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38 U.S.C. § 733 — Training regarding whistleblower disclosures
Federal law — U.S. Code and appendices · legal_authorities
**(a) Training.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7211&num=0&edition=prelim);
(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 sections 5701, 5705, and 7732 of this title, under [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim) note); and
(5) the right of contractors to be protected from reprisal for the disclosure of certain i
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**(a) Training.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7211&num=0&edition=prelim);
(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 sections 5701, 5705, and 7732 of this title, under [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim) 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) Manner Training Is Provided.—** The Secretary shall ensure, to the maximum extent practicable, that training provided under subsection (a) is provided in person.
**(c) Certification.—** 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) Publication.—** 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) Whistleblower Disclosure Defined.—** In this section, the term “whistleblower disclosure” has the meaning given such term in [section 323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section323&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
The right of employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7211
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b).
(2) For the purpose of this section—
(A) “personnel action” means—
(i) an appointment;
(ii) a promotion;
(iii) an action under chapter 75 of this title or other disciplinary or corrective action;
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under chapter 43 of this title or under title 38;
(ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;
(x) a decision to order psychiatric testing or examination;
(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and
(xii) any other significant change in duties, responsibilities, or working conditions;
with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in [section 9101 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9101&num=0&edition=prelim);
(B) “covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action—
(i) excepted from the competitive service because of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) In accordance with paragraph (2), the Secretary shall carry out the following adverse actions against supervisory employees (as defined in [section 7103(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/a&num=0&edition=prelim)) whom the Secretary, an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or the Inspector General of the Department determines committed a prohibited personnel action described in subsection (c):
(A) With respect to the first offense, an adverse action that is not less than a 12-day suspension and not more than removal.
(B) With respect to the second offense, removal.
(2)
(A) An employee against whom an adverse action under paragraph (1) is proposed is entitled to written notice.
(B)
(i) 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.
(ii) 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.
(C) Paragraphs (1) and (2) of subsection (b) of [section 7513 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7513&num=0&edition=prelim), 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 ad
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 731
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Standards to enable electronic exchange**
(1) **In general** — The Secretary shall adopt standards for transactions, and data elements for such transactions, to enable health information to be exchanged electronically, that are appropriate for—
(A) the financial and administrative transactions described in paragraph (2); and
(B) other financial and administrative transactions determined appropriate by the Secretary, consistent with the goals of improving the operation of the health care system and reducing administrative costs, and subject to the requirements under paragraph (5).
(2) **Transactions** — The transactions referred to in paragraph (1)(A) are transactions with respect to the following:
(A) Health claims or equivalent encounter information.
(B) Health claims attachments.
(C) Enrollment and disenrollment in a health plan.
(D) Eligibility for a health plan.
(E) Health care payment and remittance advice.
(F) Health plan premium payments.
(G) First report of injury.
(H) Health claim status.
(I) Referral certification and authorization.
(J) Electronic funds transfers.
(3) **Accommodation of specific providers** — The standards adopted by the Secretary under paragraph (1) shall accommodate the needs of different types of health care providers.
(4) **Requirements for financial and administrative transactions**
(A) *In general* — The standards and associated operating rules adopted by the Secretary shall—
(i) to the extent feasible and appropriate, enable determination of an individual’s eligibility and financial responsibility for specific services prior to or at the point of care;
(ii) be comprehensive, requiring minimal augmentation by paper or other communications;
(iii) provide for timely acknowledg
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320d–2
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is established in the Department an office to be known as the “Office of Accountability and Whistleblower Protection” (in this section referred to as the “Office”).
**(b) Head of Office.—**
(1) The head of the Office shall be responsible for the functions of the Office and shall be appointed by the President pursuant to [section 308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section308/a&num=0&edition=prelim).
(2) The head of the Office shall be known as the “Assistant Secretary for Accountability and Whistleblower Protection”.
(3) The Assistant Secretary shall report directly to the Secretary on all matters relating to the Office.
(4) Notwithstanding [section 308(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section308/b&num=0&edition=prelim), the Secretary may only assign to the Assistant Secretary responsibilities relating to the functions of the Office set forth in subsection (c).
**(c) Functions.—**
(1) The functions of the Office are as follows:
(A) Advising the Secretary on all matters of the Department relating to accountability, including accountability of employees of the Department, retaliation against whistleblowers, and such matters as the Secretary considers similar and affect public trust in the Department.
(B) Issuing reports and providing recommendations related to the duties described in subparagraph (A).
(C) Receiving whistleblower disclosures.
(D) Referring whistleblower disclosures received under subparagraph (C) for investigation to the Office of the Medical Inspector, the Office of Inspector General, or other investigative entity, as appropriate, if the Assistant Secretary has reason to believe the whistleblower dis
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 323
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** For purposes of this section—
(1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title;
(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;
(3) the term “maintain” includes maintain, collect, use, or disseminate;
(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;
(6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim);
(7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;
(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or a system of records with non-Federal records for the purpose
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in chapter 4 of title 5. The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act.11 See References in Text note below.
**(b)**
(1) The Secretary shall provide for not less than 40 full-time positions in the Office of Inspector General in addition to the number of such positions in that office on March 15, 1989.
