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S. 79Senate119th Congress (2025-2027)In Committee

ACCESS Act

Sponsored by James LankfordSen. James Lankford (R-OK)
Introduced January 13, 2025

AI-Generated Summary

Updated November 24, 2025 at 3:38 AM UTC

The ACCESS Act changes federal procurement rules so that government contracts cannot set minimum education standards for contractor workers unless a contracting officer explains in writing why such a requirement is essential. It directs the OMB to issue guidance on how to justify and consider alternatives to education requirements, and it sets a timeline for the rule to take effect and for a GAO compliance report. The bill also removes an older education‑requirement clause from the Federal Acquisition Regulation.

Key Provisions

  • Adds a new rule that contract solicitations cannot require a minimum level of education for contractor personnel unless the contracting officer provides a written justification explaining why the agency’s needs cannot be met without that requirement.
  • Requires the Office of Management and Budget to issue guidance within 180 days on how contracting officers should justify, review, and consider alternatives to education requirements.
  • Makes the new rule apply to solicitations issued at least 15 months after the law takes effect.
  • Repeals a specific education‑requirement provision from the 2001 National Defense Authorization Act that was part of the Federal Acquisition Regulation.
  • Mandates that the Government Accountability Office submit a compliance evaluation to Congress within three years of enactment.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

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

Homeland Security and Governmental Affairs Committee

January 13, 2025

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SenateIntro Referral

Introduced in Senate

January 13, 2025

SenateIntro Referral

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

Homeland Security and Governmental Affairs Committee

January 13, 2025

Bill Text

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Introduced in SenateIssued January 13, 2025

II

119th CONGRESS

1st Session

S. 79

IN THE SENATE OF THE UNITED STATES

January 13, 2025

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

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.

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 of this title.

.

(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 January 3, 2025, is repealed as of the date that the guidance required by subsection (c) becomes effective.

(f)

GAO report

Not later than 3 years 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.