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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3528 Introduced in Senate (IS)]

<DOC>

114th CONGRESS
  2d Session
                                S. 3528

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2016

 Ms. Heitkamp 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 
2016''.

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) Definitions.--For purposes of this section--
            ``(1) the term `program' means any activity, project, 
        function, or policy that has an identifiable purpose or set of 
        objectives; and
            ``(2) 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); or
                    ``(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) Training Programs To Be Established.--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 program--
                    ``(A) to require supervisors to have individual 
                development plans that provide for training on actions, 
                options, and strategies a supervisor may use in--
                            ``(i) developing and discussing relevant 
                        performance goals and objectives with the 
                        employee and ensuring the performance goals and 
                        objectives align to the mission and priority 
                        goals of the agency;
                            ``(ii) communicating and discussing 
                        progress relative to performance goals and 
                        objectives, and conducting performance 
                        appraisals;
                            ``(iii) mentoring and motivating employees 
                        and improving employee engagement, performance, 
                        and productivity;
                            ``(iv) fostering a work environment 
                        characterized by fairness, respect, equal 
                        opportunity, and attention paid to the merit of 
                        the work of employees;
                            ``(v) effectively managing employees with 
                        unacceptable performance, including training to 
                        understand the disciplinary options and 
                        procedures available to the supervisor;
                            ``(vi) effectively using the probationary 
                        period to examine whether an employee has 
                        demonstrated successful performance or conduct 
                        to continue past the probationary period;
                            ``(vii) addressing reports of a hostile 
                        work environment, retaliation, or harassment 
                        of, or by, another supervisor or employee;
                            ``(viii) meeting supervisor competencies 
                        established by the Office of Personnel 
                        Management or the employing agency of the 
                        supervisor;
                            ``(ix) collaborating with human resources 
                        employees to recruit, select, appraise, and 
                        reward employees to build a workforce based on 
                        organizational goals, budget considerations, 
                        and staffing needs; and
                            ``(x) otherwise carrying out the duties or 
                        responsibilities of a supervisor;
                    ``(B) to provide training to supervisors on the 
                prohibited personnel practices under section 2302 
                (particularly with respect to such practices described 
                under paragraphs (1) and (8) of subsection (b) of that 
                section), employee rights, and the procedures and 
                processes used to enforce employee rights; and
                    ``(C) under which experienced supervisor mentors 
                are identified, evaluated, and approved to provide 
                guidance and advice to new or underperforming 
                supervisors to--
                            ``(i) transfer knowledge and advice in 
                        areas such as communication, critical thinking, 
                        responsibility, flexibility, motivating and 
                        engaging employees, teamwork, leadership, and 
                        professional development; and
                            ``(ii) identify strengths and areas for 
                        development.
    ``(c) Requirements for Training Design.--Training in the program 
components established under subparagraphs (A) and (B) of subsection 
(b)(2) shall--
            ``(1) be designed using principles of adult learning and an 
        industry standard instructional design model; and
            ``(2) to the extent practicable, as determined by the 
        agency, be training that is instructor-based.
    ``(d) Timing of Training.--
            ``(1) Initial training.--
                    ``(A) In general.--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 component 
                established under subsection (b)(2).
                    ``(B) Extensions.--The Director of the Office of 
                Personnel Management may establish and administer 
                procedures under which an agency may extend the 1-year 
                period described under subparagraph (A) with respect to 
                an individual.
            ``(2) Subsequent training.--After completion of a program 
        component under subparagraphs (A) and (B) of subsection (b)(2), 
        each supervisor shall be required to complete a program 
        component under such subparagraphs not less frequently than 
        once every 3 years.
            ``(3) Credit for similar training.--Each program component 
        established under subsection (b)(2) shall include provisions 
        under which the agency gives a supervisor credit toward a 
        period of training that the agency determines is similar to 
        training that the supervisor previously completed.
            ``(4) Effectiveness evaluation.--Each agency shall measure 
        the effectiveness of training program components established 
        under subsection (b)(2).
    ``(e) Information on Developmental Opportunities.--An agency shall 
make available to each supervisor--
            ``(1) a detailed list of developmental opportunities 
        available to the supervisor; and
            ``(2) the policies of the agency for requiring supervisor 
        development.
    ``(f) Regulations.--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, which shall 
                include--
                            (i) a brief description of the reason why 
                        the training was not completed;
                            (ii) the actions the agency plans to take 
                        to ensure training is received; and
                            (iii) the date by which the agency intends 
                        to complete the training; 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(f) of title 5, United States 
Code, as added by subsection (a) of this section.
    (d) Career Track for Technical Experts.--Section 5106 of title 5, 
United States Code, is amended by adding at the end the following:
    ``(d) To the extent practicable under the requirements under this 
chapter, each agency shall develop a career track for employees of the 
agency whom the agency determines are mission critical technical 
experts that affords the employees the opportunity for career 
advancement, without being required to be appointed to a management or 
supervisory position.''.
    (e) 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.
            (2) Applicability.--The amendments made by this section 
        shall 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 the effective date of the 
                amendments; and
                    (B) each individual who is employed in the position 
                of a supervisor on the effective date of the amendments 
                as provided under paragraph (3).
            (3) Existing supervisors.--Each individual who is employed 
        in 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 the effective date of the amendments 
        made by 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 component established 
                under subparagraphs (A) and (B) of 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 the amendments; and
                    (B) complete program components every 3 years 
                thereafter in accordance with paragraphs (2) and (3) of 
                section 4121(d) of that title (as added by subsection 
                (a) of this section).
    (f) GAO Report.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall submit to Congress a report 
on the mandatory training programs required to be established by under 
section 4121(b)(2) of title 5, United States Code (as added by 
subsection (a) of this section) and the effectiveness of those 
programs.

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) by inserting after section 4304 the following:
``Sec. 4305. Management competencies
    ``(a) Definition.--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); or
            ``(3) any other employee as the Director of the Office of 
        Personnel Management may by regulation prescribe.
    ``(b) Guidance.--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) Assessment by Agencies.--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) Reports.--Every year, or on any basis requested by the 
Director of the Office of Personnel Management, each agency shall 
submit to the Office of Personnel Management a report 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''.
                                 <all>
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