[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5698 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5698

To amend the Oil Pollution Act of 1990 and the Outer Continental Shelf 
     Lands Act to protect employees from retaliation for notifying 
    government officials of violations of those Acts, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2010

 Mr. Melancon introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
    Committee on Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Oil Pollution Act of 1990 and the Outer Continental Shelf 
     Lands Act to protect employees from retaliation for notifying 
    government officials of violations of those Acts, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROTECTION OF EMPLOYEES FROM RETALIATION BY THEIR EMPLOYER 
              FOR COOPERATING IN INVESTIGATIONS.

    (a)  Oil Pollution Act of 1990.--
            (1) Prohibition.--Title VI of the Oil Pollution Act of 1990 
        (33 U.S.C. 2751 et seq.) is amended by inserting after section 
        6002 the following new section:

``SEC. 6003. RETALIATION PROHIBITED.

    ``(a) Prohibition.--No person or employer may discharge any 
employee or otherwise discriminate against any employee with respect to 
the employee's compensation, terms, conditions, or other privileges of 
employment because the employee (or any person acting pursuant to a 
request of the employee)--
            ``(1) notified the appropriate Federal official, a Federal 
        or State law enforcement or regulatory agency, or the 
        employee's employer of an alleged violation of this Act, 
        including notification of such an alleged violation through 
        communications related to carrying out the employee's job 
        duties;
            ``(2) refused to participate in any conduct that the 
        employee reasonably believes is in noncompliance with a 
        requirement of this Act if the employee has identified the 
        alleged noncompliance to the employer;
            ``(3) testified before or otherwise provided information 
        relevant for Congress or for any Federal or State proceeding 
        regarding any provision (or proposed provision) of this Act;
            ``(4) commenced, caused to be commenced, or is about to 
        commence or cause to be commenced a proceeding under this Act;
            ``(5) testified or is about to testify in any such 
        proceeding; or
            ``(6) assisted or participated or is about to assist or 
        participate in any manner in such a proceeding or in any other 
        manner in such a proceeding or in any other action to carry out 
        the purposes of this Act.
    ``(b) Enforcement Action.--Any employee covered by this section who 
alleges discrimination by an employer in violation of subsection (a) 
may bring an action governed by the rules and procedures, legal burdens 
of proof, and remedies applicable under subsections (d) through (h) of 
section 20109 of title 49, United States Code. A party may seek 
district court review as set forth in subsection (d)(3) of such section 
not later than 90 days after receiving a written final determination by 
the Secretary of Labor.
    ``(c) Application With Respect Amendments.--In this section, any 
reference to this Act includes the provisions of law enacted by the 
amendment made by this Act.''.
            (2) Clerical amendment.--The table of contents in section 2 
        of such Act is amended by striking the item relating to section 
        6003 and inserting the following:

``6003. Retaliation prohibited.''.
    (b) Outer Continental Shelf Lands Act.--The Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the 
following new section:

``SEC. 32. RETALIATION PROHIBITED.

    ``(a) Prohibition.--No person or employer may discharge any 
employee or otherwise discriminate against any employee with respect to 
the employee's compensation, terms, conditions, or other privileges of 
employment because the employee (or any person acting pursuant to a 
request of the employee)--
            ``(1) notified the appropriate Federal official, a Federal 
        or State law enforcement or regulatory agency, or the 
        employee's employer of an alleged violation of this Act, 
        including notification of such an alleged violation through 
        communications related to carrying out the employee's job 
        duties;
            ``(2) refused to participate in any conduct that the 
        employee reasonably believes is in noncompliance with a 
        requirement of this Act if the employee has identified the 
        alleged noncompliance to the employer;
            ``(3) testified before or otherwise provided information 
        relevant for Congress or for any Federal or State proceeding 
        regarding any provision (or proposed provision) of this Act;
            ``(4) commenced, caused to be commenced, or is about to 
        commence or cause to be commenced a proceeding under this Act;
            ``(5) testified or is about to testify in any such 
        proceeding; or
            ``(6) assisted or participated or is about to assist or 
        participate in any manner in such a proceeding or in any other 
        manner in such a proceeding or in any other action to carry out 
        the purposes of this Act.
    ``(b) Enforcement Action.--Any employee covered by this section who 
alleges discrimination by an employer in violation of subsection (a) 
may bring an action governed by the rules and procedures, legal burdens 
of proof, and remedies applicable under subsections (d) through (h) of 
section 20109 of title 49, United States Code. A party may seek 
district court review as set forth in subsection (d)(3) of such section 
not later than 90 days after receiving a written final determination by 
the Secretary of Labor.''.
                                 <all>