38 U.S.C. § 731: Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints

With respect to the first offense, an adverse action that is not less than a 12-day suspension and not more than removal. With respect to the second offense, removal. An employee against whom an adverse action under paragraph (1) is proposed is entitled to written notice. An employee who is notified under subparagraph (A) of being the subject of a proposed adverse action under paragraph (1) is entitled to 10 days following such notification to answer and furnish evidence in support of the answer. If the employee does not furnish any such evidence as described in clause (i) or if the Secretary determines that such evidence is not sufficient to reverse the determination to propose the adverse action, the Secretary shall carry out the adverse action following such 10-day period. Paragraphs (1) and (2) of subsection (b) of section 7513 of title 5 , subsection (c) of such section, paragraphs (1) and (2) of subsection (b) of section 7543 of such title, and subsection (c) of such section shall not apply with respect to an adverse action carried out under paragraph (1). With respect to a prohibited personnel action described in subsection (c), if the Secretary carries out an adverse action against a supervisory employee, the Secretary may carry out an additional adverse action under this section based on the same prohibited personnel action if the total severity of the adverse actions do not exceed the level specified in subsection (a). making a whistleblower disclosure to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress; providing information or participating as a witness in an investigation of a whistleblower disclosure made to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress; participating in an audit or investigation by the Comptroller General of the United States; refusing to perform an action that is unlawful or prohibited by the Department; or engaging in communications that are related to the duties of the position or are otherwise protected. Preventing or restricting an employee from making an action described in any of subparagraphs (A) through (E) of paragraph (1). Conducting a negative peer review or opening a retaliatory investigation because of an activity of an employee that is protected by section 2302 of title 5 . Requesting a contractor to carry out an action that is prohibited by section 4705(b) or section 4712(a)(1) of title 41 , as the case may be. In this section, the term “whistleblower disclosure” has the meaning given such term in section 323(g) of this title . The rights of whistleblowers and how to address a report by an employee of a hostile work environment, reprisal, or harassment. How to effectively motivate, manage, and reward the employees who report to the supervisor. How to effectively manage employees who are performing at an unacceptable level and access assistance from the human resources office of the Department and the Office of the General Counsel of the Department with respect to those employees. The term ‘supervisor’ has the meaning given such term in section 7103(a) of title 5 , United States Code. The term ‘whistleblower’ has the meaning given such term in section 323(g) of title 38 , United States Code, as added by section 101.”