Fitzpatrick offers bipartisan bill to secure impartial appointments of ALJs

To ensure independent and nonpartisan appointments of Administrative Law Judges (ALJs), U.S. Rep. Brian Fitzpatrick (R-PA) on Feb. 5 cosponsored a bipartisan bill that would once again make ALJs members of the competitive civil service. 

“Decisions made by administrative law judges have an overwhelming impact on Americans’ Social Security, Medicare, veterans’ benefits, and more,” Rep. Fitzpatrick said on Monday. “It is vital that these decisions are made by impartial, well-qualified judges selected for their merit and expertise, not political affiliation.”

Approximately 2,000 ALJs currently serve in agencies across the Executive Branch, adjudicating administrative proceedings that affect issues such as labor relations, public health, social security benefits, and national security.

ALJs in July 2018 were removed from the competitive service and placed into the excepted service, which is outside the reach of normal hiring and employment protections and not subject to requirements for minimum qualifications, according to a bill summary provided by Rep. Fitzpatrick’s staff.

If enacted, the ALJ Competitive Service Restoration Act, H.R. 7225, which is sponsored by U.S. Rep. Gerry Connolly (D-VA), would reestablish ALJs as members of the competitive civil service who are appointed by the heads of executive departments or agencies and who meet minimum qualifications, the summary says.

“The civil service is our nation’s greatest asset, and its independent, apolitical nature is paramount to the federal government’s ability to serve the American people,” said Rep. Connolly. “The federal workforce must remain free from political interference. This bill is essential to restoring civil service rights and protections to ALJs and to protecting the position from infiltration by partisan operatives.”

H.R. 7225 has garnered support from the American College of Legal Medicine, the Association of Administrative Law Judges, and the International Federation of Professional and Technical Engineers.