[House Report 111-662]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-662

======================================================================



 
            FEDERAL BUILDINGS PERSONNEL TRAINING ACT OF 2010

                                _______
                                

 November 30, 2010.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5112]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5112) to provide for the training 
of Federal building personnel, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                       PURPOSE OF THE LEGISLATION

    H.R. 5112, the ``Federal Buildings Personnel Training 
Act,'' authorizes the Administrator of General Services, in 
consultation with others, to establish core competencies 
relating to buildings operation and maintenance, energy 
management, sustainability, building performance, and other 
matters for Federal personnel and contract employees performing 
buildings operations functions in Federal buildings.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 5112 establishes core competencies for Federal 
employees and contract personnel working in certain building 
operations and maintenance disciplines to ensure that Federal 
buildings perform and are maintained in accordance with 
industry best practices. The American Recovery and Reinvestment 
Act (P.L. 111-5) (Recovery Act) provided $4.5 billion to the 
General Services Administration (GSA) to upgrade Federally 
owned facilities with more energy-efficient and sustainable 
building components and systems. H.R. 5112 will safeguard that 
investment, as well as other Federal investment in energy-
efficient building infrastructure, to ensure that this 
infrastructure is well maintained and operating at peak 
performance by ensuring that the Federal buildings operations 
workforce is trained and maintains certain competencies. This 
will ensure that Federal buildings and components are maximally 
productive and properly maintained to achieve the highest 
possible return on investment over the infrastructure's 
projected operating life.
    A recent Government Accountability Office (GAO) report 
(GAO-10-417) found that ``[t]ypically, operations and 
maintenance costs represent from 60 to 85 percent of the costs 
of a facility over its lifetime, while design and construction 
costs represent about 5 to 10 percent of these costs.'' This 
finding underscores the importance of optimizing the 
performance and care of building equipment and components which 
play a vital role in the energy efficiency of facilities. This 
legislation, by establishing core competencies for building 
operations personnel, enhances the likelihood that this 
optimization occurs. This legislation helps support energy 
efficiency goals established for Federal buildings in the 
Energy Policy Act of 2005 (P.L. 109-58) and the Energy 
Independence and Security Act of 2007 (P.L. 110-140).

                       SUMMARY OF THE LEGISLATION

Section 1. Short title

    Section 1 provides that the Act may be referred to as the 
``Federal Buildings Personnel Training Act of 2010.''

