on the amount of all funds expended in fiscal year
1995 by each agency on the functions transferred
under this Act and the amendments made by this
Act;
(2) no later than October 1, 1995, on the
amount of unexpended balances of appropriations,
authorizations, allocations, and other funds trans-
ferred by all agencies to the Administrative Law
Judge Corps under this Act and the amendments
made by this Act; and
(3) 1 year after the effective date of this Act,
and each of the next 2 years thereafter on—
(A) whether the expenditure of each agen-
cy that transfers functions and duties under
this Act and the amendments made by this Act
are reduced by the amount of savings resulting
from the transfer of such functions and duties;
and
(B) the Government savings resulting from
transfer of such functions to the Administrative
Law Judge Corps and recommendations to the
Congress on how to achieve additional savings.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of
fiscal years 1996, 1997, 1998, 1999, and 2000 to carry
out the provisions of this Act and subchapter VI of title
5, United States Code (as added by section 3 of this Act)
such amounts as may be necessary, not to exceed in any
such fiscal year the total amount expended by all agencies
in fiscal year 1995 in performing all functions transferred
under this Act and the amendments made by this Act.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TITLE 5, UNITED STATES CODE.—Title 5,
United States Code, is amended as follows:
(1) Section 593(b) is amended—
(A) by redesignating paragraphs (4), (5),
and (6) as paragraphs (5), (6), and (7), respec-
tively, and
(B) by inserting the following after para-
graph (3):
‘‘(4) the chief administrative law judge of the
Administrative Law Judge Corps of the United
States;’’.
(2) Section 3105 is amended to read as follows:
‘‘§ 3105. Appointment of administrative law judges
‘‘Administrative law judges shall be appointed by the
Council of the Administrative Law Judge Corps pursuant
to sections 596 and 599c of this title.’’.
(3) Section 3344, and the item relating to sec-
tion 3344 in the table of sections for chapter 33, are
repealed.
(4) Subchapter III of chapter 75, and the items
relating to subchapter III and section 7521 in the
table of sections at the beginning of chapter 75, are
repealed.
(5) Section 559 is amended—
(A) in the first sentence by striking ‘‘chap-
ter 7’’ and all that follows through ‘‘7521’’ and
inserting ‘‘subchapter VI of this chapter, chap-
ter 7, and sections 1305, 3105, 4301(2)(E),
and 5372’’; and
(B) in the last sentence by striking ‘‘chap-
ter 7’’ and all that follows through ‘‘7521’’ and
inserting ‘‘subchapter VI of this chapter, chap-
ter 7, section 1305, 3105, 4301(2)(E), or
5372’’.
(6) Section 1305 is amended—
(A) by striking ‘‘section 3105, 3344,’’ and
inserting ‘‘sections 3105,’’; and
(B) by striking ‘‘, and for the purpose of
section 7521 of this title, the Merit Systems
Protection Board may’’.
(7) Section 5514(a)(2) is amended in the fourth
sentence by striking ‘‘, except that’’ and all that fol-
lows through ‘‘administrative law judge’’.
(8) Section 7105 is amended—
(A) in subsection (d) by striking ‘‘, admin-
istrative law judges under section 3105 of this
title,’’; and
(B) in subsection (e)(2) by striking ‘‘under
subsection (d) of this section’’ and inserting
‘‘under section 3105 of this title’’.
(9) Section 7132(a) is amended by striking
‘‘appointed by the Authority under section 3105 of
this title’’ and inserting ‘‘appointed under section
3105 of this title who is conducting hearings under
this chapter’’.
(10) Section 7502 is amended by striking
‘‘7521 or’’.
(11) Section 7512(E) is amended by striking
‘‘or 7521’’.
