Text: S.1580 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-137 (03/18/2016)

 
[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;

[[Page 130 STAT. 311]]

                    ``(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,

[[Page 130 STAT. 312]]

        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:
---------------------------------------------------------------------------

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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