99–006 

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 

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ance 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 

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sional 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 highperformance 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. 


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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 


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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. 


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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. 


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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 


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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. 

Æ 


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