[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4631 Reported in Senate (RS)]
<DOC>
Calendar No. 680
118th CONGRESS
2d Session
S. 4631
[Report No. 118-277]
To amend title 41, United States Code, to prohibit minimum education
requirements for proposed contractor personnel in certain contract
solicitations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 8, 2024
Mr. Lankford (for himself and Mr. Peters) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
December 9, 2024
Reported by Mr. Peters, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend title 41, United States Code, to prohibit minimum education
requirements for proposed contractor personnel in certain contract
solicitations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Allowing Contractors to
Choose Employees for Select Skills Act'' or the ``ACCESS
Act''.</DELETED>
<DELETED>SEC. 2. USE OF REQUIREMENTS REGARDING EXPERIENCE AND EDUCATION
OF CONTRACTOR PERSONNEL.</DELETED>
<DELETED> (a) Flexibility in Contractor Education Requirements.--
Chapter 33 of title 41, United States Code, is amended by adding at the
end the following new section:</DELETED>
<DELETED>``Sec. 3313. Flexibility in contractor education
requirements</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Education requirement.--The term `education
requirement' includes a requirement that can be met through--
</DELETED>
<DELETED> ``(A) education;</DELETED>
<DELETED> ``(B) experience; or</DELETED>
<DELETED> ``(C) a combination of education and
experience.</DELETED>
<DELETED> ``(2) Executive agency.--The term `executive
agency' has the meaning given that term in section
133.</DELETED>
<DELETED> ``(b) Prohibition.--A solicitation may not set forth any
minimum education requirement for proposed contractor personnel in
order for a bidder to be eligible for award of a contract unless the
contracting officer includes in the solicitation a written
justification that explains why the needs of the executive agency
cannot be met without such requirement and clarifies how the
requirement ensures the needs are met.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--The table of
sections for chapter 33 of title 41, United States Code, is amended by
adding at the end the following new item:</DELETED>
<DELETED>``Sec. 3313. Flexibility in contractor education
requirements.''.
<DELETED> (c) OMB Guidance.--Not later than 60 days after the date
of the enactment of this Act, the Director of the Office of Management
and Budget shall issue guidance to executive agencies for implementing
the amendment made by subsection (a) that includes the
following:</DELETED>
<DELETED> (1) Instructions for contracting officers on the
manner in which the written justification requirement of
section 3313(b) of title 41, United States Code, as added by
subsection (a), may be met, including a requirement that each
use of an education requirement be separately determined,
justified, and reviewed.</DELETED>
<DELETED> (2) In the case of a solicitation in which
education requirements are included, instructions on how
alternative certifications, industry-recognized credentials,
and work-based learning programs, including apprenticeships,
may satisfy such requirements.</DELETED>
<DELETED> (d) Applicability.--The amendments made by this section
shall apply with respect to solicitations issued on or after the date
that is 180 days after the date of the enactment of this Act.</DELETED>
<DELETED> (e) GAO Report.--Not later than 18 months after the date
of the enactment of this Act, the Comptroller General shall submit to
Congress an evaluation of executive agency compliance with section 3313
of title 41, United States Code, as added by subsection (a).</DELETED>
<DELETED> (f) Definitions.--In this section:</DELETED>
<DELETED> (1) Education requirement.--The term ``education
requirement'' includes a requirement that can be met through--
</DELETED>
<DELETED> (A) education;</DELETED>
<DELETED> (B) experience; or</DELETED>
<DELETED> (C) a combination of education and
experience.</DELETED>
<DELETED> (2) Executive agency.--The term ``executive
agency'' has the meaning given that term in section 133 of
title 41, United States Code.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Allowing Contractors to Choose
Employees for Select Skills Act'' or the ``ACCESS Act''.
SEC. 2. USE OF REQUIREMENTS REGARDING EDUCATION OF CONTRACTOR
PERSONNEL.
(a) Flexibility in Contractor Education Requirements.--Chapter 33
of title 41, United States Code, is amended by adding at the end the
following new section:
``Sec. 3313. Flexibility in contractor education requirements
``(a) Prohibition.--A solicitation may not set forth any minimum
education requirement for proposed contractor personnel in order for a
bidder to be eligible for award of a contract unless the contracting
officer includes in the solicitation a written justification that
explains why the needs of the executive agency cannot be met without
any such requirement and clarifies how the requirement ensures the
needs are met.
``(b) Executive Agency Defined.--In this section, the term
`executive agency' has the meaning given that term in section 133.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 33 of title 41, United States Code, is amended by adding at the
end the following new item:
``3313. Flexibility in contractor education requirements.''.
(c) OMB Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall issue guidance to the heads of executive agencies for
implementing the amendment made by subsection (a) that includes the
following:
(1) Instructions for contracting officers for the
justifications under section 3313(a) of title 41, United States
Code, as added by subsection (a), including a requirement that
each use of an education requirement be determined, justified,
and reviewed.
(2) Instructions for contracting officers that encourages
the use of alternatives to education requirements.
(d) Applicability.--The amendments made by this section shall apply
with respect to solicitations issued on or after the date that is 15
months after the date of the enactment of this Act.
(e) Repeal.--Section 813 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat.
1654A-214), as implemented in subpart 39.104 of the Federal Acquisition
Regulation, as in effect on July 1, 2024, is repealed as of the date
that the guidance required by subsection (c) becomes effective.
(f) GAO Report.--Not later than 36 months after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
an evaluation of executive agency compliance with section 3313 of title
41, United States Code, as added by subsection (a).
(g) Definitions.--In this section:
(1) Education.--The term ``education'' means an associate,
baccalaureate, graduate, or professional degree, specified
coursework, or other form of educational attainment awarded by
a junior or community college, college, or university that is
accredited as a collegiate institution by a recognized
accrediting agency or approved by the appropriate State
education authority under State law to grant associate or
higher degrees.
(2) Education requirement.--The term ``education
requirement'' includes a requirement that can be met either
through--
(A) education alone;
(B) education or experience; or
(C) a combination of education and experience.
(3) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 133 of title 41, United
States Code.
Amend the title so as to read: ``A bill to amend title 41,
United States Code, to prohibit minimum educational
requirements for proposed contractor personnel in certain
contract solicitations, and for other purposes.''.
Calendar No. 680
118th CONGRESS
2d Session
S. 4631
[Report No. 118-277]
_______________________________________________________________________
A BILL
To amend title 41, United States Code, to prohibit minimum education
requirements for proposed contractor personnel in certain contract
solicitations, and for other purposes.
_______________________________________________________________________
December 9, 2024
Reported with an amendment and an amendment to the title