I 

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. 

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 2010’’. 


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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— 

8 ‘‘(1) the term ‘interactive’ includes simulta9 neous personal interaction between an instructor and 

10 one or more trainees; 

11 ‘‘(2) the term ‘small agency’ means an agency 

12 that is a member organization of the Small Agency 

13 Council; and 

14 ‘‘(3) the term ‘supervisor’ means— 

15 ‘‘(A) a supervisor as defined under section 

16 7103(a)(10); 

17 ‘‘(B) a management official as defined 

18 under section 7103(a)(11); and 

19 ‘‘(C) any other employee as the Director of 

20 the Office of Personnel Management may by 

21 regulation prescribe.’’; 

22 (2) by striking ‘‘In consultation with’’ and in23 serting ‘‘(b) Under operating competencies promul24 gated by, and in consultation with,’’; and 

25 (3) by striking paragraph (2) (of the matter re26 designated as subsection (b) as a result of the 


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1 amendment under paragraph (2) of this subsection) 

2 and inserting the following: 

3 ‘‘(2)(A) a program to provide training to super4 visors on actions, options, and strategies a super5 visor may use in— 

6 ‘‘(i) developing and discussing relevant 

7 goals and objectives together with the employee, 

8 communicating and discussing progress relative 

9 to performance goals and objectives and con10 ducting performance appraisals; 

11 ‘‘(ii) mentoring and motivating employees 

12 and improving employee performance and pro13 ductivity; 

14 ‘‘(iii) fostering a work environment charac15 terized by fairness, respect, equal opportunity, 

16 and attention paid to the merit of the work of 

17 employees; 

18 ‘‘(iv) effectively managing employees with 

19 unacceptable performance; 

20 ‘‘(v) addressing reports of a hostile work 

21 environment, reprisal, or harassment of, or by, 

22 another supervisor or employee; and 

23 ‘‘(vi) otherwise carrying out the duties or 

24 responsibilities of a supervisor; 


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1 ‘‘(B) a program to provide training to super2 visors on the prohibited personnel practices under 

3 section 2302 (particularly with respect to such prac4 tices described under subsection (b) (1) and (8) of 

5 that section), employee collective bargaining and 

6 union participation rights, and the procedures and 

7 processes used to enforce employee rights; and 

8 ‘‘(C) a program under which experienced super9 visors mentor new supervisors by— 

10 ‘‘(i) transferring knowledge and advice in 

11 areas such as communication, critical thinking, 

12 responsibility, flexibility, motivating employees, 

13 teamwork, leadership, and professional develop14 ment; and 

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

16 development. 

17 ‘‘(c) Training in programs established under sub18 section (b)(2) (A) and (B) shall be interactive for man19 agers in their first year as a supervisor. 

20 ‘‘(d)(1) Not later than 1 year after the date on which 

21 an individual is appointed to the position of supervisor, 

22 that individual shall be required to have completed each 

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

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

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


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

2 at least once every 3 years. 

3 ‘‘(3) Each program established under subsection 

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

5 given for periods of similar training previously completed. 

6 ‘‘(e)(1) If, due to unforeseen circumstances, an indi7 vidual cannot complete a program established under sub8 section (b) within the deadline established under sub9 sections (d)(1) or (d)(2), the Office of Personnel Manage10 ment shall regulate an appropriate schedule for such indi11 vidual to complete such program. 

12 ‘‘(2) Not later than 2 years after the date of enact13 ment of this subsection and annually thereafter, the Office 

14 of Personnel Management shall submit a report to the 

15 Committee on Oversight and Government Reform of the 

16 House of Representatives and the Committee on Home17 land Security and Governmental Affairs of the Senate. 

18 Such report shall include the number of individuals who 

19 received an adjusted training schedule pursuant to para20 graph (1). 

21 ‘‘(f)(1) When consulting with the head of a small 

22 agency in establishing a training program for such agency 

23 under subsection (b), the Office of Personnel Management 

24 shall consult with the Small Agency Council. Any such 


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1 program established by such head must otherwise meet 

2 the requirements of subsections (b), (c), and (d). 

3 ‘‘(2) Notwithstanding the requirements of subsection 

4 (b) and with the prior written approval of the Office of 

5 Personnel Management, the head of an agency that is not 

6 a small agency may use, in lieu of establishing a training 

7 program under subsection (b), a training program estab8 lished by the head of a small agency under such sub9 section. 

10 ‘‘(g) Notwithstanding section 4118(c), the Director 

11 of the Office of Personnel Management shall prescribe reg12 ulations to carry out this section, including the monitoring 

13 of agency compliance with this section. Regulations pre14 scribed under this subsection shall include measures by 

15 which to assess the effectiveness of agency supervisor 

16 training programs.’’. 

17 (b) REGULATIONS.—Not later than 1 year after the 

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

19 of Personnel Management shall prescribe regulations in 

20 accordance with subsection (g) of section 4121 of title 5, 

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

22 section. 

23 (c) EFFECTIVE DATE AND APPLICATION.— 


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

2 this section shall take effect 1 year after the date of 

3 enactment of this Act and apply to— 

4 (A) each individual appointed to the posi5 tion of a supervisor, as defined under section 

6 4121(a) of title 5, United States Code (as 

7 added by subsection (a) of this section), on or 

8 after that effective date; and 

9 (B) each individual who is employed in the 

10 position of a supervisor on that effective date as 

11 provided under paragraph (2). 

12 (2) SUPERVISORS ON EFFECTIVE DATE.—Each 

13 individual who is employed in the position of a su14 pervisor on the effective date of this section and who 

15 is not subject to an adjusted schedule under section 

16 4121(e) of title 5, United States Code (as added by 

17 subsection (a) of this section), shall be required to— 

18 (A) complete each program established 

19 under section 4121(b)(2) of such title (as added 

20 by subsection (a) of this section), not later than 

21 3 years after the effective date of this section; 

22 and 

23 (B) complete programs every 3 years 

24 thereafter in accordance with section 4121(d) 

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


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1 SEC. 3. MANAGEMENT COMPETENCIES. 

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

3 States Code, is amended— 

4 (1) by redesignating section 4305 as section 

5 4306; and 

6 (2) inserting after section 4304 the following: 

7 ‘‘§ 4305. Management competencies 

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

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

10 7103(a)(10); 

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

12 section 7103(a)(11); and 

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

14 Office of Personnel Management may by regulation 

15 prescribe. 

16 ‘‘(b) The Director of the Office of Personnel Manage17 ment shall issue guidance to agencies on competencies su18 pervisors are expected to possess in order to effectively 

19 manage, and be accountable for managing, the perform20 ance of employees. 

21 ‘‘(c) Each agency shall— 

22 ‘‘(1) based on the Office of Personnel Manage23 ment’s competency model, assess the overall com24 petency of the supervisors in such agency; 


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1 ‘‘(2) develop and implement a supervisor train2 ing program to strengthen issues identified during 

3 such assessment; and 

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

5 training program established under paragraph (3) in 

6 improving supervisor competence. 

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

8 Director of the Office of Personnel Management, each 

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

10 of the agency in implementing this section, including 

11 measures used to assess program effectiveness.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

15 amended by striking the item relating to section 

16 4305 and inserting the following: 

‘‘4305. Management competencies. 

‘‘4306. Regulations.’’. 

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

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

19 4305’’ and inserting ‘‘section 4306’’. 

Æ 


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