To amend title 41, United States Code, to require the head of each executive agency to consider the existence of qualified training programs of contractors in the award of certain contracts.

I 116TH CONGRESS 1ST SESSION H. R. 533 To amend title 41, United States Code, to require the head of each executive agency to consider the existence of qualified training programs of con- tractors in the award of certain contracts. IN THE HOUSE OF REPRESENTATIVES JANUARY 14, 2019 Mr. BROWN of Maryland (for himself, Ms. BONAMICI, and Ms. CLARKE of New York) introduced the following bill; which was referred to the Com- mittee on Oversight and Reform A BILL To amend title 41, United States Code, to require the head of each executive agency to consider the existence of qualified training programs of contractors in the award of certain contracts. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. CONSIDERATION OF CONTRACTORS WITH 3 QUALIFIED TRAINING PROGRAMS. 4 (a) CONSIDERATION OF CONTRACTORS WITH QUALI- 5 FIED TRAINING PROGRAMS.— 6 VerDate Sep 11 2014 22:06 Jan 28, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H533.IH H533 kjohnson on DSK79L0C42 with BILLS 2 •HR 533 IH (1) IN GENERAL.—Chapter 47 of title 41, 1 United States Code, is amended by inserting after 2 section 4712 the following new section: 3 ‘‘§ 4713. Consideration of contractors with qualified 4 training programs 5 ‘‘(a) CONSIDERATION.—The head of each executive 6 agency shall, to the maximum extent practicable, consider 7 the existence of qualified training programs of contractors 8 by requiring a contracting officer, in the evaluation of of- 9 fers for any contract in an amount greater than 10 $25,000,000— 11 ‘‘(1) to consider the existence of a qualified 12 training program of an offeror as a factor in the 13 evaluation; 14 ‘‘(2) to give consideration to an offeror that 15 provides comprehensive training and education pro- 16 grams to develop its workforce, consistent with 17 needs of the agency; and 18 ‘‘(3) in the consideration of past performance of 19 an incumbent contractor, to consider the manner in 20 which the incumbent contractor is educating, invest- 21 ing, and retaining the contractor’s workforce. 22 ‘‘(b) INCENTIVES.—The head of each executive agen- 23 cy shall develop workforce development investment incen- 24 tives for contractors. 25 VerDate Sep 11 2014 22:06 Jan 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H533.IH H533 kjohnson on DSK79L0C42 with BILLS 3 •HR 533 IH ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec- 1 tion may be construed as altering or superceding the appli- 2 cability of existing work force development investment in- 3 centives for contractors. 4 ‘‘(d) QUALIFIED TRAINING PROGRAM DEFINED.— 5 The term ‘qualified training program’ means any of the 6 following: 7 ‘‘(1) A program eligible to receive funds under 8 the Workforce Innovation and Opportunity Act (29 9 U.S.C. 3101 et seq.). 10 ‘‘(2) A program eligible to receive funds under 11 the Carl D. Perkins Career and Technical Education 12 Act of 2006 (21 U.S.C. 2301 et seq.). 13 ‘‘(3) A program registered under the Act of Au- 14 gust 16, 1937 (commonly known as the ‘National 15 Apprenticeship Act’; Stat. 664, chapter 663; 29 16 U.S.C. 50 et seq.). 17 ‘‘(4) Any other Federal program determined to 18 be a qualified training program for purposes of this 19 section by the head of the executive agency.’’. 20 (2) CLERICAL AMENDMENT.—The table of sec- 21 tions at the beginning of such chapter is amended 22 by inserting after the item relating to section 4712 23 the following new item: 24 ‘‘4713. Consideration of contractors with qualified training programs.’’. VerDate Sep 11 2014 22:06 Jan 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H533.IH H533 kjohnson on DSK79L0C42 with BILLS 4 •HR 533 IH (b) APPLICABILITY.—This Act and the amendments 1 made by this Act apply with respect to contracts awarded 2 on or after the date that is 180 days after the date of 3 the enactment of this Act. 4 Æ VerDate Sep 11 2014 22:06 Jan 28, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H533.IH H533 kjohnson on DSK79L0C42 with BILLS