< Back to H.R. 4932 (107th Congress, 2001–2002)

Text of the Administrative Law Process Enhancement Act of 2002

This bill was introduced on June 13, 2002, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 13, 2002 (Introduced).

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HR 4932 IH

107th CONGRESS

2d Session

H. R. 4932

To amend the Social Security Act to establish an Office of Administrative Law Judges in the Social Security Administration.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 2002

Mr. GEKAS introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To amend the Social Security Act to establish an Office of Administrative Law Judges in the Social Security Administration.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Administrative Law Process Enhancement Act of 2002’.

SEC. 2. SOCIAL SECURITY ADMINISTRATION OFFICE OF ADMINISTRATIVE LAW JUDGES.

    Title VII of the Social Security Act is amended by inserting after section 705 (42 U.S.C. 906) the following new section:

‘OFFICE OF ADMINISTRATIVE LAW JUDGES

    ‘SEC. 706. (a)(1) An Office of Administrative Law Judges (hereinafter in this section referred to as the ‘Office’) is established in the Social Security Administration. Adjudication functions in the Social Security Administration relating to hearings before an administrative law judge shall be conducted in the Office.

    ‘(b) The head of the Office shall be the Chief Administrative Law Judge, who shall report directly to the Commissioner.

    ‘(c) The Chief Administrative Law Judge shall be responsible for taking personnel actions regarding administrative law judges, including assignment and removal of such judges, in accordance with the provisions of sections 1305, 3105, 3344, 4301(2)(E), 5335(a)(B), 5372, and 7521 of title 5, United States Code.

    ‘(d)(1) The Chief Administrative Law Judge shall be appointed by the Commissioner for a term of 6 years and may be reappointed for a second term. The Chief Administrative Law Judge may serve until the appointment of a qualified successor. To be eligible for appointment as Chief Administrative Law Judge, an individual shall have expertise in administrative law and have completed not less than 5 years of employment as an administrative law judge in the Social Security Administration.

    ‘(2) The Chief Administrative Law Judge may be removed by the Commissioner as provided in section 7521 of title 5, United States Code, for inefficiency, ineligibility, neglect of duty, malfeasance in office, or nonfeasance in office, and for no other cause. Removal from the position of Chief Administrative Law Judge shall not be considered removal as an administrative law judge employed by the Social Security Administration.

    ‘(3) If the Chief Administrative Law Judge resigns, is removed from office, or ceases to act, the Commissioner shall appoint a successor to serve the remainder of the term.

    ‘(4) At the end of the term of service as Chief Administrative Law Judge, the Chief Administrative Law Judge may return to employment as an administrative law judge employed by the Social Security Administration.

    ‘(5) The Commissioner shall initially appoint an administrative law judge to fill the position of Chief Administrative Law Judge under this section not later than 6 months after the date of the enactment of this section.

    ‘(6) Until the Chief Administrative Law Judge is appointed pursuant to this section, the incumbent Chief Administrative Law Judge may serve until his or her successor is appointed.

    ‘(e) The Chief Administrative Judge shall be compensated at the rate of AL-1 as provided in section 5372(b)(1) of title 5, United States Code.

    ‘(f) The Commissioner, through separate accounting, shall provide the Office and its personnel with necessary office facilities, supplies, support services, and related expenses to carry out the functions of the Office. For fiscal years after fiscal year 2003, the budget for the Office shall be submitted separately from the other budget categories of the Social Security Administration.

    ‘(g) The Commissioner shall appoint as many administrative law judges as are necessary to carry out administrative law judge proceedings required to be conducted by the Social Security Administration in accordance with the provisions of section 3105 of such title 5.’.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendment made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act.