Sec. 104. 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 — except as provided in subparagraph (B), means an entity that is an agency, as defined under section 2302, without regard to whether any other provision of this chapter is applicable to the entity; and does not include any entity that is an element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ); 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 an employee who would be a supervisor, as defined under section 7103(a), if the entity employing the employee was an agency. If the head of the agency employing a supervisor, an administrative law judge, the Merit Systems Protection Board, the Special Counsel, a judge of the United States, or the Inspector General of the agency employing a supervisor determines that the supervisor has committed a prohibited personnel action, the head of the agency employing the supervisor, in accordance with the procedures required under paragraph (2)— for the first prohibited personnel action committed by a supervisor— shall propose suspending the supervisor for a period of not less than 3 days; and may, in addition to a suspension described in clause (i), propose any other action, including a reduction in grade or pay, that the head of the agency determines appropriate; and for the second prohibited personnel action committed by a supervisor, shall propose removing the supervisor. A supervisor against whom an action is proposed to be taken under paragraph
(1)is entitled to written notice— stating the specific reasons for the proposed action; and informing the supervisor of the right of the supervisor to review the material which is relied on to support the reasons for the proposed action. A supervisor who is notified under subparagraph
(A)that the supervisor is the subject of a proposed 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 action, the head of the agency shall carry out the action. An action carried out under this section— except as provided in clause (ii), shall be subject to the same requirements and procedures (including regarding appeals) as an action under section 7503, 7513, or 7543; and shall not be subject to— paragraphs
(1)and
(2)of section 7503(b); paragraphs
(1)and
(2)of subsection
(b)and subsection
(c)of section 7513; or paragraphs
(1)and
(2)of subsection
(b)and subsection
(c)of section 7543. Except as provided in paragraph (B), the head of an agency may delegate any authority or responsibility under this subsection. If the head of an agency is responsible for determining whether a supervisor has committed a prohibited personnel action for purposes of paragraph (1), the head of the agency may not delegate that responsibility. . 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. .
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Sec. 104
Discipline of supervisors based on retaliation against whistleblowers
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