[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1580 Introduced in Senate (IS)]

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.

    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;
                    ``(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, 
        unless the requirements of section 3317(b) and 3318(c), as 
        applicable, are satisfied.''.
    (c) Technical and Conforming Amendments.--
            (1) Section 3319(c)(2) of title 5, United States Code, is 
        amended by striking ``3318(b)'' and inserting ``3318(c)''.
            (2) 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.
                                 <all>