Employment Abundance Act
Officially: “Employment Abundance Act” Read the full text
What it does
Read it in plain language
1Short title
This section would let the Act be called the Employment Abundance Act.
Show official text
1. Short title This Act may be cited as the Employment Abundance Act .
2Federal contractor job classification review
This section would require two federal bodies to review how the government and its contractors use college-degree requirements in hiring. Within 1 year after this Act becomes law, the Federal Acquisition Regulatory Council would have to issue regulations requiring any federal contractor that enters into a contract subject to the Federal Acquisition Regulation to review all job classifications in its federal-contract-related workforce, identify each position that requires a bachelor's degree or higher as a condition of employment, and determine whether that degree requirement is demonstrably necessary to perform the job's essential functions. Within that same 1-year period, the Office of Personnel Management would have to issue similar regulations requiring every executive agency (as defined in section 105 of title 5, United States Code) to review all of its own job classifications, identify each position that requires a bachelor's degree or higher as a condition of appointment or promotion, and determine whether that requirement is demonstrably necessary for the job's essential functions. Within 180 days after those regulations take effect, each federal contractor would have to submit a report to the Federal Acquisition Regulatory Council listing the positions where a degree requirement was found to lack demonstrable occupational necessity, together with a plan to revise those job classifications that could include alternative criteria such as relevant work experience, certifications, or skills assessments. Each executive agency would have to submit a similar report to the Office of Personnel Management, listing the positions where a degree requirement was found to lack demonstrable job necessity, together with a plan to revise those classifications using the same kinds of alternative criteria. A contractor that fails to comply with these requirements could face administrative actions, including being made ineligible for future federal contracts, as decided by the Federal Acquisition Regulatory Council. An agency that fails to comply could face administrative actions under chapter 75 of title 5, United States Code, or other remedies decided by the Office of Personnel Management. The section would not stop a contractor or agency from keeping a degree requirement where the requirement is shown to be necessary for job performance or is required by law, regulation, or professional licensure standards. The section's requirements would apply to any contract entered into on or after the effective date of the Federal Acquisition Regulatory Council's regulations, and to any appointment or promotion occurring on or after the effective date of the Office of Personnel Management's regulations.
Show official text
2. Federal contractor job classification review (a) In general Not later than 1 year after the date of the enactment of this Act— (1) the Federal Acquisition Regulatory Council shall issue regulations that require any Federal contractor that enters into a contract subject to the Federal Acquisition Regulation to— (A) conduct a comprehensive review of all job classifications within their Federal contract-related workforce; (B) identify each position that requires a bachelor’s degree or higher as a condition of employment; and (C) determine whether such educational requirements are demonstrably necessary for the performance of essential job functions; and (2) the Office of Personnel Management shall issue regulations that require each Executive agency (as defined in section 105 of title 5, United States Code) to— (A) conduct a comprehensive review of all job classifications within such agency; (B) identify each position that requires a bachelor’s degree or higher as a condition of appointment or promotion; and (C) determine whether such educational requirements are demonstrably necessary for the performance of essential job functions. (b) Reporting requirement Not later than 180 days after the effective date of the regulations issued pursuant to subsection (a)— (1) each Federal contractor shall submit to the Federal Acquisition Regulatory Council a report outlining the results of its job classification review, including— (A) a list of positions where a degree requirement was determined to lack demonstrable occupational necessity; and (B) a plan to revise such job classifications, including alternative criteria that may be used, such as relevant work experience, certifications, or skills assessments; and (2) each executive agency shall submit to the Office of Personnel Management a report outlining the results of its job classification review, including— (A) a list of positions where a degree requirement was determined to lack demonstrable job necessity; and (B) a plan to revise such job classifications by including alternative criteria that may be used, such as relevant work experience, certifications, or skills assessments. (c) Compliance and enforcement Failure to comply with the requirements under this section may— (1) for Federal contractors, result in administrative actions, including ineligibility for future Federal contracts, as determined by the Federal Acquisition Regulatory Council; and (2) for agencies, result in administrative actions under chapter 75 of title 5, United States Code, or other remedies determined by the Office of Personnel Management. (d) Rule of construction Nothing in this section may be construed to prohibit Federal contractors or agencies from maintaining educational requirements for a case in which such requirements are shown to be necessary for job performance or are mandated by law, regulation, or professional licensure standards. (e) Applicability This section applies with respect to— (1) any contract entered into on and after the effective date of the regulations issued pursuant to subsection (a)(1); and (2) any appointment or promotion occurring on or after the effective date of the regulations issued pursuant to subsection (a)(2).
Where it is
In the House.