[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 674 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 674

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2009

   Mr. Akaka introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Supervisor Training Act of 
2009''.

SEC. 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 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 instructor-based 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) 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) 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 
(e) 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(d) (2) and (3) of such 
                title.

SEC. 3. MANAGEMENT COMPETENCIES.

    (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:
``Sec. 4305. Management competencies
    ``(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 
meet in order to effectively manage, and be accountable for managing, 
the performance of employees.
    ``(c) Each agency shall--
            ``(1) develop competencies to assess the performance of 
        each supervisor and in developing such competencies 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);
            ``(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 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''.
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