I 

118TH CONGRESS 

2D SESSION H. R. 7225 

To restore administrative law judges to the competitive service, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2024 

Mr. CONNOLLY (for himself and Mr. FITZPATRICK) introduced the following 

bill; which was referred to the Committee on Oversight and Accountability 

A BILL 

To restore administrative law judges to the competitive 

service, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Administrative Law 

5 Judges Competitive Service Restoration Act’’. 

6 SEC. 2. APPOINTMENT OF ADMINISTRATIVE LAW JUDGES. 

7 (a) IN GENERAL.—Section 3105 of title 5, United 

8 States Code, is amended to read as follows: 


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1 ‘‘§ 3105. Appointment of administrative law judges 

2 ‘‘(a) SELECTION; EXAMINATION.—Administrative 

3 law judges shall be appointed by the head of an Executive 

4 agency from a list of eligible candidates provided by the 

5 Office of Personnel Management based upon successful 

6 examination and approval of the qualifications of the indi7 vidual by the Office. 

8 ‘‘(b) MINIMUM QUALIFICATIONS AND CONDITIONS

9 OF EMPLOYMENT.— 

10 ‘‘(1) LICENSURE.—At the time of application 

11 for a position, the individual must possess a profes12 sional license to practice law under the laws of a 

13 State, the District of Columbia, the Commonwealth 

14 of Puerto Rico, or any territorial court. 

15 ‘‘(2) QUALIFYING EXPERIENCE.—To be eligible 

16 to serve as an administrative law judge, an indi17 vidual shall have not less than 7 years of experience 

18 as a licensed attorney preparing for, litigating, adju19 dicating, participating in, or reviewing formal hear20 ings or trials involving civil, criminal, or administra21 tive law at the Federal, State, or local level. 

22 ‘‘(c) COMPETITIVE SERVICE.—Administrative law 

23 judge positions shall be positions in the competitive serv24 ice. 

25 ‘‘(d) ASSIGNMENT.—Administrative law judges shall 

26 be assigned to cases in rotation as far as practicable, and 


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1 may not perform duties inconsistent with their duties and 

2 responsibilities as administrative law judges. 

3 ‘‘(e) AUTHORITY AND ROLE OF ADMINISTRATIVE

4 LAW JUDGES IN RELATION TO EXECUTIVE AGENCY

5 HEADS.— 

6 ‘‘(1) CHIEF ALJ.—A chief administrative law 

7 judge shall report directly to the head of the Execu8 tive agency at which the chief is appointed. 

9 ‘‘(2) ALJ.—An administrative law judge (in 

10 this paragraph referred to as an ‘ALJ’) shall report 

11 directly to the chief administrative law judge (if any) 

12 of the Executive agency at which the ALJ is ap13 pointed. If there is no chief administrative law 

14 judge, the ALJ shall report directly to the head of 

15 such Executive agency. 

16 ‘‘(3) CLARIFICATION.—Nothing in this sub17 section shall be construed to limit or otherwise miti18 gate the ability or independence of an administrative 

19 law judge in carrying out his or her duties and re20 sponsibilities as an administrative law judge.’’. 

21 (b) EXEMPTION FROM PROBATIONARY PERIOD.— 

22 Section 3321(c) of title 5, United States Code, is amended 

23 to read as follows: 

24 ‘‘(c) Subsections (a) and (b) of this section shall not 

25 apply with respect to appointments in the Senior ExecuVerDate Sep 11 2014 07:35 Feb 07, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7225.IH H7225

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1 tive Service, the Federal Bureau of Investigation and 

2 Drug Enforcement Administration Senior Executive Serv3 ice, any individual covered by section 1599e of title 10, 

4 or any individual appointed to an administrative law judge 

5 position.’’. 

6 (c) CLARIFICATION OF APPLICATION OF DISCIPLI7 NARY PROCEDURES.—Notwithstanding the amendments 

8 made by this Act that classify administrative law judges 

9 within the competitive service, an administrative law judge 

10 shall not be subject to subchapter I or II of chapter 75 

11 of title 5, United States Code, and shall be subject to the 

12 requirements of subchapter III of such chapter. 

13 (d) CONVERSIONS.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), with respect to any individual serving on 

16 the date of the enactment of this Act in an excepted 

17 service position as an administrative law judge ap18 pointed under section 3105 of title 5, United States 

19 Code, as in effect on the day before the date of the 

20 enactment of this Act, not later than 30 days after 

21 such date of enactment the head of an Executive 

22 agency (as that term is defined in section 105 of 

23 such title) employing the individual shall non24 competitively convert such individual to a career apVerDate Sep 11 2014 07:35 Feb 07, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7225.IH H7225

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1 pointment in the competitive service in the Executive 

2 agency. 

3 (2) EXCEPTION.—Paragraph (1) shall not 

4 apply to any individual serving on the date of the 

5 enactment of this Act in an excepted service position 

6 as an administrative law judge and who was ap7 pointed under such section 3105, as in effect on the 

8 day before the date of the enactment of this Act, 

9 during the period beginning on July 11, 2018, and 

10 ending on such date of enactment. 

Æ 


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