[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3387 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3387

    To restore administrative law judges to the competitive service.


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                   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

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                                 A BILL


 
    To restore administrative law judges to the competitive service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. APPOINTMENT OF ADMINISTRATIVE LAW JUDGES.

    (a) In General.--Section 3105 of title 5, United States Code is 
amended to read as follows:
``Sec. 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.
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