[Congressional Record Volume 157, Number 53 (Tuesday, April 12, 2011)]
[Senate]
[Pages S2391-S2393]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 790. A bill to provide for mandatory training for Federal 
Government supervisors and the assessment of management competencies; 
to the Committee on Homeland Security and Governmental Affairs.
  Mr. AKAKA. Mr. President, I rise today to reintroduce the Federal 
Supervisor Training Act.
  Properly trained supervisors are critical to the federal government's 
ability to efficiently and effectively provide essential services to 
the American people. First-level supervisors have close contact and 
frequent interaction with our Federal employees and thus have the most 
significant impact on employee performance.
  Investing in first-level supervision could yield enormous positive 
returns. Research has shown that supervisory skills strongly predict 
agency performance and that improving the quality of first-level 
supervision is one of the most effective ways to improve an agency's 
performance. According to a 2010 Merit Systems Protection Board report 
entitled ``A Call to Action: Improving First-Level Supervision of 
Federal Employees,'' the fastest and most direct way to strengthen 
Federal workforce performance is to improve the supervision employees 
receive.
  For managers and supervisors in the Federal Government, few things 
are more important than training. Supervisor training programs improve 
communication, promote stronger manager-employee relationships, reduce 
conflict, and cultivate efficiency.
  Conversely, poor supervision can damage agency performance and 
employee morale, which undermines agency performance and wastes money. 
The National Academy of Public Administration reported that while it is 
difficult to quantify the precise cost of supervisory deficiencies, 
even a small deficiency could result in a loss of billions of dollars, 
and that without solid programs for developing first level supervisors, 
agencies pay an enormous price. Simply stated, investing in supervisory 
training in the Federal Government now will save us money later.
  The need for effective supervisor training is becoming even more 
pressing given the large number of Federal employees who are expected 
to retire in the next few years. The Office of Personnel Management 
estimates that by the year 2014, approximately 53 percent of permanent 
full-time Federal employees will be eligible to retire, and the 
majority of those eligible will retire. Because supervisors tend to be 
older and have more years of service than non-supervisors, supervisors 
are likely to retire at faster rates than non-supervisors. In light of 
the expected retirement wave, training a new

[[Page S2392]]

generation of federal supervisors is a matter of national urgency.
  The Federal Supervisor Training Act will require that new supervisors 
receive training on specified topics, including whistleblower and anti-
discrimination rights, during their initial 12 months on the job, 
unless the Office of Personnel Management grants an extension to their 
employing agency. Supervisors will be required to update their training 
once every three years. Current supervisors will have three years to 
obtain their initial training. This bill will also require agencies to 
implement a program whereby experienced supervisors mentor new 
supervisors.
  In addition, the Federal Supervisor Training Act will require the 
Office of Personnel Management to issue guidance to agencies on 
competencies supervisors are expected to meet in order to effectively 
supervise employees. Based on this guidance, or any additional 
competencies established by employing agencies, each agency will be 
required to assess the performance of its supervisors.
  This bill builds upon supervisor training requirements under the 
Federal Workforce Flexibility Act of 2004, which directs agencies to 
establish training programs that develop supervisors, and to establish 
programs to provide additional training to supervisors in three areas--
dealing with poor performers, mentoring employees and improving their 
performance, and conducting performance appraisals.
  I am delighted that this bill has received support from the 
Government Managers Coalition, which represents members of the Senior 
Executives Association, the Federal Managers Association, the 
Professional Managers Association, the Federal Aviation Administration 
Managers Association, and the National Council of Social Security 
Management Associations. Additionally, it is supported by some of the 
largest federal sector labor organizations, including the American 
Federation of Government Employees, the National Treasury Employees 
Union, the National Federation of Federal Employees, and the 
International Federation of Professional and Technical Engineers. 
Finally, this bill is supported by the Partnership for Public Service, 
a non-profit, non-partisan organization which works to find ways to 
improve the government's ability to provide services to citizens. I 
believe the broad support from management associations, labor 
organizations, and outside good government groups demonstrates the need 
for this bill.
  I urge my colleagues to support this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 790

       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 2011''.

     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 2 years after the date of 
     enactment of this Act and annually 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 and is not subject to an extension under 
     section 4121(d)(1)(B) 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 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 that title (as 
     added by subsection (a) of this section).

     SEC. 3. MANAGEMENT COMPETENCIES.

       (a) In General.--Chapter 43 of title 5, United States Code, 
     is amended--

[[Page S2393]]

       (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''.
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