II 

Calendar No. 1100 

110TH CONGRESS 

2D SESSION S. 967 

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 SENATE OF THE UNITED STATES 

MARCH 22, 2007 

Mr. AKAKA introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Reported by Mr. LIEBERMAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Supervisor 

5 Training Act of 2007’’. 


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1 SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPER2 VISORS. 

3 (a) IN GENERAL.—Section 4121 of title 5, United 

4 States Code, is amended— 

5 (1) by inserting before ‘‘In consultation with’’ 

6 the following: 

7 ‘‘(a) In this section, the term ‘supervisor’ means— 

8 ‘‘(1) a supervisor as defined under section 

9 7103(a)(10); 

10 ‘‘(2) a management official as defined under 

11 section 7103(a)(11); and 

12 ‘‘(3) any other employee as the Director of the 

13 Office of Personnel Management may by regulation 

14 prescribe.’’; 

15 (2) by striking ‘‘In consultation with’’ and in16 serting ‘‘(b) Under operating standardscompetencies 

17 promulgated by, and in consultation with,’’; and 

18 (3) by striking paragraph (2) (of the matter re19 designated as subsection (b) as a result of the 

20 amendment under paragraph (2) of this subsection) 

21 and inserting the following: 

22 ‘‘(2)(A) a program to provide interactive in23 structor-based training to supervisors on actions, op24 tions, and strategies a supervisor may use in— 

25 ‘‘(i) developing and discussing relevant 

26 goals and objectives together with the employee, 


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1 communicating and discussing progress relative 

2 to performance goals and objectives and con3 ducting performance appraisals; 

4 ‘‘(ii) mentoring and motivating employees 

5 and improving employee performance and pro6 ductivity; 

7 ‘‘(iii) effectively managing employees with 

8 unacceptable performance; 

9 ‘‘(iv) addressing reports of a hostile work 

10 environment, reprisal, or harassment of, or by, 

11 another supervisor or employee; and 

12 ‘‘(v) otherwise carrying out the duties or 

13 responsibilities of a supervisor; 

14 ‘‘(B) a program to provide interactive instruc15 tor-based training to supervisors on the prohibited 

16 personnel practices under section 2302 (particularly 

17 with respect to such practices described under sub18 section (b) (1) and (8) of that section) and the pro19 cedures and processes used to enforce employee 

20 rights; and 

21 ‘‘(C) a program under which experienced super22 visors mentor new supervisors by— 

23 ‘‘(i) transferring knowledge and advice in 

24 areas such as communication, critical thinking, 


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1 responsibility, flexibility, motivating employees, 

2 teamwork, and professional development; and 

3 ‘‘(ii) pointing out strengths and areas for 

4 development. 

5 ‘‘(c)(1) Not later than 1 year after the date on which 

6 an individual is appointed to the position of supervisor, 

7 that individual shall be required to have completed each 

8 program established under subsection (b)(2). 

9 ‘‘(2) After completion of a program under subsection 

10 (b)(2) (A) and (B), each supervisor shall be required to 

11 complete a program under subsection (b)(2) (A) and (B) 

12 at least once during each 3-year periodevery 3 years. 

13 ‘‘(3) Each program established under subsection 

14 (b)(2) shall include provisions under which credit shall be 

15 given for periods of similar training previously completed. 

16 ‘‘(d) Notwithstanding section 4118(c), the Director of 

17 the Office of Personnel Management shall prescribe regu18 lations to carry out this section, including the monitoring 

19 of agency compliance with this section. Such regulations 

20 shall include measures by which to assess the effectiveness 

21 of agency supervisor training programs.’’. 

22 (b) REGULATIONS.—Not later than 180 days after 

23 the date of enactment of this Act, the Director of the Office 

24 of Personnel Management shall prescribe regulations in 

25 accordance with subsection (d) of section 4121 of title 5, 


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1 United States Code, as added by subsection (a) of this 

2 section. 

