FMA Legislative Accomplishments

Spring 2011

As a member of the oldest and largest association representing federal managers and supervisors, one of the most important benefits you receive is advocacy. The Federal Managers Association (FMA) strives to bring issues that are important to you, and to the enhancement of public service, to the forefront of Congress and the Administration. As we continue to move through the first session of the 112th Congress, the following are FMA’s chief legislative accomplishments to date in 2011.

FMA Priorities on Capitol Hill

HOUSE, SENATE REINTRODUCE MANAGERIAL TRAINING LEGISLATION

On April 14, Congressman Jim Moran (D-Va.) and Senator Daniel Akaka (D-Haw.) reintroduced legislation designed to provide managers across the federal government improved supervisory training, FMA’s top legislative priority in 2011. The bipartisan, bicameral Federal Supervisor Training Act (H.R. 1492/S. 790) builds upon current statute by requiring agencies to provide new managers with training within one year of promotion to a supervisory position, and requires that all managers receive refresher training courses every three years. The bill calls for training covering a wide range of subjects, including:

• developing and discussing goals and objectives with employees;
• mentoring and motivating employees;
• effectively managing poor-performing employees;
• addressing reports of a hostile work environment or harassment in the workplace; and,
• employee collective bargaining rights and workplace discrimination laws.

FMA, as a member of the Government Managers Coalition (GMC) – a group of five federal sector executive and management professional associations – worked closely with Senator Akaka in the 110th Congress to craft this legislation. Senator Akaka reintroduced the bill in the 111th Congress, and Congressman Moran introduced a House companion bill as well. Congressmen Gerry Connolly (D-Va.) and Frank Wolf (R-Va.) joined in support of the bill in the 112th Congress by signing on as original cosponsors.

The Federal Supervisor Training Act moved through the Senate Homeland Security and Governmental Affairs Committee in the 111th Congress but failed to reach the Senate floor. The bill also advanced through the House Oversight and Government Reform Federal Workforce Subcommittee before stalling in the chamber. FMA remains dedicated to ensuring passage of this legislation in the 112th Congress.

HOUSE COMMITTEE APPROVES TWO-YEAR PROBATIONARY PERIOD

Freshman Congressman Dennis Ross (R-Fl.), who chairs the House Oversight and Government Reform Subcommittee on Federal Workforce, U.S. Postal Service and Labor Policy, introduced legislation (H.R. 1470) on April 8 to extend the current one-year probationary period for new civil servants to two years. Five days later, the full House Oversight and Government Reform Committee voted to move the bill forward for consideration on the House floor. FMA supports the legislation as a member of the GMC, and worked with the Congressman’s staff to craft the legislation prior to the bill’s introduction.

FMA advocates for extending the probationary period based on the fact many agencies require new hires to engage in lengthy training periods that often last in upwards of a year, enabling managers to evaluate employees on-the-job for a brief amount of time under the current system. As originally written, FMA expressed concern that H.R. 1470 would apply a two-year probationary period to all federal employees moving into a new job through a promotion, lateral transfer or similar position adjustment. Prior to the bill’s consideration during an April 13 markup, Rep. Ross amended the bill to ensure the probationary period covered only new hires and new management positions.

Members of Congress on the House Oversight and Government Reform Committee have made it a priority to move the bill forward.

FMA ACTION ASSISTS IN DEFEAT OF PROPOSAL ELIMINATING STEP INCREASES

During consideration of a Republican House proposal (H.R. 1) to provide funding for federal operations through fiscal year 2011, House Oversight and Government Reform Committee Chairman Darrell Issa (R-Cali.) introduced an amendment (Amdt. #569) to prohibit federal employee pay adjustments through step increases for the remainder of the fiscal year. Chairman Issa introduced the amendment to complement the existing two-year civil service pay freeze signed into law, claiming it was not a true freeze. In response, FMA launched a grassroots campaign urging Members of the House to vote against Rep. Issa’s proposal. The Amendment failed by a vote of 191-230 on February 19 and was stripped from the final spending package.

FMA members also mobilized to oppose an amendment (Amdt. #210) offered by Rep. Todd Rokita (R-Ind.) to the same bill that sought to freeze all forms of pay increases not covered by the current two-year freeze, including pay adjustments in the form of promotions and performance awards. The Congressman’s proposal constituted a more comprehensive freeze than Rep. Issa’s amendment, but was pulled from consideration prior to a House vote.

SENATOR TACKLES FEDERAL EMPLOYEES’ COMPENSATION ACT REFORM

Senator Susan Collins (R-Me.), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee and a longtime supporter of federal workers, introduced a measure on February 2 to convert civil servants receiving workers’ compensation to retirement rolls when they reach retirement eligibility. Citing serious concern over the escalating cost of the federal government’s workers’ compensation program, Senator Collins said the Federal Employees' Compensation Reform Act of 2011 (S. 261) would reduce federal employment costs government-wide by decreasing overpayments to employees “gaming” the system.

FMA supports reforming the Federal Employment Compensation Act (FECA), but has concerns S. 261, as originally drafted, would prove devastating to civil servants facing debilitating injuries early on in their careers. Under current FECA rules, federal employees and postal workers injured on the job receive health benefits and up to 75 percent of their salary tax free (66 2/3 percent for those who have no dependents). By moving employees receiving workers’ compensation to their respective retirement rolls upon reaching retirement age, S. 261 could devastate the income of civil servants who earned modest salaries at the time of injury, and did not have adequate time to contribute to their respective federal retirement system, Social Security, or the Thrift Savings Plan.

FMA principally backs modifying the FECA system to remove the financial burden placed on agencies due to the system’s charge-back provision, whereby workers’ compensation disbursements for injured employees are charged back to an agency’s salary and expense account by the Department of Labor’s Office of Workers Compensation. FMA proposes adjusting the FECA benefit from 75 percent to 66 2/3 percent of income for all beneficiaries, establishing an independent FECA retirement program, and basing benefit increases on employee pay adjustments, not the Consumer Price Index. FMA is working with Senator Collins and other Members of Congress to incorporate the Association’s proposals.