,,ii  #aaith ,,congress  #ast ,session  
,s4 #gi  ,,in ,,the ,,senate ,,of ,,the 
,,united ,,states  ,january #ac1        
#bjbe,mr4 ,lankford 7for himself and    
,mr4 ,peters7 introduced the following  
bill2 which was read twice and referred 
to the ,committee on ,homeland ,security
 and ,governmental ,affairs  ,a ,,bill  
,to amend title #da1 ,united ,states    
,code1 to prohibit minimum educational  
requirements for proposed contractor    
personnel in certain contract           
solicitations1 and for other purposes4  
#a4 ,short title ,this ,act may be cited
 as the ,allowing ,contractors to       
,choose ,employees for ,select ,skills  
,act or the ,,access ,act4  #b4 ,use of 
requirements regarding education of     
contractor personnel  7a7 ,flexibility  
in contractor education requirements    
,chapter #cc of title #da1 ,united      
,states ,code1 is amended by adding at  
the end the following new section3      
#ccac4 ,flexibility in contractor       
education requirements  7a7 ,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 met4  7b7 ,executive      
agency defined ,in this section1 the    
term executive agency has the meaning   
given that term in section #acc of this 
title4  4  7b7 ,technical and conforming
 amendment ,the table of sections for   
chapter #cc of title #da1 ,united       
,states ,code1 is amended by adding at  
the end the following new item3  #ccac4 
,flexibility in contractor education    
requirements4  4  7c7 ,,omb guidance    
,not later than #ahj days after the date
 of the enactment of this ,act1 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 7a7 that includes the        
following3 7#a7 ,instructions for       
contracting officers for the            
justifications under section #ccac7;a7  
of title #da1 ,united ,states ,code1 as 
added by subsection 7a71 including a    
requirement that each use of an         
education requirement be determined1    
justified1 and reviewed4  7#b7          
,instructions for contracting officers  
that encourages the use of alternatives 
to education requirements4  7d7         
,applicability ,the amendments made by  
this section shall apply with respect to
 solicitations issued on or after the   
date that is #ae months after the date  
of the enactment of this ,act4  7e7     
,repeal ,section #hac of the ,floyd ,d4 
,spence ,national ,defense              
,authorization ,act for ,fiscal ,year   
#bjja 7,public ,law #ajf-cih2 #aad      
,stat4 #afed;,a-#bad71 as implemented in
 subpart #ci4ajd of the ,federal        

,acquisition ,regulation1 as in effect  
on ,january #c1 #bjbe1 is repealed as of
 the date that the guidance required by 
subsection 7c7 becomes effective4  7f7  
,,gao report ,not later than #c years   
after the date of the enactment of this 
,act1 the ,comptroller ,general shall   
submit to ,congress an evaluation of    
executive agency compliance with section
 #ccac of title #da1 ,united ,states    
,code1 as added by subsection 7a74  7g7 
,definitions ,in this section3 7#a7     
,education ,the term education means an 
associate1 baccalaureate1 graduate1 or  
professional degree1 specified          
coursework1 or other form of educational
 attainment awarded by a junior or      
community college1 college1 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 degrees4  7#b7 ,education        
requirement ,the term education         

requirement includes a requirement that 
can be met either through-- 7,a7        
education alone2  7,b7 education or     
experience2 or  7,c7 a combination of   
education and experience4  7#c7         
,executive agency ,the term executive   
agency has the meaning given that term  
in section #acc of title #da1 ,united   
,states ,code4