I 
117TH CONGRESS 
1ST SESSION H. R. 4448 
To restore administrative law judges to the competitive service, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 16, 2021 
Mr. CONNOLLY (for himself and Mr. FITZPATRICK) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Administrative Law 
Judges Competitive Service Restoration Act’’. 
SEC. 2. APPOINTMENT OF ADMINISTRATIVE LAW JUDGES. 
(a) IN GENERAL.—Section 3105 of title 5, United 
States Code, is amended to read as follows: 
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‘‘§ 3105. Appointment of administrative law judges 
‘‘(a) SELECTION; EXAMINATION.—Administrative 
law judges shall be appointed by the head of an Executive 
agency from a list of eligible candidates provided by the 
Office of Personnel Management based upon successful 
examination and approval of the qualifications of the indi-
vidual by the Office. 
‘‘(b) MINIMUM QUALIFICATIONS AND CONDITIONS 
OF EMPLOYMENT.— 
‘‘(1) LICENSURE.—At the time of application 
for a position, the individual must possess a profes-
sional license to practice law under the laws of a 
State, the District of Columbia, the Commonwealth 
of Puerto Rico, or any territorial court. 
‘‘(2) QUALIFYING EXPERIENCE.—To be eligible 
to serve as an administrative law judge, an indi-
vidual shall have not less than 7 years of experience 
as a licensed attorney preparing for, litigating, adju-
dicating, participating in, or reviewing formal hear-
ings or trials involving civil, criminal, or administra-
tive law at the Federal, State, or local level. 
‘‘(c) COMPETITIVE
SERVICE.—Administrative law 
judge positions shall be positions in the competitive serv-
ice. 
‘‘(d) ASSIGNMENT.—Administrative law judges shall 
be assigned to cases in rotation as far as practicable, and 
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may not perform duties inconsistent with their duties and 
responsibilities as administrative law judges. 
‘‘(e) AUTHORITY
AND ROLE
OF ADMINISTRATIVE 
LAW JUDGES
IN RELATION
TO EXECUTIVE AGENCY 
HEADS.— 
‘‘(1) CHIEF ALJ.—A chief administrative law 
judge shall report directly to the head of the Execu-
tive agency at which the chief is appointed. 
‘‘(2) ALJ.—An administrative law judge (in 
this paragraph referred to as an ‘ALJ’) shall report 
directly to the chief administrative law judge (if any) 
of the Executive agency at which the ALJ is ap-
pointed. If there is no chief administrative law 
judge, the ALJ shall report directly to the head of 
such Executive agency. 
‘‘(3) CLARIFICATION.—Nothing in this sub-
section shall be construed to limit or otherwise miti-
gate the ability or independence of an administrative 
law judge in carrying out his or her duties and re-
sponsibilities as an administrative law judge.’’. 
(b) EXEMPTION FROM PROBATIONARY PERIOD.— 
Section 3321(c) of title 5, United States Code, is amended 
to read as follows: 
‘‘(c) Subsections (a) and (b) of this section shall not 
apply with respect to appointments in the Senior Execu-
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tive Service, the Federal Bureau of Investigation and 
Drug Enforcement Administration Senior Executive Serv-
ice, any individual covered by section 1599e of title 10, 
or any individual appointed to an administrative law judge 
position.’’. 
(c) CLARIFICATION OF APPLICATION OF DISCIPLI-
NARY PROCEDURES.—Notwithstanding the amendments 
made by this Act that classify administrative law judges 
within the competitive service, an administrative law judge 
shall not be subject to subchapter I or II of chapter 75 
of title 5, United States Code, and shall be subject to the 
requirements of subchapter III of such chapter. 
(d) CONVERSIONS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), with respect to any individual serving on 
the date of the enactment of this Act in an excepted 
service position as an administrative law judge ap-
pointed under section 3105 of title 5, United States 
Code, as in effect on the day before the date of the 
enactment of this Act, not later than 30 days after 
such date of enactment the head of an Executive 
agency (as that term is defined in section 105 of 
such title) employing the individual shall non-
competitively convert such individual to a career ap-
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