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                                                       Calendar No. 437
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-212

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



 
            FEDERAL BUILDINGS PERSONNEL TRAINING ACT OF 2010

                                _______
                                

                 June 21, 2010.--Ordered to be printed

                                _______
                                

    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.

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                                                                          2011-
                                                        2011      2012      2013      2014      2015      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 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 By fiscal year, in millions of dollars--
                                                 -------------------------------------------------------------------------------------------------------
                                                                                                                                           2010-   2010-
                                                   2010    2011    2012    2013    2014    2015    2016    2017    2018    2019    2020    2015    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: 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.