[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4631 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4631

 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

_______________________________________________________________________

                                 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,

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 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:
``Sec. 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.
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