I 111th CONGRESS 2d Session H. R. 5698 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.

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:

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:

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.

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