Text: H.R.5522 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (06/14/2010)


111th CONGRESS
2d Session
H. R. 5522

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 HOUSE OF REPRESENTATIVES
June 14, 2010

Mr. Moran of Virginia (for himself, Mr. Connolly of Virginia, and Mr. Wolf) introduced the following bill; which was referred to the Committee on Oversight and Government Reform


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 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—

“(1) the term ‘interactive’ includes simultaneous personal interaction between an instructor and one or more trainees;

“(2) the term ‘small agency’ means an agency that is a member organization of the Small Agency Council; and

“(3) the term ‘supervisor’ means—

“(A) a supervisor as defined under section 7103(a)(10);

“(B) a management official as defined under section 7103(a)(11); and

“(C) 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 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)(1) If, due to unforeseen circumstances, an individual cannot complete a program established under subsection (b) within the deadline established under subsections (d)(1) or (d)(2), the Office of Personnel Management shall regulate an appropriate schedule for such individual to complete such program.

“(2) Not later than 2 years after the date of enactment of this subsection and annually thereafter, the Office of Personnel Management shall submit a report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. Such report shall include the number of individuals who received an adjusted training schedule pursuant to paragraph (1).

“(f)(1) When consulting with the head of a small agency in establishing a training program for such agency under subsection (b), the Office of Personnel Management shall consult with the Small Agency Council. Any such program established by such head must otherwise meet the requirements of subsections (b), (c), and (d).

“(2) Notwithstanding the requirements of subsection (b) and with the prior written approval of the Office of Personnel Management, the head of an agency that is not a small agency may use, in lieu of establishing a training program under subsection (b), a training program established by the head of a small agency under such subsection.

“(g) 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 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations in accordance with subsection (g) 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 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 who is not subject to an adjusted schedule under section 4121(e) 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 such title (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:

§ 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 possess in order to effectively manage, and be accountable for managing, the performance of employees.

“(c) Each agency shall—

“(1) based on the Office of Personnel Management’s competency model, assess the overall competency of the supervisors in such agency;

“(2) develop and implement a supervisor training program to strengthen issues identified during such assessment; and

“(3) 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”.