1.This Act may be cited as the
Federal Supervisor Training Act of
2009
.
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,
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)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)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 dateEach 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.
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 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)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
.
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, 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 committeesIn this subsection, the term
appropriate congressional committeesmeans—
(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)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)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)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 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.
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 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)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
.
December 14, 2010
Reported with an amendment