MANAGER Act

Section 1128 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 5 U.S.C. 7101 note) is amended—

(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;

(2) by inserting after subsection (a) the following:

Each agency shall conduct an annual survey of its managers that shall, in addition to the topics covered by the survey under subsection (a), include the following questions:

(A) I have confidence my agency leadership will support me if I try to discipline an employee.

(B) I have confidence in the current system to discipline employees.

(C) I feel supported as a manager.

(D) I have adequate training regarding how to discipline employees.

(E) I have adequate time to observe new employees and attempt to correct deficiencies before their probationary period expires.

(F) I have opted not to attempt to discipline an employee over the past year because I have no confidence in the system.

(G) My input is sought regarding labor negotiations that will impact my work unit.

(H) I would recommend that a colleague in my agency become a manager if given the option to do so.

(I) The inability to discipline poor performers or otherwise bad employees hurts the morale of my work unit.

(J) Good employees in my work unit have left because of the inability to discipline problematic employees.

Each survey under paragraph (1) shall include an option to provide narrative responses to each question required under such paragraph, in addition to any other quantitative or qualitative response options.

(3) in subsections (c) and (d), as redesignated by paragraph (1) of this subsection, by striking subsection (a) each place it appears and inserting subsection (a) or (b); and

(4) by amending subsection (e), as so redesignated, to read as follows:

In this section—

(1) the term agency means an Executive agency (as that term is defined in section 105 of title 5, United States Code); and

(2) the term Federal manager means a Federal employee who—

(A) has obtained the grade of GS–13 of the General Schedule or higher; and

(B) is a supervisor or management official (as those terms are defined in section 7103 of such title 5).

Not later than 180 days after the date of the enactment of this Act, the Office of Personnel Management shall update the regulations required under subsection (c) of such section 1128, as so redesignated, in order to implement the amendments made by this Act.