11 See References in Text note below.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)
section 7211 of title 5 the right of the employee to petition Congress regarding a whistleblower disclosure in accordance with ;
(3)
section 552a of title 5Public Law 104–191 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 (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 ();
(4)
5 U.S.C. 2302 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 ( 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 .—
section 323 of this titleIn this section, the term “whistleblower disclosure” has the meaning given such term in .
section 264(c) of Pub. L. 104–191section 1320d–2 of Title 42Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a)(3), is , which is set out as a note under , The Public Health and Welfare.
section 115(a)(1) of Pub. L. 112–199section 2302 of Title 5Section 115(a)(1) of the Whistleblower Protection Enhancement Act of 2012, referred to in subsec. (a)(4), is , which is set out as a note under , Government Organization and Employees.