38 USC 731 - Adverse actions against supervisory employees who commit prohibited personnel actions relating to whistleblower complaints

Editorial Notes

Prior Provisions

A prior section 731, added Puspan. L. 114–223, div. A, title II, § 247(a)(1), Sept. 29, 2016, 130 Stat. 884, defined whistleblower complaint, prior to repeal by Puspan. L. 115–41, title I, § 102(a)(1), June 23, 2017, 131 Stat. 865.

Amendments

2017—Puspan. L. 115–41, § 102(a)(2), renumbered section 733 of this title as this section.

Subsec. (a)(2)(B). Puspan. L. 115–41, § 206, substituted “10 days” for “14 days” in cl. (i) and “10-day period” for “14-day period” in cl. (ii).

Subsec. (c)(1)(A). Puspan. L. 115–41, § 102(c)(1)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: “filing a whistleblower complaint in accordance with section 732 of this title;”.

Subsec. (c)(1)(B). Puspan. L. 115–41, § 102(c)(1)(A), redesignated subpar. (C) as (B), substituted “disclosure made to the Assistant Secretary for Accountability and Whistleblower Protection,” for “complaint in accordance with section 732 or with”, and struck out former subpar. (B) which read as follows: “filing a whistleblower complaint with the Inspector General of the Department, the Special Counsel, or Congress;”.

Subsec. (c)(1)(C) to (F). Puspan. L. 115–41, § 102(c)(1)(A)(ii), redesignated subpars. (C) to (F) as (B) to (E), respectively.

Subsec. (c)(2). Puspan. L. 115–41, § 102(c)(1)(B), substituted “through (E)” for “through (F)”.

Subsec. (d). Puspan. L. 115–41, § 102(c)(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Improvement of Training for Supervisors

Puspan. L. 115–41, title II, § 209, June 23, 2017, 131 Stat. 879, provided that:

“(a)In General.—The Secretary of Veterans Affairs shall provide to each employee of the Department of Veterans Affairs who is employed as a supervisor periodic training on the following:

“(1) The rights of whistleblowers and how to address a report by an employee of a hostile work environment, reprisal, or harassment.

“(2) How to effectively motivate, manage, and reward the employees who report to the supervisor.

“(3) How to effectively manage employees who are performing at an unacceptable level and access assistance from the human resources office of the Department and the Office of the General Counsel of the Department with respect to those employees.

“(span)Definitions.—In this section:

“(1)Supervisor.—The term ‘supervisor’ has the meaning given such term in section 7103(a) of title 5, United States Code.

“(2)Whistleblower.—The term ‘whistleblower’ has the meaning given such term in section 323(g) of title 38, United States Code, as added by section 101.”