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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7887 Introduced in House (IH)]

<DOC>

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.

    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 ``Allowing Contractors to Choose 
Employees for Select Skills Act'' or the ``ACCESS Act''.

SEC. 2. USE OF REQUIREMENTS REGARDING EXPERIENCE AND EDUCATION OF 
              CONTRACTOR PERSONNEL.

    (a) Flexibility in Contractor Education Requirements.--Chapter 33 
of title 41, United States Code, is amended by adding at the end the 
following new section:
``Sec. 3313. Flexibility in contractor education requirements
    ``(a) Prohibition.--A solicitation may not set forth any minimum 
experience or educational 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 met.
    ``(b) Executive Agency Defined.--In this section, the term 
`executive agency' has the meaning given that term in section 133.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 33 of title 41, United States Code, is amended by adding at the 
end the following new item:

        ``Sec. 3313. Flexibility in contractor education 
                            requirements.''.
    (c) OMB Guidance.--Not later than 60 days after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget shall issue guidance to executive agencies for implementing the 
amendment made by subsection (a) that includes the following:
            (1) Instructions for contracting officers for the 
        justifications under section 3313(a) of title 41, United States 
        Code, as added by subsection (a), including a requirement that 
        each use of an education or experience requirement be 
        separately determined, justified, and reviewed.
            (2) In the case of a solicitation in which education and 
        work experience requirements are included, instructions on how 
        alternative certifications, industry-recognized credentials, 
        and work-based learning programs, including apprenticeships, 
        may satisfy such requirements.
    (d) Applicability.--The amendments made by this section shall apply 
with respect to solicitations issued on or after the date that is 180 
days after the date of the enactment of this Act.
    (e) GAO Report.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
an evaluation of executive agency compliance with section 3313 of title 
41, United States Code, as added by subsection (a).
    (f) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given that term in section 133 of 
title 41, United States Code.
                                 <all>
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