PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF VETERANS AFFAIRS.

SEC. 102. PROTECTION OF WHISTLEBLOWERS IN DEPARTMENT OF VETERANS AFFAIRS. (a) In general.—Subchapter II of chapter 7 of title 38, United States Code, is amended by— (1) striking sections 731, 732, 734, 735, and 736; (2) by redesignating section 733 as section 731; and (3) by adding at the end the following new sections: “SEC. 732. [38 U.S.C. 732] Protection of whistleblowers as criteria in evaluation of supervisors “(a) Development and Use of Criteria Required.—The Secretary, in consultation with the Assistant Secretary of Accountability and Whistleblower Protection, shall develop criteria that— “(1) the Secretary shall use as a critical element in any evaluation of the performance of a supervisory employee; and “(2) promotes the protection of whistleblowers. “(b) Principles for Protection of Whistleblowers.—The criteria required by subsection (a) shall include principles for the protection of whistleblowers, such as the degree to which supervisory employees respond constructively when employees of the Department report concerns, take responsible action to resolve such concerns, and foster an environment in which employees of the Department feel comfortable reporting concerns to supervisory employees or to the appropriate authorities. “(c) Supervisory Employee and Whistleblower Defined.—In this section, the terms ‘supervisory employee’ and ‘whistleblower’ have the meanings given such terms in section 323 of this title. “SEC. 733. [38 U.S.C. 733] Training regarding whistleblower disclosures “(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.), 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 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); “(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) 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.” . (b) [38 U.S.C. 701] Clerical Amendments.—The table of sections at the beginning of such chapter is amended— (1) by striking the items relating to sections 731 through 736; and (2) by adding at the end the following new items:“731. Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints.“732. Protection of whistleblowers as criteria in evaluation of supervisors.“733. Training regarding whistleblower disclosures.”. (c) Conforming Amendments.—Section 731 of such title, as redesignated by subsection (a)(2), is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) by striking subparagraphs (A) and (B) and inserting the following: “(A) making a whistleblower disclosure to the Assistant Secretary for Accountability and Whistleblower Protection, the Inspector General of the Department, the Special Counsel, or Congress;” ; and (ii) by redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively; and (iii) in subparagraph (B), as redesignated by clause (ii), by striking “complaint in accordance with section 732 or with” and inserting “disclosure made to the Assistant Secretary for Accountability and Whistleblower Protection,”; and (B) in paragraph (2), by striking “through (F)” and inserting “through (E)”; and (2) by adding at the end the following new subsection: “(d) Whistleblower Disclosure Defined.—In this section, the term ‘whistleblower disclosure’ has the meaning given such term in section 323(g) of this title.” .