I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PROTECTION OF EMPLOYEES FROM RETALIA4 TION BY THEIR EMPLOYER FOR COOPER5 ATING IN INVESTIGATIONS. 

6 (a) OIL POLLUTION ACT OF 1990.— 


pwalker on DSK8KYBLC1PROD with BILLS
2 

•HR 5698 IH

1 (1) PROHIBITION.—Title VI of the Oil Pollution 

2 Act of 1990 (33 U.S.C. 2751 et seq.) is amended by 

3 inserting after section 6002 the following new sec4 tion: 

5 ‘‘SEC. 6003. RETALIATION PROHIBITED. 

6 ‘‘(a) PROHIBITION.—No person or employer may dis7 charge any employee or otherwise discriminate against any 

8 employee with respect to the employee’s compensation, 

9 terms, conditions, or other privileges of employment be10 cause the employee (or any person acting pursuant to a 

11 request of the employee)— 

12 ‘‘(1) notified the appropriate Federal official, a 

13 Federal or State law enforcement or regulatory 

14 agency, or the employee’s employer of an alleged vio15 lation of this Act, including notification of such an 

16 alleged violation through communications related to 

17 carrying out the employee’s job duties; 

18 ‘‘(2) refused to participate in any conduct that 

19 the employee reasonably believes is in noncompliance 

20 with a requirement of this Act if the employee has 

21 identified the alleged noncompliance to the employer; 

22 ‘‘(3) testified before or otherwise provided infor23 mation relevant for Congress or for any Federal or 

24 State proceeding regarding any provision (or pro25 posed provision) of this Act; 


pwalker on DSK8KYBLC1PROD with BILLS
3 

•HR 5698 IH

1 ‘‘(4) commenced, caused to be commenced, or is 

2 about to commence or cause to be commenced a pro3 ceeding under this Act; 

4 ‘‘(5) testified or is about to testify in any such 

5 proceeding; or 

6 ‘‘(6) assisted or participated or is about to as7 sist or participate in any manner in such a pro8 ceeding or in any other manner in such a proceeding 

9 or in any other action to carry out the purposes of 

10 this Act. 

11 ‘‘(b) ENFORCEMENT ACTION.—Any employee covered 

12 by this section who alleges discrimination by an employer 

13 in violation of subsection (a) may bring an action governed 

14 by the rules and procedures, legal burdens of proof, and 

15 remedies applicable under subsections (d) through (h) of 

16 section 20109 of title 49, United States Code. A party 

17 may seek district court review as set forth in subsection 

18 (d)(3) of such section not later than 90 days after receiv19 ing a written final determination by the Secretary of 

20 Labor. 

21 ‘‘(c) APPLICATION WITH RESPECT AMENDMENTS.— 

22 In this section, any reference to this Act includes the pro23 visions of law enacted by the amendment made by this 

24 Act.’’. 


pwalker on DSK8KYBLC1PROD with BILLS
4 

•HR 5698 IH

1 (2) CLERICAL AMENDMENT.—The table of con2 tents in section 2 of such Act is amended by striking 

3 the item relating to section 6003 and inserting the 

4 following: 

‘‘6003. Retaliation prohibited.’’. 

5 (b) OUTER CONTINENTAL SHELF LANDS ACT.—The 

6 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 

7 seq.) is amended by adding at the end the following new 

8 section: 

9 ‘‘SEC. 32. RETALIATION PROHIBITED. 

10 ‘‘(a) PROHIBITION.—No person or employer may dis11 charge any employee or otherwise discriminate against any 

12 employee with respect to the employee’s compensation, 

13 terms, conditions, or other privileges of employment be14 cause the employee (or any person acting pursuant to a 

15 request of the employee)— 

16 ‘‘(1) notified the appropriate Federal official, a 

17 Federal or State law enforcement or regulatory 

18 agency, or the employee’s employer of an alleged vio19 lation of this Act, including notification of such an 

20 alleged violation through communications related to 

21 carrying out the employee’s job duties; 

22 ‘‘(2) refused to participate in any conduct that 

23 the employee reasonably believes is in noncompliance 

24 with a requirement of this Act if the employee has 

25 identified the alleged noncompliance to the employer; 


pwalker on DSK8KYBLC1PROD with BILLS
5 

•HR 5698 IH

1 ‘‘(3) testified before or otherwise provided infor2 mation relevant for Congress or for any Federal or 

3 State proceeding regarding any provision (or pro4 posed provision) of this Act; 

5 ‘‘(4) commenced, caused to be commenced, or is 

6 about to commence or cause to be commenced a pro7 ceeding under this Act; 

8 ‘‘(5) testified or is about to testify in any such 

9 proceeding; or 

10 ‘‘(6) assisted or participated or is about to as11 sist or participate in any manner in such a pro12 ceeding or in any other manner in such a proceeding 

13 or in any other action to carry out the purposes of 

14 this Act. 

15 ‘‘(b) ENFORCEMENT ACTION.—Any employee covered 

16 by this section who alleges discrimination by an employer 

17 in violation of subsection (a) may bring an action governed 

18 by the rules and procedures, legal burdens of proof, and 

19 remedies applicable under subsections (d) through (h) of 

20 section 20109 of title 49, United States Code. A party 

21 may seek district court review as set forth in subsection 

22 (d)(3) of such section not later than 90 days after receiv23 ing a written final determination by the Secretary of 

24 Labor.’’. 

Æ 


pwalker on DSK8KYBLC1PROD with BILLS