; (2) in paragraph (13), by striking the period at the end and inserting ; or ; and (3) by inserting after paragraph (13) the following: (14) access the medical record of another employee or an applicant for employment as a part of, or otherwise in furtherance of, any conduct described in paragraphs (1) through (13). . 104. Discipline of supervisors based on retaliation against whistleblowers (a) In general 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 (a) Definitions In this section— (1) the term agency — (A) 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 (B) 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) ); (2) 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 (3) 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. (b) Proposed disciplinary actions (1) In general 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)— (A) for the first prohibited personnel action committed by a supervisor— (i) shall propose suspending the supervisor for a period of not less than 3 days