I
106TH CONGRESS
2D SESSION
H. R. 5177
To establish the Administrative Law Judge Conference of the United States,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 14, 2000
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-
‘‘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(l);
‘‘(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
3105 before or after the effective date of this sub-
chapter; and
‘‘(4) the term ‘chief judge’ means the chief ad-
ministrative law judge appointed and serving under
section 599.
‘‘§ 598. Establishment; membership
‘‘There is established the Administrative Law Judge
Conference of the United States consisting of all adminis-
trative law judges appointed under section 599A.
‘‘§ 599. Chief administrative law judge
‘‘(a) APPOINTMENT; TERM; PAY.—The chief admin-
istrative law judge shall be the chief administrative officer
and presiding judge of the Conference. The chief judge
shall be appointed by the President, by and with the advice
and consent of the Senate. The chief judge shall have
served as an administrative law judge for at least 5 years
immediately before the date of appointment. The term of
office of the chief judge shall be 5 years or, after expira-
tion of 5 years, until a successor is appointed and qualifies
to serve. A chief judge may be reappointed by the Presi-
dent, by and with the advice and consent of the Senate,
for 1 additional term upon the expiration of the first 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) POWERS OF THE CHIEF JUDGE.—The chief
judge shall—
‘‘(1) enhance and develop the administrative
law process and the administrative law judge func-
tion;
‘‘(2) develop training programs, in coordination
with the agencies, to promote judicial education, spe-
cialization, and efficiency of administrative law
judges;
‘‘(3) consult with agencies and the Office of
Management and Budget regarding resources nec-
essary to support administrative law judge functions;
‘‘(4) study instances when administrative law
judges are directed by an agency not to follow deci-
sions of Federal circuit courts of appeal because of
nonacquiescence by the agency for which the judge
presides and report the findings to the President
and the Congress; and
‘‘(5) make rules and procedures to implement
the functions of the Conference. The chief judge
shall make an annual written report to the President
and the Congress including recommendations to im-
prove the administrative adjudicative process.
‘‘(d) TRANSFER.—All functions of the Office of Per-
sonnel Management with respect to administrative law
judges are 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 administrative law judge shall be as-
signed by the chief judge to such agency for the adjudica-
tion of cases for the agency. Each administrative law
judge appointed at the time of the date of enactment of
this section shall be assigned to the agency the administra-
tive law judge was assigned to at the time of the date
of enactment of this section. Subsequent assignments of
the administrative law judge shall be made with the con-
sent of the administrative law judge and the appointing
agency.
‘‘(b) AGENCIES.—Each agency with assigned admin-
istrative law judges shall be responsible to provide for all
budget, resources and support requirements for each ad-
ministrative 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. Jurisdiction
‘‘(a) REFERRAL OF CASES BY COURTS.—With the
approval of the agency to whom the administrative law
judge is assigned, courts are authorized to refer cases, or
portions thereof, to 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 or otherwise 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 rec-
ommendations, rulings, and findings of fact of the admin-
istrative law judge are subject to de novo review by the
referring court. The court shall provide for reimbursement
to the agency involved for costs relating to the administra-
tive law judge referral.
‘‘(b) SAVINGS CLAUSE.—The provisions of this sub-
chapter shall effect no change in—
‘‘(1) any agency’s rulemaking, interpretative, or
policy making 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.
‘‘§ 599C. Standards of conduct
‘‘The chief judge, after providing notice and a period
for comment, shall adopt and issue rules of judicial con-
duct for administrative law judges, consistent with the
Model Code of Judicial Conduct for administrative law
judges (American Bar Association, 1989). An administra-
tive law judge may not be removed, suspended, rep-
rimanded, or disciplined except as provided in section
7521. The rules of judicial conduct for administrative law
judges shall provide for a voluntary alternative dispute
resolution process that shall be conducted at the request
of the administrative law judge.’’.
(b) SATISFACTION
OF OTHER PROCEDURAL RE-
QUIREMENTS.—Compliance with subchapter VI of chapter
5 of title 5, United States Code, as added by subsection
(a), shall satisfy all requirements imposed under section
916 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $5,000,000 for fiscal year
2000 for the Administrative Law Judge Conference of the
United States.
(d) CLERICAL 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—THE ADMINISTRATIVE LAW JUDGE
CONFERENCE OF THE UNITED STATES
‘‘597. Definitions.
‘‘598. Establishment; membership.
‘‘599. Chief administrative law judge.
‘‘599A. Administrative law judges.
‘‘599B. Jurisdiction.
‘‘599C. Standards of conduct.’’.
SEC. 4. TRANSITION PROVISIONS.
(a) TRANSFERS.—There shall be transferred to the
Administrative Law Judge Conference of the United
States established under section 598 of title 5, United
States Code, the personnel, property, unexpended balances
of appropriations, allocations, and other funds employed
and held by the Office of Personnel Management and re-
lating to the administrative law function administered by
the Office of Personnel Management. Appropriations, au-
thorizations, allocations, and other funds paid or trans-
ferred by agencies to the Office of Personnel Management
for the administration of the administrative law judge