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.
Short title
This Act may be cited as the Allowing Contractors to Choose Employees for Select Skills Act
or the ACCESS Act
.
Use of requirements regarding experience and education of contractor personnel
Flexibility in contractor education requirements
Chapter 33 of title 41, United States Code, is amended by adding at the end the following new section:
Flexibility in contractor education requirements
Definitions
In this section:
Education requirement
The term education requirement includes a requirement that can be met through—
education;
experience; or
a combination of education and experience.
Executive agency
The term executive agency has the meaning given that term in section 133.
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.
.
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.
.
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:
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.
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.
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.
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).
Definitions
In this section:
Education requirement
The term education requirement includes a requirement that can be met through—
education;
experience; or
a combination of education and experience.
Executive agency
The term executive agency has the meaning given that term in section 133 of title 41, United States Code.
Short title
This Act may be cited as the Allowing Contractors to Choose Employees for Select Skills Act
or the ACCESS Act
.
Use of requirements regarding education of contractor personnel
Flexibility in contractor education requirements
Chapter 33 of title 41, United States Code, is amended by adding at the end the following new section:
Flexibility in contractor education requirements
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.
Executive agency defined
In this section, the term executive agency has the meaning given that term in section 133.
.
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.
.
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:
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.
Instructions for contracting officers that encourages the use of alternatives to education requirements.
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.
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.
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).
Definitions
In this section:
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.
Education requirement
The term education requirement
includes a requirement that can be met either through—
education alone;
education or experience; or
a combination of education and experience.
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