PolicyBrief
H.R. 242
119th CongressJan 9th 2025
MANAGER Act
IN COMMITTEE

The MANAGER Act requires federal agencies to conduct annual surveys of managers to assess their confidence in employee discipline systems, support, and training, and to gather feedback on the impact of disciplinary processes on morale and employee retention. This act aims to improve management practices and support within federal agencies by identifying areas of concern and gathering manager input on labor negotiations and employee discipline.

Pete Sessions
R

Pete Sessions

Representative

TX-17

LEGISLATION

MANAGER Act Forces Annual Check-Up on Federal Discipline System: Will It Cure or Just Cover Up Problems?

The MANAGER Act (short for Manager Attitudes and Notions According to Government Employee Responses Act) is shaking things up for federal managers, specifically those at the GS13 level and above. Basically, it's forcing every federal agency to do an annual survey asking these managers how they really feel about disciplining employees. The Office of Personnel Management (OPM) has 180 days from enactment to get the regulations updated to reflect the new law (SEC. 2).

Digging into the MANAGER Act's Survey

The bill mandates yearly surveys that dive deep into how managers view the current system for handling problem employees. Think of it like a yearly performance review, but for the system itself. The surveys, required under amended Section 1128 of the National Defense Authorization Act for Fiscal Year 2004, include questions like:

  • Do managers feel backed up by agency leadership when they need to discipline someone?
  • Do they even trust the current discipline system?
  • Are they getting enough training on how to handle these situations?
  • Do they have enough time to deal with new employees who aren't cutting it?
  • Have good employees quit because of frustration with underperforming colleagues who aren't disciplined?

It's not just checkboxes, either. Managers get to write out their thoughts on each question, giving them a chance to really explain what's going on.

Real-World Ripple Effects

Imagine a manager at a local Social Security office (GS13 or higher). If they're constantly dealing with an employee who's slacking off, but the system makes it nearly impossible to do anything about it, that's going to drag down the whole team. This bill could help flag that problem. On the flip side, what if this survey data gets used to push for changes that make it too easy to fire people? That's where things get tricky.

For example, a contracting officer at a federal agency might find it challenging to balance project deadlines with the need to address performance issues. If the survey reveals widespread frustration about the time it takes to discipline employees, it could lead to streamlined processes. But, if those streamlined processes reduce employee protections, that same contracting officer might find themselves in a tougher spot down the line.

The Good, the Bad, and the Bureaucratic

Potential Upsides:

  • The bill could shine a light on where managers need more support or better training.
  • It might actually lead to improvements in how agencies handle discipline, making things fairer for everyone.
  • If problems get fixed, it could boost morale and even help keep good employees around.

Potential Downsides:

  • The focus is heavily on discipline. What about other factors, like a lack of resources or poor communication, which this bill doesn't address?
  • Could this data be used to justify weakening employee protections or making it harder for unions to negotiate?
  • By only surveying GS13 and above, the bill might miss crucial insights from lower-level supervisors who are directly managing teams.
  • There is a risk of creating a punitive environment, rather than addressing the root causes of employee issues.

Ultimately, the MANAGER Act aims to get a handle on how federal managers view the employee discipline system. Whether it actually improves things or creates new headaches will depend on how agencies use the information they gather, and whether they are willing to address issues beyond the disciplinary process.