The following is a list of differences between two pieces of WPEA legislation, as of early July 2012.
- Anti-gag provisions (Sec. 104, p. 8, lines 3-9; Sec. 115(a)(3)(B), p. 23, lines 23-25 and p. 24, lines 1-8) The Senate bill adds that any agency with relevant nondisclosure agreements, forms or policies must include the mandatory addendum on its website. It also replaces the list of specific protected statutes with a broader shield for all laws relating to whistleblower protection, congressional communications and classified information. In HR 3289, the website requirement is a discretionary prerequisite for an agency to enforce nondisclosure provisions against former employees.
- Sunset provisions for due process hearing/trial procedures (Sec. 117, p. 34, lines 10-18, and Section 118(b), p. 35, lines 17-24, and p. 36, lines 1-2) The House bill does not have them for court access or MSPB summary judgment authority.
- Burdens of proof for court access (Sec. 117(a), p, 33, lines 3-4) The House bill does not reduce the employer's burden for the affirmative independent justification defense from "clear and convincing evidence" to a "preponderance of the evidence."
- Jury trials: (Sec. 117(a), p, 33, lines 3-4) The House bill does not contain the Senate provision providing for jury trials.
- Judicial review: (Sec. 108, p. 12, lines 23-5, and p. 13, lines 1-8; p. 14, lines 10-24) The House bill substitutes the D.C. Circuit for all circuits review, and is not limited to five years.
- GAO study on WPEA implementation: (Sec. 116, p. 25, line 5) The Senate bill extends the time for GAO's study on WPEA implementation (i.e., case outcomes) from 40 to 48 months.
- Contractors: (HR 3289 Sec. 121, pp. 39-46) The Senate bill does not include the House pilot to expand 1- USC 2409 for all employees. (However, the Senate is in the process of passing S. 241 within the DAA to expand and make permanent the stimulus whistleblower provisions for all federal spending.)
- T2 Intelligence Community whistleblowing disclosures: (Sec. 203(a)(2), lines 24-5) The Senate bill makes the Secretary of Defense a mandatory IG referral for any IC whistleblowing disclosures that concern the Department of Defense.
- T2 regulations: (Sec. 204(b), p. 64, lines 4-5) The Senate bill requires the Director of National Intelligence to consult with the Secretary of Defense when preparing anti-retaliation regulations to implement Title 2.
- T2 Appellate Review Board: (Sec. 204(b)(2)(B)(ii), p. 65, lines 12-15) The Senate bill adds mandatory membership for the Intelligence Community and DOD Inspector General.
