II 

118TH CONGRESS 

2D SESSION S. 4631 

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

requirements for proposed contractor personnel in certain contract solicitations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 8, 2024 

Mr. LANKFORD (for himself and Mr. PETERS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

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

education 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) DEFINITIONS.—In this section: 

11 ‘‘(1) EDUCATION REQUIREMENT.—The term 

12 ‘education requirement’ includes a requirement that 

13 can be met through— 

14 ‘‘(A) education; 

15 ‘‘(B) experience; or 

16 ‘‘(C) a combination of education and expe17 rience. 

18 ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive 

19 agency’ has the meaning given that term in section 

20 133. 

21 ‘‘(b) PROHIBITION.—A solicitation may not set forth 

22 any minimum education requirement for proposed con23 tractor personnel in order for a bidder to be eligible for 

24 award of a contract unless the contracting officer includes 

25 in the solicitation a written justification that explains why 

26 the needs of the executive agency cannot be met without 


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•S 4631 IS

1 such requirement and clarifies how the requirement en2 sures the needs are met.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

5 States Code, is amended by adding at the end the fol6 lowing new item: 

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

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

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

9 Office of Management and Budget shall issue guidance to 

10 executive agencies for implementing the amendment made 

11 by subsection (a) that includes the following: 

12 (1) Instructions for contracting officers on the 

13 manner in which the written justification require14 ment of section 3313(b) of title 41, United States 

15 Code, as added by subsection (a), may be met, in16 cluding a requirement that each use of an education 

17 requirement be separately determined, justified, and 

18 reviewed. 

19 (2) In the case of a solicitation in which edu20 cation requirements are included, instructions on 

21 how alternative certifications, industry-recognized 

22 credentials, and work-based learning programs, in23 cluding apprenticeships, may satisfy such require24 ments. 


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

2 section shall apply with respect to solicitations issued on 

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

4 enactment of this Act. 

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

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

7 General shall submit to Congress an evaluation of execu8 tive agency compliance with section 3313 of title 41, 

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

10 (f) DEFINITIONS.—In this section: 

11 (1) EDUCATION REQUIREMENT.—The term 

12 ‘‘education requirement’’ includes a requirement that 

13 can be met through— 

14 (A) education; 

15 (B) experience; or 

16 (C) a combination of education and experi17 ence. 

18 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

19 agency’’ has the meaning given that term in section 

20 133 of title 41, United States Code. 

Æ 


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