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
To amend title 41, United States Code, to prohibit minimum educational 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 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:
(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.