I 

116TH CONGRESS 

1ST SESSION H. R. 2429 

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

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2019 

Mr. CUMMINGS (for himself, Mr. FITZPATRICK, Mr. NEAL, Mr. RODNEY

DAVIS of Illinois, Mr. CONNOLLY, Mr. DANNY K. DAVIS of Illinois, Mr. 

SCOTT of Virginia, Mr. LARSON of Connecticut, Mr. COLE, and Mr. 

SMITH of New Jersey) introduced the following bill; which was referred 

to the Committee on Oversight and Reform 

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 ‘‘ALJ Competitive Serv5 ice 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) APPOINTMENT.— 

3 ‘‘(1) AUTHORITY.—The head of each Executive 

4 department and agency shall appoint as many ad5 ministrative law judges as are necessary for pro6 ceedings required to be conducted in accordance with 

7 sections 556 and 557. 

8 ‘‘(2) SELECTION; EXAMINATION.—Administra9 tive law judges shall be appointed by the head of an 

10 Executive department or an agency from a list of eli11 gible candidates provided by the Office of Personnel 

12 Management based upon successful examination and 

13 approval of the qualifications of the individual by the 

14 Office. 

15 ‘‘(b) MINIMUM QUALIFICATIONS AND CONDITIONS

16 OF EMPLOYMENT.— 

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

18 for a position and while serving as an administrative 

19 law judge, the individual must possess a professional 

20 license to practice law under the laws of a State, the 

21 District of Columbia, the Commonwealth of Puerto 

22 Rico, or any territorial court. 

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

24 to serve as an administrative law judge, an indi25 vidual shall have not less than 7 years of experience 

26 as a licensed attorney litigating or adjudicating forVerDate Sep 11 2014 01:39 May 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2429.IH H2429

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1 mal hearings or trials involving civil, criminal, or ad2 ministrative law at the Federal, State, or local level. 

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

4 judge positions shall be positions in the competitive serv5 ice. 

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

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

8 may not perform duties inconsistent with their duties and 

9 responsibilities as administrative law judges. 

10 ‘‘(e) AUTHORITY AND ROLE OF ADMINISTRATIVE

11 LAW JUDGES IN RELATION TO EXECUTIVE DEPARTMENT

12 OR AGENCY HEADS.— 

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

14 judge shall report directly to the head of the Execu15 tive department or agency at which the chief is ap16 pointed. 

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

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

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

20 of the Executive department or agency at which the 

21 ALJ is appointed. If there is no chief administrative 

22 law judge, the ALJ shall report directly to the head 

23 of such Executive department or agency. 

24 ‘‘(3) CLARIFICATION.—Nothing in this sub25 section shall be construed to limit or otherwise mitiVerDate Sep 11 2014 01:39 May 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2429.IH H2429

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1 gate the ability or independence of an administrative 

2 law judge in carrying out his or her duties and re3 sponsibilities as an administrative law judge.’’. 

4 (b) EXEMPTION FROM PROBATIONARY PERIOD.— 

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

6 to read as follows: 

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

8 apply with respect to appointments in the Senior Execu9 tive Service, the Federal Bureau of Investigation and 

10 Drug Enforcement Administration Senior Executive Serv11 ice, any individual covered by section 1599e of title 10, 

12 or any individual appointed to an administrative law judge 

13 position.’’. 

14 (c) CLARIFICATION OF APPLICATION OF DISCIPLI15 NARY PROCEDURES.—Notwithstanding the amendments 

16 made by this Act that classify administrative law judges 

17 within the competitive service, an administrative law judge 

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

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

20 requirements of subchapter III of such chapter. 

21 (d) CONVERSION OF POSITIONS.—With respect to 

22 any individual serving on the date of the enactment of this 

23 Act in an excepted service position as an administrative 

24 law judge appointed under section 3105 of title 5, United 

25 States Code, as in effect on the day before the date of 


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1 the enactment of this Act, not later than 30 days after 

2 such date of enactment, the head of an Executive depart3 ment or the agency employing the administrative law 

4 judge shall convert the appointment to a permanent ap5 pointment in the competitive service in the agency. 

Æ 


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