3 (c) EFFECTIVE DATE AND APPLICATION.— 

4 (1) IN GENERAL.—The amendments made by 

5 this section shall take effect 180 days after the date 

6 of enactment of this Act and apply to— 

7 (A) each individual appointed to the posi8 tion of a supervisor, as defined under section 

9 4121(a) of title 5, United States Code, (as 

10 added by subsection (a) of this section) on or 

11 after that effective date; and 

12 (B) each individual who is employed in the 

13 position of a supervisor on that effective date as 

14 provided under paragraph (2). 

15 (2) SUPERVISORS ON EFFECTIVE DATE.—Each 

16 individual who is employed in the position of a su17 pervisor on the effective date of this section shall be 

18 required to— 

19 (A) complete each program established 

20 under section 4121(b)(2) of title 5, United 

21 States Code (as added by subsection (a) of this 

22 section), not later than 3 years after the effec23 tive date of this section; and 


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1 (B) complete programs every 3 years 

2 thereafter in accordance with section 4121(c) 

3 (2) and (3) of such title. 

4 SEC. 3. MANAGEMENT COMPETENCY STAND5 ARDSCOMPETENCIES. 

6 (a) IN GENERAL.—Chapter 43 of title 5, United 

7 States Code, is amended— 

8 (1) by redesignating section 4305 as section 

9 4306; and 

10 (2) inserting after section 4304 the following: 

11 ‘‘§ 4305. Management competency stand12 ardscompetencies 

13 ‘‘(a) In this section, the term ‘supervisor’ means— 

14 ‘‘(1) a supervisor as defined under section 

15 7103(a)(10); 

16 ‘‘(2) a management official as defined under 

17 section 7103(a)(11); and 

18 ‘‘(3) any other employee as the Director of the 

19 Office of Personnel Management may by regulation 

20 prescribe. 

21 ‘‘(b) The Director of the Office of Personnel Manage22 ment shall issue guidance to agencies on stand23 ardscompetencies supervisors are expected to meet in order 

24 to effectively manage, and be accountable for managing, 

25 the performance of employees. 


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1 ‘‘(c) Each agency shall— 

2 ‘‘(1) develop standardscompetencies to assess 

3 the performance of each supervisor and in devel4 oping such standardscompetencies shall consider the 

5 guidance developed by the Director of the Office of 

6 Personnel Management under subsection (b) and 

7 any other qualifications or factors determined by the 

8 agency; 

9 ‘‘(2) assess the overall capacity of the super10 visors in the agency to meet the guidance developed 

11 by the Director of the Office of Personnel Manage12 ment issued under subsection (b); and 

13 ‘‘(3) develop and implement a supervisor train14 ing program to strengthen issues identified during 

15 such assessment.; and 

16 ‘‘(4) measure the effectiveness of the supervisor 

17 training program established under paragraph (3) in 

18 improving supervisor competence. 

19 ‘‘(d) Every year, or on any basis requested by the 

20 Director of the Office of Personnel Management, each 

21 agency shall submit a report to the Office on the progress 

22 of the agency in implementing this section, including 

23 measures used to assess program effectiveness.’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 


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1 (1) TABLE OF SECTIONS.—The table of sections 

2 for chapter 43 of title 5, United States Code, is 

3 amended by striking the item relating to section 

4 4305 and inserting the following: 

‘‘4305. Management competency standards. 

‘‘4306. Regulations. 

‘‘4305. Management competencies. 

‘‘4306. Regulations.’’. 

5 (2) REFERENCE.—Section 4304(b)(3) of title 5, 

6 United States Code, is amended by striking ‘‘section 

7 4305’’ and inserting ‘‘section 4306’’. 


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Calendar No. 1100 

110TH CONGRESS 

2D SESSION S. 967 

A BILL 

To amend chapter 41 of title 5, United States 

O

grams for supervisors of Federal employees. thorization of funding for certain training proCode, to provide for the establishment and auCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Reported with amendments 


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