II 

116TH CONGRESS 

1ST SESSION S. 2348 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2019 

Ms. CANTWELL (for herself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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: 

9 ‘‘§ 3105. Appointment of administrative law judges 

10 ‘‘(a) APPOINTMENT.— 


kjohnson on DSK79L0C42 with BILLS
2 

•S 2348 IS

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

2 department and agency shall appoint as many ad3 ministrative law judges as are necessary for pro4 ceedings required to be conducted in accordance with 

5 sections 556 and 557. 

6 ‘‘(2) SELECTION; EXAMINATION.—Administra7 tive law judges shall be appointed by the head of an 

8 Executive department or an agency from a list of eli9 gible candidates provided by the Office of Personnel 

10 Management based upon successful examination and 

11 approval of the qualifications of the individual by the 

12 Office. 

13 ‘‘(b) MINIMUM QUALIFICATIONS AND CONDITIONS

14 OF EMPLOYMENT.— 

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

16 for a position and while serving as an administrative 

17 law judge, the individual must possess a professional 

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

19 District of Columbia, the Commonwealth of Puerto 

20 Rico, or any territorial court. 

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

22 to serve as an administrative law judge, an indi23 vidual shall have not less than 7 years of experience 

24 as a licensed attorney litigating or adjudicating forVerDate Sep 11 2014 00:54 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2348.IS S2348

kjohnson on DSK79L0C42 with BILLS
3 

•S 2348 IS

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 shall 

18 report directly to the chief administrative law judge 

19 (if any) of the Executive department or agency at 

20 which the administrative law judge is appointed. If 

21 there is no chief administrative law judge, the ad22 ministrative law judge shall report directly to the 

23 head of the Executive department or agency. 

24 ‘‘(3) CLARIFICATION.—Nothing in this sub25 section shall be construed to limit or otherwise mitiVerDate Sep 11 2014 00:54 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2348.IS S2348

kjohnson on DSK79L0C42 with BILLS
4 

•S 2348 IS

1 gate the ability or independence of an administrative 

2 law judge in carrying out the duties and responsibil3 ities of 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 

18 judge— 

19 (1) shall not be subject to subchapter I or II of 

20 chapter 75 of title 5, United States Code; and 

21 (2) shall be subject to the requirements of sub22 chapter III of that chapter. 

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

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

25 Act in an excepted service position as an administrative 


kjohnson on DSK79L0C42 with BILLS
5 

•S 2348 IS

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

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

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

4 date of enactment of this Act, the head of an Executive 

5 department listed in section 101 of title 5, United States 

6 Code, or the agency employing the administrative law 

7 judge shall convert the appointment to a permanent ap8 pointment in the competitive service in the Executive de9 partment or agency, as applicable. 

Æ 


kjohnson on DSK79L0C42 with BILLS