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[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
```