(b) OTHER PROVISIONS OF LAW.—
(1) Section 6(c) of the Commodity Exchange
Act is amended—
(A) in the second sentence (7 U.S.C. 9)—
(i) by striking ‘‘Administrative Law
Judge designated by the Commission’’ and
inserting ‘‘administrative law judge of the
Administrative Law Judge Corps’’; and
(ii) by striking ‘‘Administrative Law
Judge’’ and inserting ‘‘administrative law
judge’’; and
(B) by striking ‘‘Administrative Law
Judge’’ each subsequent place it appears (7
U.S.C. 15) and inserting ‘‘administrative law
judge of the Administrative Law Judge Corps’’.
(2) Section 12(b) of the Commodity Exchange
Act (7 U.S.C. 16(b)) is amended by striking ‘‘Ad-
ministrative Law Judges,’’.
(3) Section 274B(e)(2) of the Immigration and
Nationality Act (8 U.S.C. 1324b(e)(2)) is amended
by striking ‘‘are specially designated by the Attorney
General as having’’ and inserting ‘‘have’’.
(4) Section 1416(a) of the Interstate Land
Sales Full Disclosure Act (15 U.S.C. 1715(a)) is
amended—
(A) in the first sentence by inserting ‘‘,
subject to section 599d of title 5, United States
Code,’’ after ‘‘who may’’;
(B) by striking the second sentence; and
(C) in the third sentence by striking ‘‘his
administrative law judges to other administra-
tive law judges or’’ and inserting ‘‘administra-
tive law judges carrying out functions under
this title’’.
(5) Section 488A(b) of the Higher Education
Act of 1965 (20 U.S.C. 1095a(b)) is amended in the
third sentence by striking ‘‘, except that’’ and all
that follows through ‘‘administrative law judge’’.
(6) Section 509(1) of title 28, United States
Code, is amended—
(A) by striking ‘‘subchapter II’’ and insert-
ing ‘‘subchapters II and VI’’; and
(B) by striking ‘‘employed by the Depart-
ment of Justice’’.
(7) Section 12 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 661) is amended—
(A) in subsection (e)—
(i) by striking ‘‘administrative law
judges and other’’; and
(ii) by striking ‘‘: Provided’’ and all
that follows through the end of the sub-
section and inserting a period;
(B) in subsection (j) in the first sentence
by striking ‘‘A’’ and all that follows through
‘‘Commission,’’ and inserting ‘‘An administra-
tive law judge to whom is assigned any proceed-
ing instituted before the Commission shall hear
and make a determination upon the proceeding
and any motion in connection with such pro-
ceeding,’’; and
(C) by striking subsection (k).
(8) Section 502(e)(1) of the Rehabilitation Act
of 1973 (29 U.S.C. 792(e)(1)) is amended by strik-
ing the second and third sentences and inserting the
following: ‘‘Proceedings required to be conducted
under this section shall be presided over by adminis-
trative law judges appointed under subchapter VI of
chapter 5 of title 5, United States Code.’’.
(9) Section 166 of the Job Training Partner-
ship Act (29 U.S.C. 1576(a)) is amended in the first
sentence by striking ‘‘of the Department of Labor’’.
(10) Section 5(e) of the Federal Mine Safety
and Health Act of 1977 (30 U.S.C. 804(e)) is
amended to read as follows:
‘‘(e) Proceedings required to be conducted in accord-
ance with the provisions of this Act shall be presided over
by administrative law judges appointed under subchapter
VI of chapter 5 of title 5, United States Code.’’.
(11) Section 113 of the Federal Mine Safety
and Health Act of 1977 (30 U.S.C. 823) is
amended—
(A) in subsection (b)(2) by striking all that
follows the second sentence;
(B) in subsection (d)(1) in the first sen-
tence by striking ‘‘appointed by the Commis-
sion’’ and all that follows through ‘‘by the Com-
mission,’’ and inserting ‘‘to whom is assigned
any proceeding instituted before the Commis-
sion shall hear and make a determination upon
the proceeding and any motion in connection
with the proceeding,’’; and
(C) in subsection (e) in the first sentence
by striking ‘‘its’’ each place it appears.
