A bill to establish a specialized corps of judges necessary for certain Federal proceedings required to be conducted, and for other purposes.
Administrative Law Judge Corps Act - Amends Federal law to establish, in Washington, D.C., an Administrative Law Judge Corps (the Corps) comprised of all current administrative law judges.
States the chief administrative law judge shall be the chief administrative officer of the Corps as well as its presiding judge. Specifies the qualifications for chief judge. States such judge shall be appointed by the President, with the advice and consent of the Senate.
Directs the chief judge to submit a written report to the President and the Congress at the end of each fiscal year. Specifies contents.
Establishes between four and ten divisions within the Corps, with each division headed by a division chief judge appointed by the President, with the consent of the Senate. Identifies initial divisions and their respective areas of jurisdiction. Specifies qualifications required for division chief judges.
States that the Corps' policymaking body shall be the Council of the Corps (the Council), comprised of the chief judge and the division chief judges. Authorizes the Council to approve or disapprove: (1) the assignment of judges to divisions; (2) creation, abolition or reorganization of divisions; and (3) re-assignments of division chief judges.
Authorizes the Council to determine matters of general Corps policy, including: (1) issuing regulations for Corps proceedings; (2) creation or abolition of divisions or regional offices; (3) contractual transactions; and (4) delegation of functions to division chief judges.
Establishes a Judicial Nomination Commission (the Commission) to submit a list of qualified nominees for positions of chief judge and division chief judges. Specifies officials who shall appoint a member to the Commission. Sets the terms of initial Corps appointments and the procedure for filling vacancies. Prescribes a procedure for recommending appointments to the President.
Directs the Corps to appoint new judges from a register maintained by the Office of Personnel Management.
Confers jurisdiction upon members of the Corps to adjudicate cases under specified sections of the Administrative Procedures Act. Requires cases arising under such sections to be referred to the Corps. Directs the Council to issue regulations for assigning such cases.
Provides guidelines for the removal and discipline of administrative law judges. Establishes a Complaints Resolution Board within the Corps to recommend action upon complaints against the official conduct of judges. Details the membership of such Board and the procedures to be followed. Declares Board proceedings and the contents of complaints to be privileged and confidential. Exempts documents and reports considered by the Board from the disclosure and publication requirements of the Freedom of Information Act. Exempts the Board from compliance with the public meeting requirements of specified Federal law.
Directs the Corp's chief administrative law judge to study the various types of agency review to which decisions of administrative law judges are subject. Sets guidelines for such studies and directs the Council to report the findings of such studies to the President and the Congress.
Authorizes appropriations.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Referred to Subcommittee on Administrative Practice&Procedure.
Committee on Judiciary requested executive comment from Administrative Office of the U.S. Courts.
Subcommittee on Administrative Practice&Procedure. Hearings held.
Committee on Judiciary received executive comment from Administrative Office of the U.S. Courts.
Subcommittee on Administrative Practice&Procedure. Hearings concluded. Hearings printed: S.Hrg. 98-555.
Subcommittee on Administrative Practice&Procedure. Approved for full committee consideration with an amendment in the nature of a substitute favorably.
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