I 

118TH CONGRESS 

2D SESSION H. R. 7887 

To amend title 41, United States Code, to prohibit minimum experience 

or educational requirements for proposed contractor personnel in certain 

contract solicitations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2024 

Ms. MACE (for herself and Mr. KRISHNAMOORTHI) introduced the following 

bill; which was referred to the Committee on Oversight and Accountability 

A BILL 

To amend title 41, United States Code, to prohibit minimum 

experience or educational requirements for proposed contractor personnel in certain contract solicitations, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Allowing Contractors 

5 to Choose Employees for Select Skills Act’’ or the ‘‘AC6 CESS Act’’. 


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1 SEC. 2. USE OF REQUIREMENTS REGARDING EXPERIENCE 

2 AND EDUCATION OF CONTRACTOR PER3 SONNEL. 

4 (a) FLEXIBILITY IN CONTRACTOR EDUCATION RE5 QUIREMENTS.—Chapter 33 of title 41, United States 

6 Code, is amended by adding at the end the following new 

7 section: 

8 ‘‘§ 3313. Flexibility in contractor education require9 ments 

10 ‘‘(a) PROHIBITION.—A solicitation may not set forth 

11 any minimum experience or educational requirement for 

12 proposed contractor personnel in order for a bidder to be 

13 eligible for award of a contract unless the contracting offi14 cer includes in the solicitation a written justification that 

15 explains why the needs of the executive agency cannot be 

16 met without any such requirement and clarifies how the 

17 requirement ensures the needs are met. 

18 ‘‘(b) EXECUTIVE AGENCY DEFINED.—In this sec19 tion, the term ‘executive agency’ has the meaning given 

20 that term in section 133.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 The table of sections for chapter 33 of title 41, United 

23 States Code, is amended by adding at the end the fol24 lowing new item: 

‘‘Sec. 3313. Flexibility in contractor education requirements.’’. 


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1 (c) OMB GUIDANCE.—Not later than 60 days after 

2 the date of the enactment of this Act, the Director of the 

3 Office of Management and Budget shall issue guidance to 

4 executive agencies for implementing the amendment made 

5 by subsection (a) that includes the following: 

6 (1) Instructions for contracting officers for the 

7 justifications under section 3313(a) of title 41, 

8 United States Code, as added by subsection (a), in9 cluding a requirement that each use of an education 

10 or experience requirement be separately determined, 

11 justified, and reviewed. 

12 (2) In the case of a solicitation in which edu13 cation and work experience requirements are in14 cluded, instructions on how alternative certifications, 

15 industry-recognized credentials, and work-based 

16 learning programs, including apprenticeships, may 

17 satisfy such requirements. 

18 (d) APPLICABILITY.—The amendments made by this 

19 section shall apply with respect to solicitations issued on 

20 or after the date that is 180 days after the date of the 

21 enactment of this Act. 

22 (e) GAO REPORT.—Not later than 18 months after 

23 the date of the enactment of this Act, the Comptroller 

24 General shall submit to Congress an evaluation of execuVerDate Sep 11 2014 01:36 Apr 10, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7887.IH H7887

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1 tive agency compliance with section 3313 of title 41, 

2 United States Code, as added by subsection (a). 

3 (f) EXECUTIVE AGENCY DEFINED.—In this section, 

4 the term ‘‘executive agency’’ has the meaning given that 

5 term in section 133 of title 41, United States Code. 

Æ 


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