(12) Section 428(b) of the Black Lung Benefits
Act (30 U.S.C. 938(b)) is amended by striking the
seventh sentence.
(13) Section 321(c)(1) of title 31, United
States Code, is amended—
(A) by striking ‘‘subchapter II’’ and insert-
ing ‘‘subchapters II and VI’’; and
(B) by striking ‘‘employed by the Sec-
retary’’.
(14) Section 3801(a)(7)(A) of title 31, United
States Code, is amended by striking ‘‘appointed in
the authority’’ and all that follows through ‘‘such
title;’’ and inserting ‘‘of the Administrative Law
Judge Corps;’’.
(15) Section 19(d) of the Longshore and Har-
bor Workers’ Compensation Act (33 U.S.C. 919(d))
is amended by amending the second sentence to read
as follows: ‘‘Any such hearing shall be conducted by
an administrative law judge qualified under sub-
chapter VI of chapter 5 of that title.’’.
(A) in the first sentence by inserting ‘‘,
subject to section 599d of title 5, United States
Code,’’ after ‘‘The Secretary may’’;
(B) by striking the second sentence; and
(C) in the last sentence by striking ‘‘his
hearing examiners to other hearing examiners
or’’ and inserting ‘‘administrative law judges
carrying out functions under this title’’.
(21) Section 806 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3787) is
amended—
(A) in the first sentence by striking ‘‘ap-
point such hearing examiners’’ and all that fol-
lows through ‘‘United States Code,’’ and insert-
ing ‘‘, subject to section 599d of title 5, United
States Code, request the use of such adminis-
trative law judges’’; and
(B) in the second sentence by striking
‘‘hearing examiner or administrative law judge
assigned to or employed thereby’’ and inserting
‘‘such administrative law judge’’.
(22) Section 401(c) of the Department of En-
ergy Organization Act (42 U.S.C. 7171(c)) is
amended by striking ‘‘appointment and employment
of hearing examiners in accordance with the provi-
sions of title 5,’’ and inserting ‘‘referral of cases to
the Administrative Law Judge Corps in accordance
with subchapter VI of chapter 5 of title 5,’’.
(23) Section 303(c)(3) of the Independent Safe-
ty Board Act of 1974 (49 U.S.C. App. 1902(c)(3))
is amended by striking ‘‘, attorneys, and administra-
tive law judges’’ and inserting ‘‘and attorneys’’.
(24) Section 304(b)(1) of the Independent
Safety Board Act of 1974 (49 U.S.C. App.
1903(b)(1)) is amended in the first sentence by
striking ‘‘employed by or’’.
(c) REFERENCES IN OTHER LAWS.—Reference in
any other Federal law to an administrative law judge or
hearing examiner or to an administrative law judge, hear-
ing examiner, or employee appointed under section 3105
of title 5, United States Code, shall be deemed to refer
to an administrative law judge of the Administrative Law
Judge Corps established by section 598 of title 5, United
States Code.
SEC. 8. OPERATION OF THE CORPS.
Operation of the Corps shall commence on the date
the first chief administrative law judge of the Corps takes
office.
SEC. 9. CONTRACT DISPUTES ACT.
Nothing in this Act or the amendments made by this
Act shall be deemed to affect any agency board established
pursuant to the Contract Disputes Act (41 U.S.C. 601
and following), or any other person designated to resolve
claims or disputes pursuant to such Act.
SEC. 10. PAYMENT BY CERTAIN AGENCIES FOR ADMINIS-
TRATIVE LAW JUDGE SALARIES AND EX-
PENSES.
Any agency which before the effective date of this Act
paid the salaries and expenses of administrative law
judges from fees charged by such agency shall on and
after the effective date of this Act pay from such fees to
the chief judge of the Administrative Law Judge Corps,
or the designee of the chief judge, an amount necessary
to reimburse the salaries and expenses of the Corps for
services provided by the Corps to such agency.
SEC. 11. 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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