38 U.S.C. § 732 (VETERANS’ BENEFITS)
§ 732. Treatment of whistleblower complaints
(a) Filing.—
(1) In addition to any other method established by law in which an employee may file a whistleblower complaint, an employee of the Department may file a whistleblower complaint in accordance with subsection (g) with a supervisor of the employee.
(2) Except as provided by subsection (d)(1), in making a whistleblower complaint under paragraph (1), an employee shall file the initial complaint with the immediate supervisor of the employee.
(b) Notification.—
(1)
(A) Not later than four business days after the date on which a supervisor receives a whistleblower complaint by an employee under this section, the supervisor shall notify, in writing, the employee of whether the supervisor determines that there is a reasonable likelihood that the complaint discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety.
(B) The supervisor shall retain written documentation regarding the whistleblower complaint and shall submit to the next-level supervisor and the central whistleblower office described in subsection (h) a written report on the complaint.
(2)
(A) On a monthly basis, the supervisor shall submit to the appropriate director or other official who is superior to the supervisor a written report that includes the number of whistleblower complaints received by the supervisor under this section during the month covered by the report, the disposition of such complaints, and any actions taken because of such complaints pursuant to subsection (c).
(B) In the case in which such a director or official carries out this paragraph, the director or official shall submit such monthly report to the supervisor of the director or official and to the central whistleblower office described in subsection (h).
(c) Positive Determination.—
If a supervisor makes a positive determination under subsection (b)(1) regarding a whistleblower complaint of an employee, the supervisor shall include in the notification to the employee under such subsection the specific actions that the supervisor will take to address the complaint.
(d) Filing Complaint With Next-Level Supervisors.—
(1) If any circumstance described in paragraph (3) is met, an employee may file a whistleblower complaint in accordance with subsection (g) with the next-level supervisor who shall treat such complaint in accordance with this section.
(2) An employee may file a whistleblower complaint with the Secretary if the employee has filed the whistleblower complaint to each level of supervisors between the employee and the Secretary in accordance with paragraph (1).
(3) A circumstance described in this paragraph is any of the following circumstances:
(A) A supervisor does not make a timely determination under subsection (b)(1) regarding a whistleblower complaint.
(B) The employee who made a whistleblower complaint determines that the supervisor did not adequately address the complaint pursuant to subsection (c).
(C) The immediate supervisor of the employee is the basis of the whistleblower complaint.
(e) Transfer of Employee Who Files Whistleblower Complaint.—
If a supervisor makes a positive determination under subsection (b)(1) regarding a whistleblower complaint filed by an employee, the Secretary shall—
(1) inform the employee of the ability to volunteer for a transfer in accordance with section 3352 of title 5; and
(2) give preference to the employee for such a transfer in accordance with such section.
(f) Prohibition on Exemption.—
The Secretary may not exempt any employee of the Department from being covered by this section.
(g) Whistleblower Complaint Form.—
(1) A whistleblower complaint filed by an employee under subsection (a) or (d) shall consist of the form described in paragraph (2) and any supporting materials or documentation the employee determines necessary.
(2) The form described in this paragraph is a form developed by the Secretary, in consultation with the Special Counsel, that includes the following:
(A) An explanation of the purpose of the whistleblower complaint form.
(B) Instructions for filing a whistleblower complaint as described in this section.
(C) An explanation that filing a whistleblower complaint under this section does not preclude the employee from any other method established by law in which an employee may file a whistleblower complaint.
(D) A statement directing the employee to information accessible on the Internet website of the Department as described in section 735(d).
(E) Fields for the employee to provide—
(i) the date that the form is submitted;
(ii) the name of the employee;
(iii) the contact information of the employee;
(iv) a summary of the whistleblower complaint (including the option to append supporting documents pursuant to paragraph (1)); and
(v) proposed solutions to the complaint.
(F) Any other information or fields that the Secretary determines appropriate.
(3) The Secretary, in consultation with the Special Counsel, shall develop the form described in paragraph (2) by not later than 60 days after the date of the enactment of this section.
(h) Central Whistleblower Office.—
(1) The Secretary shall ensure that the central whistleblower office—
(A) is not an element of the Office of the General Counsel;
(B) is not headed by an official who reports to the General Counsel;
(C) does not provide, or receive from, the General Counsel any information regarding a whistleblower complaint except pursuant to an action regarding the complaint before an administrative body or court; and
(D) does not provide advice to the General Counsel.
(2) The central whistleblower office shall be responsible for investigating all whistleblower complaints of the Department, regardless of whether such complaints are made by or against an employee who is not a member of the Senior Executive Service.
(3) The Secretary shall ensure that the central whistleblower office maintains a toll-free hotline to anonymously receive whistleblower complaints.
(4) The Secretary shall ensure that the central whistleblower office has such staff and resources as the Secretary considers necessary to carry out the functions of the central whistleblower office.
(5) In this subsection, the term “central whistleblower office” means the Office of Accountability Review or a successor office that is established or designated by the Secretary to investigate whistleblower complaints filed under this section or any other method established by law.
(Added Pub. L. 114–223, div. A, title II, § 247(a)(1), Sept. 29, 2016, 130 Stat. 884.)
heading: References in Text
text: The date of the enactment of this section, referred to in subsec. (g)(3), is the date of enactment of Pub. L. 114–223, which was approved Sept. 29, 2016.