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HR 3281 108th Congress House

Whistleblower Protection Enhancement Act

Official title: To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in … Show full official titleShow less

Official title: To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections; to provide certain authority to the Special Counsel; and for other purposes.

Introduced: October 8, 2003 See on congress.gov
Government Operations and Politics Administrative remediesAppellate courtsArmed Forces and National SecurityCivil Rights and Liberties, Minority Issues
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Civil actions and liabilityClassified defense informationCongressCongressional investigationsCongressional oversightCongressional reporting requirementsCongressional witnessesCongressional-executive relationsCounterintelligenceDamagesDisciplining of employeesDiscrimination in employmentDismissal of employeesEconomics and Public FinanceEmployee rightsEvidence (Law)Executive ordersFederal employeesFines (Penalties)Government attorneysGovernment paperworkGovernmental investigationsInformation leakingInfrastructureInfrastructure (Economics)InjunctionsJudicial reviewJurisdictionLabor and EmploymentLabor contractsLawLegal feesMerit Systems Protection BoardOffice of Personnel ManagementOffice of Special CounselOfficial secretsParties to actionsPersonnel managementPresidential powersPromotionsSecurity clearancesWaste in government spendingWhistle blowing
This bill died when the 108th Congress ended
It never became law before the 108th Congress (2003–2004) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 4 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Sep 29, 2004
Ordered to be Reported (Amended) by Voice Vote.
Sep 29, 2004
Committee Consideration and Mark-up Session Held.
Oct 8, 2003
Referred to the House Committee on Government Reform.
Oct 8, 2003
Introduced in House
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 Latest action September 29, 2004

Ordered to be Reported (Amended) by Voice Vote.

 Plain-English summary Congressional Research Service

Whistleblower Protection Enhancement Act - Amends Federal law to protect specified disclosures by Federal employees or applicants without restriction as to time, place, form, motive, context, or prior disclosure.

Creates a rebuttable presumption regarding the performance of duty by employees with authority.

Prohibits implementation or enforcement of nondisclosure documents absent a statement that the restrictions imposed are consistent with and do not supersede specified laws.

Authorizes the Merit Systems Protection Board or any reviewing court to determine whether there was a violation of prohibited personnel practices in actions relating to security clearances and to provide specified relief.

Authorizes the President to exclude agencies with certain intelligence functions from coverage under the whistleblower statute only if the exclusion decision, as it relates to a personnel action, is made before that personnel action.

Includes compensatory damages in the list of authorized corrective actions the Board may impose. Authorizes the Board to impose a combination of discliplinary action and civil penalties.

Permits representation by attorneys for the Office of the Special Counsel in specified civil actions.

Authorizes the Office of Special Counsel to obtain judicial review of Board decisions.

Allows petitions for review to be filed in any court of appeals of competent jurisdiction during the five-year period beginning on the effective date of this Act (restricted to the Federal Circuit thereafter). Lengthens the appeal period.

Amends the Homeland Security Act of 2002 to clarify that the disclosure of independently obtained critical infrastructure information is a protected disclosure.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). H.R. 3281: Whistleblower Protection Enhancement Act. 108th Congress. Open America. https://openamerica.io/bill/108-HR-3281/
MLA
"H.R. 3281: Whistleblower Protection Enhancement Act." 108th Congress, 2026, Open America, https://openamerica.io/bill/108-HR-3281/.
Bluebook (legal)
H.R. 3281, 108th Cong. (2026), https://openamerica.io/bill/108-HR-3281/.
Markdown link
[H.R. 3281: Whistleblower Protection Enhancement Act](https://openamerica.io/bill/108-HR-3281/)
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