II 115th CONGRESS 2d Session S. 3387 IN THE SENATE OF THE UNITED STATES August 23, 2018 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.

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.