[Congressional Record Volume 161, Number 134 (Thursday, September 17, 2015)]
[Senate]
[Page S6819]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    COMPETITIVE SERVICE ACT OF 2015

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 228, S. 1580.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1580) to allow additional appointing authorities 
     to select individuals from competitive service certificates.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the bill 
be read a third time and passed and the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1580) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1580

       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.

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