(2) The President shall include in the budget transmitted to the Congress for each fiscal year pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) an estimate of the amount for the Office of Inspector General that is sufficient to provide for a number of full-time positions in that office that is not less than the number of full-time positions in that office on March 15, 1989, plus 40.
**(c)**
(1) Whenever the Inspector General, in carrying out the duties and responsibilities established under chapter 4 of title 5, issues a work product the Inspector General shall—
(A) submit the work product to—
(i) the Secretary;
(ii) the Committee on Veterans’ Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate;
(iii) the Committee on Veterans’ Affairs, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives;
(iv) if the work product was initiated upon request by an individual or entity other than the Inspector General, that individual or entity; and
(v) any Member of Congress upon request; and
(B) the Inspector
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 312
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 734, added Pub. L. 114–223, div. A, title II, § 247(a)(1), Sept. 29, 2016, 130 Stat. 888, related to evaluation criteria of supervisors and treatment of bonuses.
Section 735, 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, related to training regarding whistleblower complaints. See [section 733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section733&num=0&edition=prelim).
Section 736, added Pub. L. 114–223, div. A, title II, § 247(a)(1), Sept. 29, 2016, 130 Stat. 889, related to reports to Congress on whistleblower complaints.
#### Prior Provisions
Prior sections 740 to 763, 765 to 779, 781 to 788, and 801 to 806 were renumbered sections 1940 to 1963, 1965 to 1979, 1981 to 1988, and 2101 to 2106 of this title, respectively.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 734 to 736
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Federal law — U.S. Code and appendices · legal_authorities
Page 125
TITLE 38—VETERANS’ BENEFITS
§ 733
1 See References in Text note below.
(B) providing information or participating
as a witness in an investigation of a whistle-
blower disclosure made to the Assistant Sec-
retary for Accountability and Whistleblower
Protection, the Inspector General of the De-
partment, the Special Counsel, or Congress;
(C) participating in an audit or investiga-
tion by the Comptroller General of the
United States;
(D) refusing to perform an action that is
unlawful or prohibited by the Department;
or
(E) engaging in communications that are
related to the duties of the position or are
otherwise protected.
(2) Preventing or restricting an employee
from making an action described in any of
subparagraphs (A) through (E) of paragraph
(1).
(3) 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.
(4) 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.
(d) WHISTLEBLOWER DISCLOSURE DEFINED.—In
this section, the term ‘‘whistleblower disclo-
sure’’ has the meaning given such term in sec-
tion 323(g) of this title.
(Added Pub. L. 114–223, div. A, title II, § 247(a)(1),
Sept. 29, 2016, 130 Stat. 887, § 733; renumbered § 731
and amended Pub. L. 115–41, title I, § 102(a)(2),
(c), title II, § 206, June 23, 2017, 131 Stat. 865, 867,
877.)
Editorial Notes
PRIOR PROVISIONS
A prior section 731, added Pub. L. 114–223, div. A, title
II, § 247(a)(1), Sept. 29, 2016, 130 Stat. 884, defined whis-
tleblower complaint, prior to repeal by Pub. L. 115–41,
title I, § 102(a)(1), June 23, 2017, 131 Stat. 865.
AMENDMENTS
2017—Pub. L. 115–41, § 102(a)(2),
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 733
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Federal law — U.S. Code and appendices · legal_authorities
Page 314
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 2302
‘‘(b) SPECIFIC REQUIREMENTS.—The data posted under
this section shall, with respect to the hearings and ap-
peals described in subsection (a), include summary sta-
tistical data corresponding to that described in para-
graphs (1) through (11) of section 301(b), and shall be
subject to the same timing and other requirements as
set forth in section 301(c).
‘‘(c) COORDINATION.—The data required under this sec-
tion shall be in addition to the data the Commission is
required to post under section 301 as an employing Fed-
eral agency.
‘‘SEC. 303. RULES.
‘‘The Equal Employment Opportunity Commission
shall issue any rules necessary to carry out this title.
‘‘TITLE IV—PROCESSING AND REFERRAL
‘‘SEC. 401. PROCESSING AND RESOLUTION OF COM-
PLAINTS.
‘‘Each Federal agency shall—
‘‘(1) be responsible for the fair and impartial proc-
essing and resolution of complaints of employment
discrimination (including retaliation) prohibited by a
provision of law covered by paragraph (1) or (2) of sec-
tion 201(a); and
‘‘(2) establish a model Equal Employment Oppor-
tunity Program that—
‘‘(A) is not under the control, either structurally
or practically, of the agency’s Office of Human Cap-
ital or Office of the General Counsel (or the equiva-
lent);
‘‘(B) is devoid of internal conflicts of interest and
ensures fairness and inclusiveness within the agen-
cy; and
‘‘(C) ensures the efficient and fair resolution of
complaints alleging discrimination (including re-
taliation).
‘‘SEC. 402. NO LIMITATION ON ADVICE OR COUN-
SEL.
‘‘Nothing in this title shall prevent a Federal agency
or a subcomponent of a Federal agency, or the Depart-
ment of Justice, from providing advice or counsel to
employees of that agency (or subcompo
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 2302
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