Bill Details
S.79 - 119th Congress
Status
Latest action
2025-01-13 - Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced Date
2025-01-13
Policy Area
Government Operations and Politics
Committees
View committees (1)
Sponsors
Cosponsors
View cosponsors (1)
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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would make it harder for federal agencies to require a certain degree or school background when they ask companies to bid on government contracts. In general, agencies could not say that contractor staff must have a minimum education level unless the contracting officer gives a written reason showing why that requirement is truly needed. The bill is meant to give companies more flexibility to hire based on skills and experience instead of formal education alone, while still allowing education requirements when they are clearly justified.
- Agencies would need a written explanation if they want to include an education requirement in a contract solicitation, including why the job cannot be done without it and how the requirement supports the agency’s needs.
- The Office of Management and Budget would have to issue guidance within 180 days to help agencies apply the new rule. That guidance would tell contracting officers how to justify education requirements and encourage them to use other ways to judge qualifications when possible.
- The new rule would apply to contract solicitations issued 15 months after the law is enacted. A prior federal rule that allowed some education requirements for contractors would be repealed once the new guidance takes effect.
- Three years after enactment, the Government Accountability Office would report to Congress on how well federal agencies are following the new limits on education requirements.
Official Summaries
Allowing Contractors to Choose Employees for Select Skills Act or the ACCESS Act
This bill prohibits federal contract bid solicitations for contractor personnel from including minimum educational requirements unless the contracting officer justifies the requirements. The prohibition applies to educational requirements that may be met through education alone, education or experience, or a combination of education and experience.
The bill also requires the Office of Management and Budget to issue implementing guidance to federal agencies, including instructions for contracting officers that encourage using alternatives to education requirements.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 79 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 79
To amend title 41, United States Code, to prohibit minimum educational
requirements for proposed contractor personnel in certain contract
solicitations, and for other purposes.
_______________________________________________________________________
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.
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:
``Sec. 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.
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