[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5960 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5960

 To amend the Fair Labor Standards Act of 1938 to impose restrictions 
  relating to prospective employees' educational credentials, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2023

Mr. Krishnamoorthi (for himself and Mr. James) introduced the following 
                                  bill

                            October 25, 2023

        Referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Labor Standards Act of 1938 to impose restrictions 
  relating to prospective employees' educational credentials, 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 ``Opportunity to Compete Act''.

SEC. 2. RESTRICTIONS RELATING TO PROSPECTIVE EMPLOYEES' EDUCATIONAL 
              CREDENTIALS.

    The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is 
amended by inserting after section 7 the following new section:

``SEC. 8. GUIDANCE RELATING TO EDUCATIONAL CREDENTIALS.

    ``(a) In General.--Except as provided in subsection (b), an 
employer may only use, in the consideration of prospective employees 
for a position of employment, a computerized hiring system if such 
system--
            ``(1) discloses to the prospective employee the median 
        years or expected years of experience required for a position, 
        which may include experience received through military service, 
        community college, training programs, and some college; and
            ``(2) if the employer requires a bachelor's degree for the 
        position, considers a prospective employee who has the required 
        years of experience described in paragraph (1) as meeting the 
        degree requirement.
    ``(b) Waiver of Requirement.--
            ``(1) In general.--The Secretary of Labor shall provide an 
        exemption to the requirements under paragraph (2) of subsection 
        (a) with respect to certain positions of employment with an 
        employer if such employer demonstrates to the satisfaction of 
        the Secretary that--
                    ``(A) the skills and knowledge required for such 
                position of employment cannot reasonably be obtained 
                without a bachelor's degree; and
                    ``(B) the employer discloses the requirement of a 
                bachelor's degree to all prospective employees in a 
                timely manner.
            ``(2) 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 require.
            ``(3) Timeline for exemption application.--The Secretary of 
        Labor shall--
                    ``(A) not later than 7 days after receiving an 
                application for an exemption, notify the employer 
                submitting such application that the Secretary of Labor 
                has received their application; and
                    ``(B) not later than 14 days after receiving such 
                an application, notify such employer whether the 
                application has been accepted or denied.
    ``(c) Exemption for Certain Employers.--An employer that employs 
less than 500 employees shall not be subject to the requirements of 
this section.
    ``(d) Enforcement.--Not later than 1 year after the date of 
enactment of the Opportunity to Compete Act, the Secretary of Labor 
shall establish appropriate procedures for the enforcement of this 
section.
    ``(e) Computerized Hiring System Defined.--For the purposes of this 
section, the term `computerized hiring system' means a recruitment 
management system, recruitment marketing system, applicant tracking 
system, or any other computer-based system that receives, manages, 
tracks, evaluates, or responds to applications for employment.''.
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