II 

Calendar No. 228 

114TH CONGRESS 

1ST SESSION S. 1580 

[Report No. 114–143] 

To allow additional appointing authorities to select individuals from 

competitive service certificates. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2015 

Mr. TESTER (for himself, Mr. PORTMAN, Mr. CARDIN, Mr. MORAN, Ms. 

HEITKAMP, Mr. ENZI, and Mr. JOHNSON) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

SEPTEMBER 15, 2015 

Reported by Mr. JOHNSON, without amendment 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2015’’. 


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1 SEC. 2. ADDITIONAL APPOINTING AUTHORITIES FOR COM2 PETITIVE SERVICE. 

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

4 States Code, is amended— 

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

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

7 (2) by inserting after subsection (a) the fol8 lowing: 

9 ‘‘(b) OTHER APPOINTING AUTHORITIES.— 

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

11 beginning on the date of issuance of a certificate of 

12 eligibles under section 3317(a), an appointing au13 thority other than the appointing authority request14 ing the certificate (in this subsection referred to as 

15 the ‘other appointing authority’) may select an indi16 vidual from that certificate in accordance with this 

17 subsection for an appointment to a position that 

18 is— 

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

20 position for which the certification of eligibles 

21 was issued (in this subsection referred to as the 

22 ‘original position’); and 

23 ‘‘(B) at a similar grade level as the origi24 nal position. 

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

26 requesting a certificate of eligibles may share the 


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1 certificate with another appointing authority only if 

2 the announcement of the original position provided 

3 notice that the resulting list of eligible candidates 

4 may be used by another appointing authority. 

5 ‘‘(3) REQUIREMENTS.—The selection of an in6 dividual under paragraph (1)— 

7 ‘‘(A) shall be made in accordance with sub8 section (a); and 

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

10 made without any additional posting under sec11 tion 3327. 

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

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

14 requirements of any collective bargaining obligation 

15 of the other appointing authority, the other appoint16 ing authority shall— 

17 ‘‘(A) provide notice of the available posi18 tion to employees of the other appointing au19 thority; 

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

21 employees of the other appointing authority to 

22 apply for the position; and 

23 ‘‘(C) review the qualifications of employees 

24 submitting an application. 


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1 ‘‘(5) COLLECTIVE BARGAINING OBLIGATIONS.— 

2 Nothing in this subsection limits any collective bar3 gaining obligation of an agency under chapter 71.’’. 

4 (b) ALTERNATIVE RANKING AND SELECTION PROCE5 DURES.—Section 3319 of title 5, United States Code, is 

6 amended by striking subsection (c) and inserting the fol7 lowing: 

8 ‘‘(c) SELECTION.— 

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

10 select any applicant in the highest quality category 

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

12 the highest quality category, in a merged category 

13 consisting of the highest and the second highest 

14 quality categories. 

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

16 Under regulations prescribed by the Office of Per17 sonnel Management, appointing officials other than 

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

19 this subsection referred to as the ‘other appointing 

20 official’) may select an applicant for an appointment 

21 to a position that 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 ‘‘(3) 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 ‘‘(4) REQUIREMENTS.—The selection of an in10 dividual under paragraph (2)— 

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

12 subsection; and 

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

14 made without any additional posting under sec15 tion 3327. 

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

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

18 requirements of any collective bargaining obligation 

19 of the other appointing authority (within the mean20 ing given that term in section 3318(b)(1)), the other 

21 appointing official shall— 

22 ‘‘(A) provide notice of the available posi23 tion to employees of the appointing authority 

24 employing the other appointing official; 


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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 ‘‘(6) COLLECTIVE BARGAINING OBLIGATIONS.— 

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

9 ‘‘(7) PREFERENCE ELIGIBLES.—Notwith10 standing paragraphs (1) and (2), an appointing offi11 cial may not pass over a preference eligible in the 

12 same category from which selection is made, unless 

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

14 applicable, are satisfied.’’. 

15 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

17 Code, is amended by striking ‘‘3318(b)’’ and insert18 ing ‘‘3318(c)’’. 

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

20 Code, is amended by striking ‘‘3318(b)’’ and insert21 ing ‘‘3318(c)’’. 

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

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

24 of Personnel Management shall issue an interim final rule 


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1 with comment to carry out the amendments made by this 

2 section. 


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Calendar No. 228 

114TH CONGRESS 

1ST SESSION S. 1580 

[Report No. 114–143] 

A BILL 

To allow additional appointing authorities to select 

individuals from competitive service certificates. 

SEPTEMBER 15, 2015 

Reported without amendment 


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