[Senate Report 111-212]
[From the U.S. Government Publishing Office]
Calendar No. 437
111th Congress Report
SENATE
2d Session 111-212
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FEDERAL BUILDINGS PERSONNEL TRAINING ACT OF 2010
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June 21, 2010.--Ordered to be printed
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Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 3250]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 3250) to provide for the training of
Federal building personnel, and for other purposes, having
considered the same, reports favorably thereon and recommends
that the bill do pass.
PURPOSES OF THE LEGISLATION
S. 3250 would require the Administrator of the U.S. General
Services Administration to develop core competencies to be
possessed and demonstrated by certain federal buildings
personnel.
GENERAL STATEMENT AND BACKGROUND
The American Recovery and Reinvestment Act included a
substantial investment of $5.5 billion apportioned to the
General Services Administration (GSA) to upgrade its
facilities. In order to safeguard this substantial investment,
the GSA must have all of the tools necessary to not only
upgrade its infrastructure, but also to ensure that these
buildings are properly maintained and operated at their highest
performance levels.
The Government Accountability Office has noted that federal
agencies face a number of challenges in meeting their energy
management goals (GAO 10-22). One of those challenges is the
rapid building and retrofitting of federal facilities, without
a focus on the individuals whose responsibility it is to
operate and maintain these facilities. To this point, a recent
study by the International Facilities Management Association
showed that for every $1 spent on facility management training,
organizations reported receiving an average of $3.95 in return.
As the nation continues to invest in making federal
buildings more energy efficient by building and retrofitting
them to high-performance standards, we must also ensure that
they perform up to these standards. This legislation will help
to ensure that federal buildings are operated in a way that
maximizes their performance--assuring that they retain value
throughout their lifecycles and that the taxpayer investment in
these properties is both protected and leveraged through the
cost savings involved with efficient building operations and
management.
While continuing to invest in America's infrastructure, it
is important to protect Federal assets through proper
operations and management, employing industry best practices,
and stressing the importance of continuing education for
facility management professionals.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 designates the short title of the bill as the
Federal Buildings Personnel Training Act of 2010.
Section 2. Training of Federal building personnel
Subsection (a) Identification of Core Competencies
Subsection (a) requires the GSA Administrator to work with
relevant professional societies, industry associations and
apprenticeship training providers, to identify core
competencies necessary for Federal personnel working in a
Federal facility. These core competencies shall include
building operations and maintenance, energy management,
sustainability, water efficiency, safety (including electrical
safety), and building performance measures.
Subsection (b) Designation of Relevant Courses,
Certifications, Degrees, Licenses, and
Registrations
Subsection (b) requires the GSA Administrator, to work with
relevant professional societies, industry associations and
apprenticeship training providers, to identify courses,
certifications, degrees, licenses or registrations that provide
for each core competency listed in subsection (a). Ongoing
training will also be identified. To the extent possible, the
GSA, out of already existing and appropriated funds, should
facilitate these relevant training regimens for the prescribed
personnel.
Subsection (c) Identified Competencies
Subsection (c) requires individuals working within each
core competency to demonstrate that they have the required
knowledge for that competency. It is not the intention of this
legislation to require personnel to demonstrate competencies
outside the realm of their routine responsibilities and duties.
For example, an individual working in energy management must
demonstrate energy management competency.
Subsection (c) also requires individuals to demonstrate the
core competency within one year after the core competencies are
identified. If someone is hired after this identification, they
will also have one year to demonstrate the core competency. If
an individual will work for less than one year, they must
demonstrate the core competency at the start of employment.
Subsection (d) Continuing Education
Subsection (d) requires the GSA Administrator to work with
relevant professional societies, industry associations and
apprenticeship training providers, to develop or identify
continuing education courses to ensure personnel keep up with
new developments and industry best practices and standards.
Subsection (e) Curriculum with Respect to Facility
Management and Operation of High-Performance
Buildings
Subsection (e) requires the GSA Administrator, working with
the Department of Energy's Office of Commercial High-
Performance Green Buildings, the GSA's Office of Federal High-
Performance Green Buildings, other appropriate heads of Federal
departments and agencies, and industry and labor groups, to
develop a recommended curriculum relating to facility
management and the operation of high-performance buildings.
This recommendation will be made within 18 months of the
legislation's enactment.
Subsection (f) Applicability of this Section to Functions
Performed Under Contract
Subsection (f) requires that the legislation apply to non-
Federal personnel performing the prescribed functions, and that
a contractor shall provide training to non-Federal personnel in
a manner that is approved by the Administrator.
LEGISLATIVE HISTORY
S. 3250 was introduced by Senators Carper and Collins on
March 22, 2010. The bill was read twice and referred to the
Senate Committee on Environment and Public Works. The Committee
met on May 20, 2010, when S. 3250 was ordered reported
favorably without amendment by voice vote.
ROLLCALL VOTES
There were no rollcall votes. The Committee on Environment
and Public Works met to consider S. 3250 on May 20, 2010. S.
3250 was reported favorably without amendment by a voice vote.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b)(2) of rule XXVI of the
Standing Rules of the Senate, the Committee states that there
are not expected to be significant costs to private entities
under this legislation.
MANDATES ASSESSMENT
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee finds that S. 3250 would
impose no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA).
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
June 16, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3250, 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,
Douglas W. Elmendorf.
Enclosure.
S. 3250--Federal Buildings Personnel Training Act of 2010
Summary: S. 3250 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 S. 3250 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. S. 3250 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 would
apply. CBO estimates, however, that any net increase in
spending for training programs by those agencies would not be
significant. Enacting S. 3250 would not affect revenues.
S. 3250 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 S. 3250 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.
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By fiscal year, in millions of dollars--
-----------------------------------------------------------
2011-
2011 2012 2013 2014 2015 2015
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level....................... 3 4 5 5 5 22
Estimated Outlays................................... 3 4 5 5 5 22
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Basis of estimate: For this estimate, CBO assumes that S.
3250 will be enacted in fiscal year 2010 and that spending will
follow historical patterns for similar activities.
S. 3250 would direct GSA to identify, within 18 months, the
core competencies needed by personnel at federal facilities who
perform building operations and maintenance. GSA would then
identify training courses, professional certifications, and
licenses that would be needed by federal facilities 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 S. 3250
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 a certification program for
federal building managers and personnel. In addition, we
estimate that federal agencies would incur additional training
costs for federal employees or federal contractors that provide
building management services to the federal government.
According to information provided by GSA and 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. S. 3250 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 would apply. CBO estimates,
however, that any net increase in spending for training
programs or contracts for federal building operations by those
agencies would not be significant. Enacting S. 3250 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 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
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By fiscal year, in millions of dollars--
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2010- 2010-
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020
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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
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Intergovernmental and private-sector impact: S. 3250
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
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.
CHANGES IN EXISTING LAW
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.