Sec. 2. Training of Federal building personnel

    Subsection (a) provides that, within 18 months of the date 
of enactment of this Act and annually thereafter, the 
Administrator of the General Services (Administrator) shall 
identify core competencies for Federal personnel performing 
certain buildings operations functions. These competencies are 
to be established only after consultation with appropriate 
industry associations, professional societies, and 
apprenticeship training providers, and only after a notice and 
comment period. This legislation applies not only to GSA 
facilities personnel, but also to other Federal agencies and 
other elements of the Federal Government with operational 
responsibility for a real property portfolio consisting of 
buildings, including the Department of Defense, the Department 
of Energy, the Department of Veterans Affairs, the Department 
of the Interior, and the Architect of the Capitol. The 
Committee on Transportation and Infrastructure intends that GSA 
will collaborate and consult with the heads of other Federal 
agencies and departments and with industry groups prior to 
promulgating a final rule. Moreover, although the legislation 
directs GSA to identify core competencies and to promulgate 
these as a leading practice, H.R. 5712 does not confer upon GSA 
any enforcement power over other Federal agencies and 
departments in terms of hiring or firing employees as a 
consequence of these standards.
    Subsection (a) also provides a list of the types of 
building functions around which the core competencies are to be 
designed. This list includes: buildings operations and 
maintenance, energy management, safety, and design functions. 
The Committee's understanding and intent is that the terms 
``safety'' and ``design'' modify the term ``energy 
management.'' That is, ``design,'' as used here, is not meant 
in the sense of architectural design, for which professional 
educational requirements and designations already exist, but 
rather in the sense of energy systems design and workplace 
planning in the context of optimizing the performance of energy 
systems, maximizing the use of daylight for task lighting, 
maximizing the use of passive energy systems and minimizing 
load requirements for heating, ventilation, and air 
conditioning systems. Three additional areas are listed in the 
bill as requiring the identification of core competencies: 
sustainability, water efficiency, and building performance 
measures.
    Subsection (b) directs the Administrator, in consultation 
with Federal agency heads and industry representatives, to 
identify appropriate coursework and/or training, or 
certifications, licenses, degrees, or registrations that will 
demonstrate acquisition of each core competency, for each of 
the functional areas specified in subsection (a).
    Subsection (c) requires that personnel working in the 
functional areas identified in subsection (a) must demonstrate 
that they possess each core competency appropriate to their 
employment. The means by which personnel demonstrate the core 
competencies is through possession or acquisition of the 
coursework, training, or designations described in subsection 
(b). Subsection (c) further provides that the core competencies 
must be demonstrated within one year after the date the core 
competency is identified or, for employees hired after the date 
of identification, one year from the date of hiring. This 
subsection further stipulates that, if an individual is to be 
hired for a period not to exceed one year to perform in one of 
the disciplines covered by the core competencies, the 
individual must demonstrate each required competency at the 
start of the employment period.
    Subsection (d) requires the Administrator, in consultation 
with others, to establish continuing education courses for the 
various competency areas to ensure that employees stay current 
with new developments in particular fields and industry best 
practices.
    Subsection (e) directs the Administrator, within 18 months 
of the date of enactment, and in consultation with the heads of 
other appropriate Federal agencies, to develop and recommend a 
curriculum related to facility management and the operation of 
high-performance buildings. The Administrator is also directed, 
after the initial development of a recommended curriculum, and 
annually thereafter to refresh that curriculum. The Committee 
understands that, while the Administrator has authority to 
``recommend'' a curriculum, such a curriculum will not be a 
mandatory requirement for employment for any Federal employee, 
but rather a course of study that, upon completion, could make 
an individual a preferred candidate for a position in 
facilities management, or a preferred candidate for promotion 
within the ranks of facilities management personnel.
    Subsection (f) applies the training requirements for core 
competencies identified elsewhere in section 2 to contractor 
personnel (``non-Federal personnel'') who perform buildings 
operations, maintenance, and other prescribed building 
functions on Federal buildings. This subsection also provides 
that the Administrator shall approve the manner in which 
contractors provide training to, and certify the acquisition 
of, core competencies by non-Federal personnel.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On April 22, 2010, Representative Russ Carnahan introduced 
H.R. 5112. On July 29, 2010, the Committee on Transportation 
and Infrastructure met in open session to consider H.R. 5112. 
The Committee ordered the bill reported favorably to the House 
by voice vote with a quorum present.
    Senator Thomas Carper introduced S. 3250 on April 22, 2010, 
the ``Federal Buildings Personnel Training Act of 2010.'' On 
May 20, 2010, the Committee on Environment and Public Works of 
the Senate reported the bill favorably to the Senate without 
amendment by a voice vote. S. Rept. 111-212. On July 20, 2010, 
the Senate passed S. 3250.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 5112 or ordering the bill reported. 
A motion to order H.R. 5112 reported favorably to the House was 
agreed to by voice vote with a quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
establish core competencies relating to buildings operation and 
maintenance, safety, sustainability, and other matters, for 
Federal personnel and contract employees performing buildings 
operations functions in Federal buildings.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 5112 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 5, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5112, the Federal 
Buildings Personnel Training Act of 2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 5112--Federal Buildings Personnel Training Act of 2010

    Summary: H.R. 5112 would require the General Services 
Administration (GSA) to develop and implement a governmentwide 
program to train and certify personnel performing building 
operations and maintenance activities in federal buildings.
    CBO estimates that implementing H.R. 5112 would increase 
the administrative costs of GSA and other federal agencies by 
$22 million over the 2011-2015 period, assuming the 
availability of appropriated funds. H.R. 5112 also could affect 
direct spending by agencies not funded through annual 
appropriations, such as the Tennessee Valley Authority and the 
Bonneville Power Administration; therefore, pay-as-you-go 
procedures apply. However, CBO estimates that any net increase 
in spending for training programs by those agencies would not 
be significant. Enacting H.R. 5112 would not affect revenues.
    H.R. 5112 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5112 is shown in the following table. 
The costs of this legislation fall within budget function 800 
(general government) and all budget functions that include 
rental payments for federal facilities.

