II Calendar No. 1100 110th CONGRESS 2d Session S. 967 IN THE SENATE OF THE UNITED STATES March 22, 2007 Mr. Akaka introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs October 1 (legislative day, September 17), 2008 Reported by Mr. Lieberman, with amendments Omit the part struck through and insert the part printed in italic A BILL To amend chapter 41 of title 5, United States Code, to provide for the establishment and authorization of funding for certain training programs for supervisors of Federal employees.

1.

Short title

This Act may be cited as the Federal Supervisor Training Act of 2007.

2.

Mandatory training programs for supervisors

(a)

In general

Section 4121 of title 5, United States Code, is amended— (1)by inserting before In consultation with the following: (a)In this section, the term supervisor means— (1)a supervisor as defined under section 7103(a)(10); (2)a management official as defined under section 7103(a)(11); and (3)any other employee as the Director of the Office of Personnel Management may by regulation prescribe. ; (2)by striking In consultation with and inserting (b) Under operating standardscompetencies promulgated by, and in consultation with,; and (3)by striking paragraph (2) (of the matter redesignated as subsection (b) as a result of the amendment under paragraph (2) of this subsection) and inserting the following: (2)(A)a program to provide interactive instructor-based training to supervisors on actions, options, and strategies a supervisor may use in— (i)developing and discussing relevant goals and objectives together with the employee, communicating and discussing progress relative to performance goals and objectives and conducting performance appraisals; (ii)mentoring and motivating employees and improving employee performance and productivity; (iii)effectively managing employees with unacceptable performance; (iv)addressing reports of a hostile work environment, reprisal, or harassment of, or by, another supervisor or employee; and (v)otherwise carrying out the duties or responsibilities of a supervisor; (B)a program to provide interactive instructor-based training to supervisors on the prohibited personnel practices under section 2302 (particularly with respect to such practices described under subsection (b) (1) and (8) of that section) and the procedures and processes used to enforce employee rights; and (C)a program under which experienced supervisors mentor new supervisors by— (i)transferring knowledge and advice in areas such as communication, critical thinking, responsibility, flexibility, motivating employees, teamwork, and professional development; and (ii)pointing out strengths and areas for development. (c)(1)Not later than 1 year after the date on which an individual is appointed to the position of supervisor, that individual shall be required to have completed each program established under subsection (b)(2). (2)After completion of a program under subsection (b)(2) (A) and (B), each supervisor shall be required to complete a program under subsection (b)(2) (A) and (B) at least once during each 3-year periodevery 3 years. (3)Each program established under subsection (b)(2) shall include provisions under which credit shall be given for periods of similar training previously completed. (d)Notwithstanding section 4118(c), the Director of the Office of Personnel Management shall prescribe regulations to carry out this section, including the monitoring of agency compliance with this section. Such regulations shall include measures by which to assess the effectiveness of agency supervisor training programs. . (b)

Regulations

Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations in accordance with subsection (d) of section 4121 of title 5, United States Code, as added by subsection (a) of this section. (c)

Effective date and application

(1)

In general

The amendments made by this section shall take effect 180 days after the date of enactment of this Act and apply to— (A)each individual appointed to the position of a supervisor, as defined under section 4121(a) of title 5, United States Code, (as added by subsection (a) of this section) on or after that effective date; and (B)each individual who is employed in the position of a supervisor on that effective date as provided under paragraph (2). (2)

Supervisors on effective date

Each individual who is employed in the position of a supervisor on the effective date of this section shall be required to— (A)complete each program established under section 4121(b)(2) of title 5, United States Code (as added by subsection (a) of this section), not later than 3 years after the effective date of this section; and (B)complete programs every 3 years thereafter in accordance with section 4121(c) (2) and (3) of such title.

3.

Management competency standardscompetencies

(a)

In general

Chapter 43 of title 5, United States Code, is amended— (1)by redesignating section 4305 as section 4306; and (2)inserting after section 4304 the following:

4305.

Management competency standardscompetencies

(a)In this section, the term supervisor means— (1)a supervisor as defined under section 7103(a)(10); (2)a management official as defined under section 7103(a)(11); and (3)any other employee as the Director of the Office of Personnel Management may by regulation prescribe. (b)The Director of the Office of Personnel Management shall issue guidance to agencies on standardscompetencies supervisors are expected to meet in order to effectively manage, and be accountable for managing, the performance of employees. (c)Each agency shall— (1)develop standardscompetencies to assess the performance of each supervisor and in developing such standardscompetencies shall consider the guidance developed by the Director of the Office of Personnel Management under subsection (b) and any other qualifications or factors determined by the agency; (2)assess the overall capacity of the supervisors in the agency to meet the guidance developed by the Director of the Office of Personnel Management issued under subsection (b); and (3)develop and implement a supervisor training program to strengthen issues identified during such assessment.; and (4)measure the effectiveness of the supervisor training program established under paragraph (3) in improving supervisor competence. (d)Every year, or on any basis requested by the Director of the Office of Personnel Management, each agency shall submit a report to the Office on the progress of the agency in implementing this section, including measures used to assess program effectiveness.

. (b)

Technical and conforming amendments

(1)

Table of sections

The table of sections for chapter 43 of title 5, United States Code, is amended by striking the item relating to section 4305 and inserting the following: 4305. Management competency standards. 4306. Regulations. 4305. Management competencies. 4306. Regulations. . (2)

Reference

Section 4304(b)(3) of title 5, United States Code, is amended by striking section 4305 and inserting section 4306.

October 1 (legislative day, September 17), 2008 Reported with amendments