II 

114TH CONGRESS 

1ST SESSION S. 1580 

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, and Ms. 

HEITKAMP) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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’’. 

6 SEC. 2. ADDITIONAL APPOINTING AUTHORITIES FOR COM7 PETITIVE SERVICE. 

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

9 States Code, is amended— 


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

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

3 (2) by inserting after subsection (a) the fol4 lowing: 

5 ‘‘(b) OTHER APPOINTING AUTHORITIES.— 

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

7 beginning on the date of issuance of a certificate of 

8 eligibles under section 3317(a), an appointing au9 thority other than the appointing authority request10 ing the certificate (in this subsection referred to as 

11 the ‘other appointing authority’) may select an indi12 vidual from that certificate in accordance with this 

13 subsection for an appointment to a position that 

14 is— 

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

16 position for which the certification of eligibles 

17 was issued (in this subsection referred to as the 

18 ‘original position’); and 

19 ‘‘(B) at a similar grade level as the origi20 nal position. 

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

22 requesting a certificate of eligibles may share the 

23 certificate with another appointing authority only if 

24 the announcement of the original position provided 


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1 notice that the resulting list of eligible candidates 

2 may be used by another appointing authority. 

3 ‘‘(3) REQUIREMENTS.—The selection of an in4 dividual under paragraph (1)— 

5 ‘‘(A) shall be made in accordance with sub6 section (a); and 

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

8 made without any additional posting under sec9 tion 3327. 

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

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

12 requirements of any collective bargaining obligation 

13 of the other appointing authority, the other appoint14 ing authority shall— 

15 ‘‘(A) provide notice of the available posi16 tion to employees of the other appointing au17 thority; 

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

19 employees of the other appointing authority to 

20 apply for the position; and 

21 ‘‘(C) review the qualifications of employees 

22 submitting an application. 

23 ‘‘(5) COLLECTIVE BARGAINING OBLIGATIONS.— 

24 Nothing in this subsection limits any collective bar25 gaining obligation of an agency under chapter 71.’’. 


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1 (b) ALTERNATIVE RANKING AND SELECTION PROCE2 DURES.—Section 3319 of title 5, United States Code, is 

3 amended by striking subsection (c) and inserting the fol4 lowing: 

5 ‘‘(c) SELECTION.— 

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

7 select any applicant in the highest quality category 

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

9 the highest quality category, in a merged category 

10 consisting of the highest and the second highest 

11 quality categories. 

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

13 Under regulations prescribed by the Office of Per14 sonnel Management, appointing officials other than 

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

16 this subsection referred to as the ‘other appointing 

17 official’) may select an applicant for an appointment 

18 to a position that 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. 


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

2 requesting a certificate of eligibles may share the 

3 certificate with another appointing authority only if 

4 the announcement of the original position provided 

5 notice that the resulting list of eligible candidates 

6 may be used by another appointing authority. 

7 ‘‘(4) REQUIREMENTS.—The selection of an in8 dividual under paragraph (2)— 

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

10 subsection; and 

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

12 made without any additional posting under sec13 tion 3327. 

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

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

16 requirements of any collective bargaining obligation 

17 of the other appointing authority (within the mean18 ing given that term in section 3318(b)(1)), the other 

19 appointing official shall— 

20 ‘‘(A) provide notice of the available posi21 tion to employees of the appointing authority 

22 employing the other appointing official; 

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

24 employees of the other appointing authority to 

25 apply for the position; and 


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1 ‘‘(C) review the qualifications of employees 

2 submitting an application. 

3 ‘‘(6) COLLECTIVE BARGAINING OBLIGATIONS.— 

4 Nothing in this subsection limits any collective bar5 gaining obligation of an agency under chapter 71. 

6 ‘‘(7) PREFERENCE ELIGIBLES.—Notwith7 standing paragraphs (1) and (2), an appointing offi8 cial may not pass over a preference eligible in the 

9 same category from which selection is made, unless 

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

11 applicable, are satisfied.’’. 

12 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

14 Code, is amended by striking ‘‘3318(b)’’ and insert15 ing ‘‘3318(c)’’. 

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

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

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

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

21 of Personnel Management shall issue an interim final rule 

22 with comment to carry out the amendments made by this 

23 section. 

Æ 


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