----------------------------------------------------------------------------------------------------------------
                                                                      By fiscal year, in millions of dollars--
                                                                   ---------------------------------------------
                                                                     2011   2012   2013   2014   2015  2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.....................................      3      4      5      5      5        22
Estimated Outlays.................................................      3      4      5      5      5        22
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
5112 will be enacted in 2010 and that spending will follow 
historical patterns for similar activities.
    H.R. 5112 would direct GSA to identify, within 18 months, 
the core competencies needed by personnel that operate and 
maintain federal facilities. GSA would then identify training 
courses, professional certifications, and licenses that would 
be needed by such personnel.
    Information from GSA and private contractors suggests that 
about 40,000 people are involved in federal building 
operations, including about 1,500 federal employees. Based on 
information from GSA, CBO estimates that implementing H.R. 5112 
would increase GSA's administrative costs by about $2 million 
over the 2011-2012 period to develop core competencies in 
building management and to identify certification programs for 
federal building managers and related personnel. In addition, 
we estimate that other federal agencies would incur additional 
training costs for federal employees or contractors that 
provide building management services to the federal government. 
Based on information provided by GSA about similar 
governmentwide training programs, CBO estimates those costs 
would reach about $5 million annually by 2013.

Pay-As-You-Go considerations

    The Statutory Pay-As-You-Go Act of 2010 establishes budget 
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. H.R. 5112 could affect direct 
spending by agencies not funded through annual appropriations, 
such as the Tennessee Valley Authority and the Bonneville Power 
Administration; therefore, pay-as- you-go procedures apply. 
However, CBO estimates that any net increase in spending for 
training programs or contracts to operate federal buildings by 
those agencies would not be significant. Enacting H.R. 5112 
would not affect revenues. The net budgetary changes that are 
subject to pay-as-you-go procedures are shown in the following 
table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5112, THE FEDERAL BUILDINGS PERSONNEL TRAINING ACT OF 2010, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON
                                                   TRANSPORTATION AND INFRASTRUCTURE ON JULY 29, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0      0      0      0      0      0      0      0      0      0      0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 5112 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Previous CBO estimate: On June 16, 2010, CBO transmitted a 
cost estimate for S. 3250, the Federal Buildings Personnel 
Training Act of 2010, as ordered reported by the Senate 
Committee on Environment and Public Works on May 20, 2010. The 
pieces of legislation are similar as are the CBO cost 
estimates.
    Estimate prepared by: Federal Costs: Matthew Pickford; 
Impact on State, Local, and Tribal Governments: Elizabeth Cove 
Delisle; Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
5112 does not contain any earmarks, limited tax benefits, or 
limited tariff benefits under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 5112 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does relate to the 
terms and conditions of employment for certain categories of 
personnel in the employ of the Architect of the Capitol (AOC). 
More specifically, the core competencies and certification 
requirements will apply to buildings operation and maintenance 
employees of the AOC. The AOC is a ``Federal agency'' within 
the meaning of the term as used in the Act. The AOC fully 
expects to be engaged as a participant with GSA in the 
identification of core competencies and in the development of 
the appropriate training and certification programs that will 
demonstrate possession of the core competencies. H.R. 5112 does 
not confer upon GSA any new power of audit, enforcement, or 
government-wide reporting, and therefore the Committee intends 
that the Administrator will have the authority to promulgate 
standards of competency that will apply to certain Federal 
buildings operations personnel including those working on 
legislative branch buildings, but will not have authority to: 
direct the AOC in terms of hiring or retention of employees; 
conduct audits of the AOC; or require the AOC to report on 
compliance with standards.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 5112 makes no changes in existing law.

                                  
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