,i  #aahth ,,congress  #ast ,session    
,h4 ,r4 #eifj  ,,in ,,the ,,house ,,of  
,,representatives  ,october #af1        
#bjbc,mr4 ,krishnamoorthi 7for himself  
and ,mr4 ,james7 introduced the         
following bill  ,october #be1           
#bjbc,referred to the ,committee on     
,education and the ,workforce  ,a ,,bill
  ,to amend the ,fair ,labor ,standards 
,act of #aich to impose restrictions    
relating to prospective employees'      
educational credentials1 and for other  
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,opportunity to     
,compete ,act4  #b4 ,restrictions       
relating to prospective employees'      
educational credentials ,the ,fair      
,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #bja et seq47 is amended by   
inserting after section #g the following
 new section3  #h4 ,guidance relating to
 educational credentials  7a7 ,in       
general ,except as provided in          
subsection 7b71 an employer may only    
use1 in the consideration of prospective

 employees for a position of employment1
 a computerized hiring system if such   
system-- 7#a7 discloses to the          
prospective employee the median years or
 expected years of experience required  
for a position1 which may include       
experience received through military    
service1 community college1 training    
programs1 and some college2 and  7#b7 if
 the employer requires a bachelor's     
degree for the position1 considers a    
prospective employee who has the        
required years of experience described  
in paragraph 7#a7 as meeting the degree 
requirement4  7b7 ,waiver of requirement
  7#a7 ,in general ,the ,secretary of   
,labor shall provide an exemption to the
 requirements under paragraph 7#b7 of   
subsection 7a7 with respect to certain  
positions of employment with an employer
 if such employer demonstrates to the   
satisfaction of the ,secretary that--   
7,a7 the skills and knowledge required  
for such position of employment cannot  
reasonably be obtained without a        

bachelor's degree2 and  7,b7 the        
employer discloses the requirement of a 
bachelor's degree to all prospective    
employees in a timely manner4  7#b7     
,application for exemption ,an employer 
seeking an exemption under this         
subsection shall submit an application  
for such exemption to the ,secretary of 
,labor at such time and in such manner  
as the ,secretary may require4  7#c7    
,timeline for exemption application ,the
 ,secretary of ,labor shall-- 7,a7 not  
later than #g days after receiving an   
application for an exemption1 notify the
 employer submitting such application   
that the ,secretary of ,labor has       
received their application2 and  7,b7   
not later than #ad days after receiving 
such an application1 notify such        
employer whether the application has    
been accepted or denied4  7c7 ,exemption
 for certain employers ,an employer that
 employs less than #ejj employees shall 
not be subject to the requirements of   
this section4  7d7 ,enforcement ,not    

later than #a year after the date of    
enactment of the ,opportunity to        
,compete ,act1 the ,secretary of ,labor 
shall establish appropriate procedures  
for the enforcement of this section4    
7e7 ,computerized hiring system defined 
,for the purposes of this section1 the  
term computerized hiring system means a 
recruitment management system1          
recruitment marketing system1 applicant 
tracking system1 or any other           
computer-based system that receives1    
manages1 tracks1 evaluates1 or responds 
to applications for employment4  4