US Codex
Bill
Notes

To restore administrative law judges to the competitive service.

S. 3387 · 115th Congress · Aug 23, 2018 · Lineage

A BILL

Section 1 Appointment of administrative law judges

(a)
In general— Section 3105 of title 5, United States Code is amended to read as follows:

“3105. Appointment of administrative law judges

“(a) Authority To appoint—Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557.

“(b) Competitive service—Administrative law judge positions shall be positions in the competitive service.

“(c) Appointment—Administrative law judges shall be appointed by the head of an agency from a list of eligible candidates provided by the Office of Personnel Management or based upon approval of the qualifications of the individual by the Office of Personnel Management.

“(d) Assignment—Administrative law judges shall be assigned to cases in rotation as far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.”

(b)
Conversion of positions— With respect to any individual serving on the date of enactment of this Act in an excepted service position as an administrative law judge appointed under section 3105 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, the head of the agency employing the administrative law judge shall convert the appointment to a permanent appointment in the competitive service in the agency.