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S 790

112th CONGRESS
1st Session

S. 790

To provide for mandatory training for Federal Government supervisors and the assessment of management competencies.

IN THE SENATE OF THE UNITED STATES

April 12, 2011

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


A BILL

To provide for mandatory training for Federal Government supervisors and the assessment of management competencies.

    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--

      (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'.

END