[114th Congress Public Law 137]
[From the U.S. Government Publishing Office]
[[Page 309]]
COMPETITIVE SERVICE ACT OF 2015
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Public Law 114-137
114th Congress
An Act
To allow additional appointing authorities to select individuals from
competitive service certificates. <<NOTE: Mar. 18, 2016 - [S. 1580]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Competitive
Service Act of 2015.>>
SECTION 1. <<NOTE: 5 USC 101 note.>> 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) <<NOTE: Time period. Effective date.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. 5 USC 3318 note.>> 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.
Approved March 18, 2016.
LEGISLATIVE HISTORY--S. 1580:
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HOUSE REPORTS: No. 114-367 (Comm. on Oversight and Government Reform).
SENATE REPORTS: No. 114-143 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 161 (2015):
Sept. 17, considered and passed
Senate.
Vol. 162 (2016):
Feb. 29, considered and passed
House, amended.
Mar. 8, Senate concurred in House
amendment.
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