1.This Act may be cited as the
Federal Supervisor Training Act of
2010
.
2.Mandatory training
programs for supervisors
(a)Section 4121 of title 5, United States Code, is
amended—
(1)by inserting
before In consultation with
the following:
(a)In this
section—
(1)the term interactive
includes simultaneous personal interaction between an instructor and one or
more trainees;
(2)the term small agency
means
an agency that is a member organization of the Small Agency Council; and
(3)the term
supervisor means—
(A)a supervisor as
defined under section 7103(a)(10);
(B)a management
official as defined under section 7103(a)(11); and
(C)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
competencies 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
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)fostering a work environment
characterized by fairness, respect, equal opportunity, and attention paid to
the merit of the work of employees;
(iv)effectively managing employees
with unacceptable performance;
(v)addressing reports of a hostile
work environment, reprisal, or harassment of, or by, another supervisor or
employee; and
(vi)otherwise carrying out the duties
or responsibilities of a supervisor;
(B)a program to provide 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), employee collective bargaining and union
participation rights, 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, leadership, and professional development;
and
(ii)pointing out strengths and areas
for development.
(c)Training in
programs established under subsection (b)(2) (A) and (B) shall be interactive
for managers in their first year as a supervisor.
(d)(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 every 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.
(e)(1)If, due to unforeseen circumstances, an
individual cannot complete a program established under subsection (b) within
the deadline established under subsections (d)(1) or (d)(2), the Office of
Personnel Management shall regulate an appropriate schedule for such individual
to complete such program.
(2)Not later than 2 years after the date of
enactment of this subsection and annually thereafter, the Office of Personnel
Management shall submit a report to the Committee on Oversight and Government
Reform of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate. Such report shall include the number of
individuals who received an adjusted training schedule pursuant to paragraph
(1).
(f)(1)When consulting with the head of a small
agency in establishing a training program for such agency under subsection (b),
the Office of Personnel Management shall consult with the Small Agency Council.
Any such program established by such head must otherwise meet the requirements
of subsections (b), (c), and (d).
(2)Notwithstanding the requirements of
subsection (b) and with the prior written approval of the Office of Personnel
Management, the head of an agency that is not a small agency may use, in lieu
of establishing a training program under subsection (b), a training program
established by the head of a small agency under such subsection.
(g)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. Regulations prescribed under this
subsection shall include measures by which to assess the effectiveness of
agency supervisor training
programs.
.
(b)Not
later than 1 year after the date of enactment of this Act, the Director of the
Office of Personnel Management shall prescribe regulations in accordance with
subsection (g) of section 4121 of title 5, United States Code, as added by
subsection (a) of this section.
(c)Effective date
and application
(1)The amendments made by this section shall take effect 1
year 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 dateEach
individual who is employed in the position of a supervisor on the effective
date of this section and who is not subject to an adjusted schedule under
section 4121(e) of title 5, United States Code (as added by subsection (a) of
this section), shall be required to—
(A)complete each
program established under section 4121(b)(2) of such title (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(d) (2) and (3) of such
title.
3.
(a)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.
(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
competencies supervisors are expected to possess in order to effectively
manage, and be accountable for managing, the performance of employees.
(c)Each agency
shall—
(1)based on the Office of Personnel
Management’s competency model, assess the overall competency of the supervisors
in such agency;
(2)develop and
implement a supervisor training program to strengthen issues identified during
such assessment; and
(3)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)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
competencies.
4306.
Regulations.
.
(2)Section
4304(b)(3) of title 5, United States Code, is amended by striking
section 4305
and inserting section 4306
.