House Report 111-662 - FEDERAL BUILDINGS PERSONNEL TRAINING ACT OF 2010

[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.