I
104TH CONGRESS
1ST SESSION
H. R. 1983
To provide that certain hearings functions of the Merit Systems Protection
Board be performed only by administrative law judges, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1995
Mr. GEKAS introduced the following bill; which was referred to the Committee
on Government Reform and Oversight
A BILL
To provide that certain hearings functions of the Merit Sys-
tems Protection Board be performed only by administra-
tive law judges, 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 ‘‘Merit Systems Protec-
tion Board Administrative Judges Protection Act of
1995’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) administrative law judges and other admin-
istrative judges who preside over agency proceedings,
many of which are of an adversarial nature, must be
able to maintain their impartiality in order to per-
form their duties effectively;
(2) administrative law judges appointed under
section 3105 of title 5, United States Code, are re-
quired to be assigned to cases in rotation, are enti-
tled to pay independent of agency recommendations
or ratings, and are not subject to agency perform-
ance appraisals under chapter 43 of title 5, United
States Code;
(3) because of such protections, administrative
law judges may perform their judicial functions inde-
pendently of influence from their agencies; and
(4) administrative judges of the Merit Systems
Protection Board, who lack such protections, may
not be able to act as impartially as administrative
law judges.
(b) PURPOSE.—It is the purpose of this Act to pro-
vide that certain hearing functions of the Merit Systems
Protection Board be performed only by administrative law
judges, in order to ensure the impartiality of individuals
presiding over administrative proceedings.
SEC. 3. ADMINISTRATIVE JUDGES OF MERIT SYSTEMS PRO-
TECTION BOARD.
(a) IN GENERAL.—Section 1204(b) of title 5, United
States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘, any administrative’’ and
inserting ‘‘and any administrative’’; and
(B) by striking ‘‘, and any employee of the
Board designated by the Board’’; and
(2) in paragraph (2)—
(A) by striking ‘‘, any administrative’’ and
inserting ‘‘and any administrative’’; and
(B) by striking ‘‘, and any employee of the
Board designated by the Board’’.
(b) STATUS OF EXISTING JUDGES.—Any employee
designated on or before October 1, 1998, by the Merit Sys-
tems Protection Board under paragraph (1) or (2) of sec-
tion 1204(b) of title 5, United States Code, to perform
functions described in either such paragraph who has reg-
ularly performed such functions for at least one year and
who meets the Office of Personnel Management’s criteria
for the position of administrative law judge, shall be
deemed to be an administrative law judge appointed by
the Merit Systems Protection Board under section 3105
of title 5, United States Code, immediately upon complet-
ing the required years of experience. No such employee
shall suffer a loss in grade, status, pay, or position as the
result of any action taken pursuant to this subsection.
Æ