---
kind: "section"
citation: "5 U.S.C. § 7515"
title: "5"
title_heading: "Government Organization and Employees"
number: "7515"
heading: "Discipline of supervisors based on retaliation against whistleblowers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/7515"
units:
  - "Part III — Employees"
  - "Subpart F — Labor-Management and Employee Relations"
  - "Chapter 75 — Adverse Actions"
  - "Subchapter II — Removal, Suspension for More Than 14 Days, Reduction in Grade or Pay, or Furlough for 30 Days or Less"
---

# §7515. Discipline of supervisors based on retaliation against whistleblowers

- (a) **Definitions.—** In this section—
  - (1) the term “[agency](/usc/5/3132.md?p=a-1)”—
    - (A) has the meaning given the term in [section 2302(a)(2)(C)](/usc/5/2302.md?p=a-2-C), without regard to whether any other provision of this chapter is applicable to the entity; and
    - (B) does not include any entity that is an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 ([50 U.S.C. 3003](/usc/50/3003.md));
  - (2) the term “prohibited personnel action” means taking or failing to take an action in violation of paragraph [(8)](/usc/5/2302.md?p=b-8), [(9)](/usc/5/2302.md?p=b-9), or [(14)](/usc/5/2302.md?p=b-14) of section 2302(b) against an [employee](/usc/5/7501.md?p=1) of an [agency](/usc/5/3132.md?p=a-1); and
  - (3) the term “[supervisor](/usc/5/7103.md?p=a-10)” means an [employee](/usc/5/7501.md?p=1) who would be a [supervisor](/usc/5/7103.md?p=a-10), as defined in [section 7103(a)](/usc/5/7103.md?p=a), if the entity employing the [employee](/usc/5/7501.md?p=1) was an [agency](/usc/5/3132.md?p=a-1).
- (b) **Proposed Disciplinary Actions.—**
  - (1) **In general.—** Subject to [section 1214(f)](/usc/5/1214.md?p=f), if the head of the [agency](/usc/5/3132.md?p=a-1) in which a [supervisor](/usc/5/7103.md?p=a-10) is employed, an administrative law judge, the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5), the Special Counsel, a judge of the [United States](/usc/5/7103.md?p=a-18), or the Inspector General of the [agency](/usc/5/3132.md?p=a-1) in which a [supervisor](/usc/5/7103.md?p=a-10) is employed has determined that the [supervisor](/usc/5/7103.md?p=a-10) committed a prohibited personnel action, the head of the [agency](/usc/5/3132.md?p=a-1) in which the [supervisor](/usc/5/7103.md?p=a-10) is employed, consistent with the procedures required under [paragraph (2)](#b-2)—
    - (A) for the first prohibited personnel action committed by the [supervisor](/usc/5/7103.md?p=a-10)—
      - (i) shall propose suspending the [supervisor](/usc/5/7103.md?p=a-10) for a period that is not less than 3 days; and
      - (ii) may propose an additional action determined appropriate by the head of the [agency](/usc/5/3132.md?p=a-1), including a reduction in [grade](/usc/5/5102.md?p=a-5) or [pay](/usc/5/7511.md?p=a-4); and
    - (B) for the second prohibited personnel action committed by the [supervisor](/usc/5/7103.md?p=a-10), shall propose removing the [supervisor](/usc/5/7103.md?p=a-10).
  - (2) **Procedures.—**
    - (A) **Notice.—** A [supervisor](/usc/5/7103.md?p=a-10) against whom an action is proposed to be taken under [paragraph (1)](#b-1) is entitled to written notice that—
      - (i) [states](/usc/5/8521.md?p=a-3) the specific reasons for the proposed action; and
      - (ii) informs the [supervisor](/usc/5/7103.md?p=a-10) about the right of the [supervisor](/usc/5/7103.md?p=a-10) to review the material that is relied on to support the reasons given in the notice for the proposed action.
    - (B) **Answer and evidence.—**
      - (i) **In general.—** A [supervisor](/usc/5/7103.md?p=a-10) who receives notice under [subparagraph (A)](#b-2-A) may, not later than 14 days after the date on which the [supervisor](/usc/5/7103.md?p=a-10) receives the notice, submit an answer and furnish evidence in support of that answer.
      - (ii) **No evidence furnished; insufficient evidence furnished.—** If, after the end of the 14-day period described in [clause (i)](#b-2-B-i), a [supervisor](/usc/5/7103.md?p=a-10) does not furnish any evidence as described in that clause, or if the head of the [agency](/usc/5/3132.md?p=a-1) in which the [supervisor](/usc/5/7103.md?p=a-10) is employed determines that the evidence furnished by the [supervisor](/usc/5/7103.md?p=a-10) is insufficient, the head of the [agency](/usc/5/3132.md?p=a-1) shall carry out the action proposed under subparagraph [(A)](#b-1-A) or [(B)](#b-1-B) of paragraph (1), as applicable.
    - (C) **Scope of procedures.—** An action carried out under this section—
      - (i) except as provided in [clause (ii)](#b-2-C-ii), shall be subject to the same requirements and procedures, including those with respect to an appeal, as an action under section [7503](/usc/5/7503.md), [7513](/usc/5/7513.md), or [7543](/usc/5/7543.md); and
      - (ii) shall not be subject to—
        - (I) paragraphs [(1)](/usc/5/7503.md?p=b-1) and [(2)](/usc/5/7503.md?p=b-2) of section 7503(b);
        - (II) paragraphs [(1)](#b-1) and [(2)](#b-2) of subsection (b) and [subsection (c)](/usc/5/7513.md?p=c) of section 7513; and
        - (III) paragraphs [(1)](#b-1) and [(2)](#b-2) of subsection (b) and subsection (c) of section 7543.
  - (3) **Non-delegation.—** If the head of an [agency](/usc/5/3132.md?p=a-1) is responsible for determining whether a [supervisor](/usc/5/7103.md?p=a-10) has committed a prohibited personnel action for purposes of [paragraph (1)](#b-1), the head of the [agency](/usc/5/3132.md?p=a-1) may not delegate that responsibility.

## Source credit

(Added Pub. L. 115–91, div. A, title X, § 1097(e)(1)(B), Dec. 12, 2017, 131 Stat. 1621.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 7515, Pub. L. 115–73, title I, § 104(a), Oct. 26, 2017, 131 Stat. 1236, related to discipline of supervisors based on retaliation against whistleblowers, prior to repeal by Pub. L. 115–91, div. A, title X, § 1097(e)(1)(A), Dec. 12, 2017, 131 Stat. 1621.