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

                                                       Calendar No. 691
111th CONGRESS
  2d Session
                                 S. 674

                          [Report No. 111-364]

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

                           December 14, 2010

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Supervisor Training 
Act of 2009''.</DELETED>

<DELETED>SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.</DELETED>

<DELETED>    (a) In General.--Section 4121 of title 5, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by inserting before ``In consultation with'' 
        the following:</DELETED>
<DELETED>    ``(a) In this section, the term `supervisor' means--
</DELETED>
        <DELETED>    ``(1) a supervisor as defined under section 
        7103(a)(10);</DELETED>
        <DELETED>    ``(2) a management official as defined under 
        section 7103(a)(11); and</DELETED>
        <DELETED>    ``(3) any other employee as the Director of the 
        Office of Personnel Management may by regulation 
        prescribe.'';</DELETED>
        <DELETED>    (2) by striking ``In consultation with'' and 
        inserting ``(b) Under operating competencies promulgated by, 
        and in consultation with,''; and</DELETED>
        <DELETED>    (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:</DELETED>
        <DELETED>    ``(2)(A) a program to provide training to 
        supervisors on actions, options, and strategies a supervisor 
        may use in--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(ii) mentoring and motivating employees 
                and improving employee performance and 
                productivity;</DELETED>
                <DELETED>    ``(iii) fostering a work environment 
                characterized by fairness, respect, equal opportunity, 
                and attention paid to the merit of the work of 
                employees;</DELETED>
                <DELETED>    ``(iv) effectively managing employees with 
                unacceptable performance;</DELETED>
                <DELETED>    ``(v) addressing reports of a hostile work 
                environment, reprisal, or harassment of, or by, another 
                supervisor or employee; and</DELETED>
                <DELETED>    ``(vi) otherwise carrying out the duties 
                or responsibilities of a supervisor;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(C) a program under which experienced 
        supervisors mentor new supervisors by--</DELETED>
                <DELETED>    ``(i) transferring knowledge and advice in 
                areas such as communication, critical thinking, 
                responsibility, flexibility, motivating employees, 
                teamwork, leadership, and professional development; 
                and</DELETED>
                <DELETED>    ``(ii) pointing out strengths and areas 
                for development.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(3) Each program established under subsection (b)(2) 
shall include provisions under which credit shall be given for periods 
of similar training previously completed.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Effective Date and Application.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) each individual who is employed in the 
                position of a supervisor on that effective date as 
                provided under paragraph (2).</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) complete programs every 3 years 
                thereafter in accordance with section 4121(d) (2) and 
                (3) of such title.</DELETED>

<DELETED>SEC. 3. MANAGEMENT COMPETENCIES.</DELETED>

<DELETED>    (a) In General.--Chapter 43 of title 5, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating section 4305 as section 4306; 
        and</DELETED>
        <DELETED>    (2) inserting after section 4304 the 
        following:</DELETED>
<DELETED>``Sec. 4305. Management competencies</DELETED>
<DELETED>    ``(a) In this section, the term `supervisor' means--
</DELETED>
        <DELETED>    ``(1) a supervisor as defined under section 
        7103(a)(10);</DELETED>
        <DELETED>    ``(2) a management official as defined under 
        section 7103(a)(11); and</DELETED>
        <DELETED>    ``(3) any other employee as the Director of the 
        Office of Personnel Management may by regulation 
        prescribe.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Each agency shall--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(3) develop and implement a supervisor training 
        program to strengthen issues identified during such assessment; 
        and</DELETED>
        <DELETED>    ``(4) measure the effectiveness of the supervisor 
        training program established under paragraph (3) in improving 
        supervisor competence.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (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:</DELETED>

<DELETED>``4305. Management competencies.
<DELETED>``4306. Regulations.''.
        <DELETED>    (2) Reference.--Section 4304(b)(3) of title 5, 
        United States Code, is amended by striking ``section 4305'' and 
        inserting ``section 4306''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Supervisor Training Act of 
2010''.

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 prescribed 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;
                    ``(vi) meeting supervisor competencies established 
                by the Office of Personnel Management or the employing 
                agency of the supervisor; and
                    ``(vii) 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--
            ``(1) interactive training which may include computer-based 
        training; and
            ``(2) to the extent practicable as determined by the head 
        of the agency, training that is instructor-based.
    ``(d)(1)(A) 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).
    ``(B) The Director of the Office of Personnel Management may 
establish and administer procedures under which the head of an agency 
may extend the 1-year period described under subparagraph (A) with 
respect to an individual.
    ``(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.
    ``(4) Each agency shall measure the effectiveness of training 
programs established under subsection (b)(2).
    ``(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) Report on Extensions for Training Requirements.--
            (1) Appropriate congressional committees.--In this 
        subsection, the term ``appropriate congressional 
        committees''means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives.
            (2) Report.--Not later than November 1 of the first full 
        fiscal year following the date of enactment of this Act and not 
        later than November 1 of each fiscal year thereafter, the 
        Director of the Office of Personnel Management shall submit a 
        report with respect to the preceding fiscal year to the 
        appropriate congressional committees on--
                    (A) the number of extensions granted under section 
                4121(d)(1)(B) of title 5, United States Code, as added 
                by subsection (a) of this section; and
                    (B) the number of individuals completing the 
                requirements of section 4121(d)(1)(A) of title 5, 
                United States Code, as added by subsection (a) of this 
                section.
    (c) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Director of the Office of Personnel Management shall 
prescribe regulations under section 4121(e) of title 5, United States 
Code, as added by subsection (a) of this section.
    (d) Effective Date and Application.--
            (1) In general.--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 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) Based on guidance issued under subsection (b) and on any 
additional competencies developed by an agency, each agency shall 
assess the performance of the supervisors and the overall capacity of 
the supervisors in that agency.
    ``(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 of Personnel Management 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''.
                                                       Calendar No. 691

111th CONGRESS

  2d Session

                                 S. 674

                          [Report No. 111-364]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 14, 2010

                       Reported with an amendment