Text: H.R.5522 — 111th Congress (2009-2010)

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Introduced in House (06/14/2010)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 5522 Introduced in House (IH)]

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:
``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 
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''.
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