S.950 - Administrative Law Judge Corps Act100th Congress (1987-1988)
|Sponsor:||Sen. Heflin, Howell [D-AL] (Introduced 04/08/1987)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 02/16/1988 Subcommittee on Courts and Administrative Practice. Approved for full committee consideration without amendment favorably. (All Actions)|
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Summary: S.950 — 100th Congress (1987-1988)All Information (Except Text)
Introduced in Senate (04/08/1987)
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 that 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 that 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 concerning the business of the Corps during the preceding fiscal year.
Establishes between four and ten divisions within the Corps, with each division headed by a division chief judge appointed initially 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: (1) assign judges to divisions and to transfer or reassign judges from one division to another; (2) create or abolish divisions of the corps; (3) appoint persons as administrative law judges and members of the Corps; (4) file charges against an administrative law judge; (5) prescribe certain rules of practice and procedure for proceedings before the Corps; (6) issue rules and regulations for the efficient conduct of the Corps; and (7) perform other administrative functions.
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 Council 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 Procedure Act. Requires cases arising under such sections to be referred to the Corps. Directs the Council to issue regulations for assigning such cases.
Requires 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 Corps' 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.