Summary: H.R.3281 — 108th Congress (2003-2004)All Information (Except Text)

There is one summary for H.R.3281. Bill summaries are authored by CRS.

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Introduced in House (10/08/2003)

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.