S. 4631Senate118th Congress (2023-2025)In Committee

ACCESS Act

Introduced July 8, 2024

AI-Generated Summary

Updated January 20, 2026 at 5:42 PM UTC

The ACCESS Act amends Title 41 of the U.S. Code to stop federal agencies from requiring a minimum level of education for contractor personnel in certain contract solicitations unless a written justification is provided. It aims to give agencies more flexibility in hiring contractors and to encourage use of experience, certifications, or apprenticeships. The changes affect all federal contracting officers, contractors, and the agencies that procure goods and services.

Key Provisions

  • Solicitations cannot include minimum education requirements for contractor personnel unless the contracting officer provides a written justification explaining why the agency’s needs cannot be met without it.
  • The Director of OMB must issue guidance within 180 days on how contracting officers should justify and review any education requirements and on alternative credentials.
  • The new rules apply to solicitations issued 15 months after the law takes effect.
  • The law repeals the education‑requirement provision of FAR subpart 39.104 (Section 813 of the 2001 National Defense Authorization Act).
  • The Comptroller General must submit a GAO report on agency compliance within 36 months of enactment.

Legislative Activity

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4 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 680.

December 9, 2024

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SenateIntro Referral

Introduced in Senate

July 8, 2024

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

July 8, 2024

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

July 31, 2024

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute and an amendment to the title. With written report No. 118-277.

December 9, 2024

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 680.

December 9, 2024

Bill Text

2 versions available

Reading Mode
Latest
Reported to SenateIssued December 9, 2024

II

Calendar No. 680

118th CONGRESS

2d Session

S. 4631

[Report No. 118–277]

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.

1.

Short title

This Act may be cited as the Allowing Contractors to Choose Employees for Select Skills Act or the ACCESS Act.

2.

Use of requirements regarding experience and 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:

3313.

Flexibility in contractor education requirements

(a)

Definitions

In this section:

(1)

Education requirement

The term education requirement includes a requirement that can be met through—

(A)

education;

(B)

experience; or

(C)

a combination of education and experience.

(2)

Executive agency

The term executive agency has the meaning given that term in section 133.

(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.

.

(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:

Sec. 3313. Flexibility in contractor education requirements.

.

(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:

(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.

(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.

(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.

(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).

(f)

Definitions

In this section:

(1)

Education requirement

The term education requirement includes a requirement that can be met through—

(A)

education;

(B)

experience; or

(C)

a combination of education and experience.

(2)

Executive agency

The term executive agency has the meaning given that term in section 133 of title 41, United States Code.

1.

Short title

This Act may be cited as the Allowing Contractors to Choose Employees for Select Skills Act or the ACCESS Act.

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:

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..

December 9, 2024

Reported with an amendment and an amendment to the title