S. 1580 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

An Act 

To allow additional appointing authorities to select individuals from competitive 

service certificates. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Competitive Service Act of 2015’’. 

SEC. 2. ADDITIONAL APPOINTING AUTHORITIES FOR COMPETITIVE 

SERVICE. 

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

is amended— 

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

(c) and (d), respectively; and 

(2) by inserting after subsection (a) the following: 

‘‘(b) OTHER APPOINTING AUTHORITIES.— 

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

on the date of issuance of a certificate of eligibles under section 

3317(a), an appointing authority other than the appointing 

authority requesting the certificate (in this subsection referred 

to as the ‘other appointing authority’) may select an individual 

from that certificate in accordance with this subsection for 

an appointment to a position that is— 

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

for which the certification of eligibles was issued (in this 

subsection referred to as the ‘original position’); and 

‘‘(B) at a similar grade level as the original position. 

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

a certificate of eligibles may share the certificate with another 

appointing authority only if the announcement of the original 

position provided notice that the resulting list of eligible candidates may be used by another appointing authority. 

‘‘(3) REQUIREMENTS.—The selection of an individual under 

paragraph (1)— 

‘‘(A) shall be made in accordance with subsection (a); 

and 

‘‘(B) subject to paragraph (4), may be made without 

any additional posting under section 3327. 

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

under paragraph (1), and subject to the requirements of any 

collective bargaining obligation of the other appointing 

authority, the other appointing authority shall— 

‘‘(A) provide notice of the available position to 

employees of the other appointing authority; 
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‘‘(B) provide up to 10 business days for employees 

of the other appointing authority to apply for the position; 

and 

‘‘(C) review the qualifications of employees submitting 

an application. 

‘‘(5) COLLECTIVE BARGAINING OBLIGATIONS.—Nothing in this 

subsection limits any collective bargaining obligation of an 

agency under chapter 71.’’. 

(b) ALTERNATIVE RANKING AND SELECTION PROCEDURES.—Section 3319 of title 5, United States Code, is amended by striking 

subsection (c) and inserting the following: 

‘‘(c) SELECTION.— ‘‘(1) IN GENERAL.—An appointing official may select any 

applicant in the highest quality category or, if fewer than 

3 candidates have been assigned to the highest quality category, 

in a merged category consisting of the highest and the second 

highest quality categories. 

‘‘(2) USE BY OTHER APPOINTING OFFICIALS.—Under regulations prescribed by the Office of Personnel Management, 

appointing officials other than the appointing official described 

in paragraph (1) (in this subsection referred to as the ‘other 

appointing official’) may select an applicant for an appointment 

to a position that is— 

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

for which the certification of eligibles was issued (in this 

subsection referred to as the ‘original position’); and 

‘‘(B) at a similar grade level as the original position. 

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

a certificate of eligibles may share the certificate with another 

appointing authority only if the announcement of the original 

position provided notice that the resulting list of eligible candidates may be used by another appointing authority. 

‘‘(4) REQUIREMENTS.—The selection of an individual under 

paragraph (2)— 

‘‘(A) shall be made in accordance with this subsection; 

and 

‘‘(B) subject to paragraph (5), may be made without 

any additional posting under section 3327. 

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

under paragraph (2), and subject to the requirements of any 

collective bargaining obligation of the other appointing 

authority (within the meaning given that term in section 

3318(b)(1)), the other appointing official shall— 

‘‘(A) provide notice of the available position to 

employees of the appointing authority employing the other 

appointing official; 

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

of the other appointing authority to apply for the position; 

and 

‘‘(C) review the qualifications of employees submitting 

an application. 

‘‘(6) COLLECTIVE BARGAINING OBLIGATIONS.—Nothing in this 

subsection limits any collective bargaining obligation of an 

agency under chapter 71. 

‘‘(7) PREFERENCE ELIGIBLES.—Notwithstanding paragraphs 

(1) and (2), an appointing official may not pass over a preference 

eligible in the same category from which selection is made, 
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unless the requirements of section 3317(b) and 3318(c), as 

applicable, are satisfied.’’. 

(c) TECHNICAL AND CONFORMING AMENDMENT.—Section 

9510(b)(5) of title 5, United States Code, is amended by striking 

‘‘3318(b)’’ and inserting ‘‘3318(c)’’. 

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

enactment of this Act, the Director of the Office of Personnel 

Management shall issue an interim final rule with comment to 

carry out the amendments made by this section. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.