38 U.S.C. § 735 (VETERANS’ BENEFITS)
§ 735. Training regarding whistleblower complaints
(a) Training.—
Not less frequently than once each year, the Secretary, in coordination with the Whistleblower Protection Ombudsman designated under section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.), shall provide to each employee of the Department training regarding whistleblower complaints, including—
(1) an explanation of each method established by law in which an employee may file a whistleblower complaint;
(2) an explanation of prohibited personnel actions described by section 733(c) of this title;
(3) with respect to supervisors, how to treat whistleblower complaints in accordance with section 732 of this title;
(4) the right of the employee to petition Congress regarding a whistleblower complaint in accordance with section 7211 of title 5;
(5) an explanation that the employee may not be prosecuted or reprised against for disclosing information to Congress, the Inspector General, or another investigatory agency in instances where such disclosure is permitted by law, including under sections 5701, 5705, and 7732 of this title, under section 552a of title 5 (commonly referred to as the Privacy Act), under chapter 93 of title 18, and pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 42 U.S.C. 1320d–2 note);
(6) an explanation of the language that is required to be included in all nondisclosure policies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note); and
(7) the right of contractors to be protected from reprisal for the disclosure of certain information under section 4705 or 4712 of title 41.
(b) Manner Training Is Provided.—
The Secretary shall ensure that training provided under subsection (a) is provided in person.
(c) Certification.—
Not less frequently than once each year, the Secretary shall provide training on merit system protection in a manner that the Special Counsel certifies as being satisfactory.
(d) Publication.—
(1) The Secretary shall publish on the Internet website of the Department, and display prominently at each facility of the Department, the rights of an employee to file a whistleblower complaint, including the information described in paragraphs (1) through (7) of subsection (a).
(2) The Secretary shall publish on the Internet website of the Department, the whistleblower complaint form described in section 732(g)(2).
(Added Pub. L. 114–223, div. A, title II, § 247(a)(1), Sept. 29, 2016, 130 Stat. 889; amended Pub. L. 114–315, title VIII, § 802(1), Dec. 16, 2016, 130 Stat. 1591.)
heading: References in Text
text: Section 3(d)(1)(C) of the Inspector General Act of 1978, referred to in subsec. (a), is section 3(d)(1)(C) of Pub. L. 95–452, which is set out in the Appendix to Title 5, Government Organization and Employees.
Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a)(5), is section 264(c) of Pub. L. 104–191, which is set out as a note under section 1320d–2 of Title 42, The Public Health and Welfare.
Section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012, referred to in subsec. (a)(6), is section 115(a)(1) of Pub. L. 112–199, which is set out as a note under section 2302 of Title 5, Government Organization and Employees.
heading: Amendments
text: 2016—Subsec. (a)(5). Pub. L. 114–315 substituted “(Public Law 104–191; 42 U.S.C. 1320d–2 note)” for “(Public Law 104–191)”.