§733 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must give every Department employee training about whistleblower disclosures at least once every two years, working with the Whistleblower Protection Ombudsman. The training must explain how to file a disclosure, the right to petition Congress under section 7211 of title 5, that employees cannot be prosecuted or punished for lawful disclosures to Congress, the Inspector General, or other investigatory agencies (including protections under certain VA laws like sections 5701, 5705, and 7732 of title 38, the Privacy Act (5 U.S.C. 552a), some criminal laws (chapter 93 of title 18), and HIPAA rules), the required wording for nondisclosure forms under the Whistleblower Protection Enhancement Act (section 115(a)(1)), and that some contractors have similar protection under sections 4705 or 4712 of title 41. Training should be in person as much as possible. Every two years the Secretary must also give merit-system protection training that the Special Counsel approves. The Department must put these rights on its website and post them at each facility. The term “whistleblower disclosure” is defined in section 323 of this title.

Title 38, §733

Veterans' Benefits — Source: USLM XML via OLRC

(a)Not less frequently than once every two years, 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.),11 See References in Text note below. shall provide to each employee of the Department training regarding whistleblower disclosures, including—

(1)an explanation of each method established by law in which an employee may file a whistleblower disclosure;

(2)the right of the employee to petition Congress regarding a whistleblower disclosure in accordance with section 7211 of title 5;

(3)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 section 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);

(4)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

(5)the right of contractors to be protected from reprisal for the disclosure of certain information under section 4705 or 4712 of title 41.

(b)The Secretary shall ensure, to the maximum extent practicable, that training provided under subsection (a) is provided in person.

(c)Not less frequently than once every two years, the Secretary shall provide training on merit system protection in a manner that the Special Counsel certifies as being satisfactory.

(d)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 make a whistleblower disclosure, including the information described in paragraphs (1) through (5) of subsection (a).

(e)In this section, the term “whistleblower disclosure” has the meaning given such term in section 323 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in 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 was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 403(d)(1)(C) of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4209, 4361. section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a)(3), 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)(4), 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.

Prior Provisions

A prior section 733 was renumbered section 731 of this title.

§733 Training regarding whistleblower disclosures