Sec. 2125. Discipline of supervisors based on retaliation against whistleblowers
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Subchapter II of chapter 75 of title 5, United States Code, is amended by adding at the end the following: In this section— the term agency has the meaning given that term under section 2302; the term prohibited personnel action means taking or failing to take an action in violation of paragraph (8), (9), or
(14)of section 2302(b) against an employee of an agency; and the term supervisor means a supervisor, as defined under section 7103(a), who is employed by an agency, as defined under paragraph
(1)of this subsection. In accordance with paragraph (2), the head of an agency shall propose against a supervisor whom the head of that agency, an administrative law judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or the Inspector General of the agency determines committed a prohibited personnel action the following adverse actions: With respect to the first prohibited personnel action, an adverse action that is not less than a 12-day suspension. With respect to the second prohibited personnel action, removal. A supervisor against whom an adverse action under paragraph
(1)is proposed is entitled to written notice. A supervisor who is notified under subparagraph
(A)that the supervisor is the subject of a proposed adverse action under paragraph
(1)is entitled to 14 days following such notification to answer and furnish evidence in support of the answer. After the end of the 14-day period described in clause (i), if a supervisor does not furnish evidence as described in clause
(i)or if the head of the agency determines that such evidence is not sufficient to reverse the proposed adverse action, the head of the agency shall carry out the adverse action. Paragraphs
(1)and
(2)of subsection
(b)of section 7513, subsection
(c)of such section, paragraphs
(1)and
(2)of subsection
(b)of section 7543, and subsection
(c)of such section shall not apply with respect to an adverse action carried out under this subsection. With respect to a prohibited personnel action, if the head of the agency carries out an adverse action against a supervisor under another provision of law, the head of the agency may carry out an additional adverse action under this section based on the same prohibited personnel action. . The table of sections for subchapter II of chapter 75 of title 5, United States Code, is amended by adding at the end the following: 7515. Discipline of supervisors based on retaliation against whistleblowers. .