IC 

114TH CONGRESS 

1ST SESSION S. 1580 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2015 

Referred to the Committee on Oversight and Government Reform 

AN ACT 

To allow additional appointing authorities to select 

individuals from competitive service certificates. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Competitive Service 

3 Act of 2015’’. 

4 SEC. 2. ADDITIONAL APPOINTING AUTHORITIES FOR COM5 PETITIVE SERVICE. 

6 (a) IN GENERAL.—Section 3318 of title 5, United 

7 States Code, is amended— 

8 (1) by redesignating subsections (b) and (c) as 

9 subsections (c) and (d), respectively; and 

10 (2) by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) OTHER APPOINTING AUTHORITIES.— 

13 ‘‘(1) IN GENERAL.—During the 240-day period 

14 beginning on the date of issuance of a certificate of 

15 eligibles under section 3317(a), an appointing au16 thority other than the appointing authority request17 ing the certificate (in this subsection referred to as 

18 the ‘other appointing authority’) may select an indi19 vidual from that certificate in accordance with this 

20 subsection for an appointment to a position that 

21 is— 

22 ‘‘(A) in the same occupational series as the 

23 position for which the certification of eligibles 

24 was issued (in this subsection referred to as the 

25 ‘original position’); and 


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1 ‘‘(B) at a similar grade level as the origi2 nal position. 

3 ‘‘(2) APPLICABILITY.—An appointing authority 

4 requesting a certificate of eligibles may share the 

5 certificate with another appointing authority only if 

6 the announcement of the original position provided 

7 notice that the resulting list of eligible candidates 

8 may be used by another appointing authority. 

9 ‘‘(3) REQUIREMENTS.—The selection of an in10 dividual under paragraph (1)— 

11 ‘‘(A) shall be made in accordance with sub12 section (a); and 

13 ‘‘(B) subject to paragraph (4), may be 

14 made without any additional posting under sec15 tion 3327. 

16 ‘‘(4) INTERNAL NOTICE.—Before selecting an 

17 individual under paragraph (1), and subject to the 

18 requirements of any collective bargaining obligation 

19 of the other appointing authority, the other appoint20 ing authority shall— 

21 ‘‘(A) provide notice of the available posi22 tion to employees of the other appointing au23 thority; 


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1 ‘‘(B) provide up to 10 business days for 

2 employees of the other appointing authority to 

3 apply for the position; and 

4 ‘‘(C) review the qualifications of employees 

5 submitting an application. 

6 ‘‘(5) COLLECTIVE BARGAINING OBLIGATIONS.— 

7 Nothing in this subsection limits any collective bar8 gaining obligation of an agency under chapter 71.’’. 

9 (b) ALTERNATIVE RANKING AND SELECTION PROCE10 DURES.—Section 3319 of title 5, United States Code, is 

11 amended by striking subsection (c) and inserting the fol12 lowing: 

13 ‘‘(c) SELECTION.— 

14 ‘‘(1) IN GENERAL.—An appointing official may 

15 select any applicant in the highest quality category 

16 or, if fewer than 3 candidates have been assigned to 

17 the highest quality category, in a merged category 

18 consisting of the highest and the second highest 

19 quality categories. 

20 ‘‘(2) USE BY OTHER APPOINTING OFFICIALS.— 

21 Under regulations prescribed by the Office of Per22 sonnel Management, appointing officials other than 

23 the appointing official described in paragraph (1) (in 

24 this subsection referred to as the ‘other appointing 


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1 official’) may select an applicant for an appointment 

2 to a position that is— 

3 ‘‘(A) in the same occupational series as the 

4 position for which the certification of eligibles 

5 was issued (in this subsection referred to as the 

6 ‘original position’); and 

7 ‘‘(B) at a similar grade level as the origi8 nal position. 

9 ‘‘(3) APPLICABILITY.—An appointing authority 

10 requesting a certificate of eligibles may share the 

11 certificate with another appointing authority only if 

12 the announcement of the original position provided 

13 notice that the resulting list of eligible candidates 

14 may be used by another appointing authority. 

15 ‘‘(4) REQUIREMENTS.—The selection of an in16 dividual under paragraph (2)— 

17 ‘‘(A) shall be made in accordance with this 

18 subsection; and 

19 ‘‘(B) subject to paragraph (5), may be 

20 made without any additional posting under sec21 tion 3327. 

22 ‘‘(5) INTERNAL NOTICE.—Before selecting an 

23 individual under paragraph (2), and subject to the 

24 requirements of any collective bargaining obligation 

25 of the other appointing authority (within the meanVerDate Sep 11 2014 00:29 Sep 19, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1580.RFH S1580

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1 ing given that term in section 3318(b)(1)), the other 

2 appointing official shall— 

3 ‘‘(A) provide notice of the available posi4 tion to employees of the appointing authority 

5 employing the other appointing official; 

6 ‘‘(B) provide up to 10 business days for 

7 employees of the other appointing authority to 

8 apply for the position; and 

9 ‘‘(C) review the qualifications of employees 

10 submitting an application. 

11 ‘‘(6) COLLECTIVE BARGAINING OBLIGATIONS.— 

12 Nothing in this subsection limits any collective bar13 gaining obligation of an agency under chapter 71. 

14 ‘‘(7) PREFERENCE ELIGIBLES.—Notwith15 standing paragraphs (1) and (2), an appointing offi16 cial may not pass over a preference eligible in the 

17 same category from which selection is made, unless 

18 the requirements of section 3317(b) and 3318(c), as 

19 applicable, are satisfied.’’. 

20 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 (1) Section 3319(c)(2) of title 5, United States 

22 Code, is amended by striking ‘‘3318(b)’’ and insert23 ing ‘‘3318(c)’’. 


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1 (2) Section 9510(b)(5) of title 5, United States 

2 Code, is amended by striking ‘‘3318(b)’’ and insert3 ing ‘‘3318(c)’’. 

4 (d) REGULATIONS.—Not later than 1 year after the 

5 date of enactment of this Act, the Director of the Office 

6 of Personnel Management shall issue an interim final rule 

7 with comment to carry out the amendments made by this 

8 section. 

Passed the Senate September 17, 2015. 

Attest: JULIE E. ADAMS, 

Secretary. 


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