268 
lowing related to the employer’s activities de-
scribed in section 1003(1): an illness, injury, 
unsafe condition, or information regarding the 
adequacy of any oil spill response plan required 
by law; or 
(G) refused to perform the covered employ-
ee’s duties, or exercised stop work authority, re-
lated to the employer’s activities described in 
section 1003(1) if the covered employee had a 
good faith belief that performing such duties 
could result in injury to or impairment of the 
health of the covered employee or other employ-
ees, or cause an oil spill to the environment. 
(2) GOOD
FAITH
BELIEF.—For purposes of 
paragraph (1)(E), the circumstances causing the 
covered employee’s good faith belief that performing 
such duties would pose a health and safety hazard 
shall be of such a nature that a reasonable person 
under circumstances confronting the covered em-
ployee would conclude there is such a hazard. 
(b) PROCESS.— 
(1) IN GENERAL.—A covered employee who be-
lieves that he or she has been discharged or other-
wise discriminated against (hereafter referred to as 
the ‘‘complainant’’) by any employer in violation of
269 
subsection (a)(1) may, not later than 180 days after 
the date on which such alleged violation occurs or 
the date on which the covered employee knows or 
should reasonably have known that such alleged vio-
lation occurred, file (or have any person file on his 
or her behalf) a complaint with the Secretary of 
Labor (referred to in this section as the ‘‘Sec-
retary’’) alleging such discharge or discrimination 
and identifying employer or employers responsible 
for such act. Upon receipt of such a complaint, the 
Secretary shall notify, in writing, the employer or 
employers named in the complaint of the filing of 
the complaint, of the allegations contained in the 
complaint, of the substance of evidence supporting 
the complaint, and of the opportunities that will be 
afforded to such person under paragraph (2). 
(2) INVESTIGATION.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of receipt of a complaint filed 
under paragraph (1) the Secretary shall initiate 
an investigation and determine whether there is 
reasonable cause to believe that the complaint 
has merit and notify, in writing, the complain-
ant and the employer or employers alleged to 
have committed a violation of subsection (a)(1)
270 
of the Secretary’s findings. The Secretary shall, 
during such investigation afford the complain-
ant and the employer or employers named in 
the complaint an opportunity to submit to the 
Secretary a written response to the complaint 
and an opportunity to meet with a representa-
tive of the Secretary to present statements from 
witnesses. The complainant shall be provided 
with an opportunity to review the information 
and evidence provided by employer or employers 
to the Secretary, and to review any response or 
rebuttal by such the complaint, as part of such 
investigation. 
(B) REASONABLE CAUSE FOUND; PRELIMI-
NARY ORDER.—If the Secretary concludes that 
there is reasonable cause to believe that a viola-
tion of subsection (a)(1) has occurred, the Sec-
retary shall accompany the Secretary’s findings 
with a preliminary order providing the relief 
prescribed by paragraph (3)(B). Not later than 
30 days after the date of notification of find-
ings under this paragraph, the employer or em-
ployers alleged to have committed the violation 
or the complainant may file objections to the 
findings or preliminary order, or both, and re-
271 
quest a hearing on the record before an admin-
istrative law judge of the Department of Labor. 
The filing of such objections shall not operate 
to stay any reinstatement remedy contained in 
the preliminary order. Any such hearing shall 
be conducted expeditiously. If a hearing is not 
requested in such 30-day period, the prelimi-
nary order shall be deemed a final order that is 
not subject to judicial review. The Secretary of 
Labor is authorized to enforce preliminary rein-
statement orders in the United States district 
court for the district in which the violation was 
found to occur, or in the United States district 
court for the District of Columbia. 
(C) DISMISSAL OF COMPLAINT.— 
(i) STANDARD FOR COMPLAINANT.— 
The Secretary shall dismiss a complaint 
filed under this subsection and shall not 
conduct an investigation otherwise required 
under subparagraph (A) unless the com-
plainant makes a prima facie showing that 
any behavior described in subparagraphs 
(A) through (G) of subsection (a)(1) was a 
contributing factor in the adverse action 
alleged in the complaint.
272 
(ii) STANDARD FOR EMPLOYER.—Not-
withstanding a finding by the Secretary 
that the complainant has made the show-
ing required under clause (i), no investiga-
tion otherwise required under subpara-
graph (A) shall be conducted if the em-
ployer demonstrates, by clear and con-
vincing evidence, that the employer would 
have taken the same adverse action in the 
absence of that behavior. 
(iii) 
VIOLATION
STANDARD.—The 
Secretary may determine that a violation 
of subsection (a)(1) has occurred only if 
the complainant demonstrates that any be-
havior described in subparagraphs (A) 
through (G) of such subsection was a con-
tributing factor in the adverse action al-
leged in the complaint. 
(iv) RELIEF STANDARD.—Relief may 
not be ordered under subparagraph (A) if 
the employer demonstrates by clear and 
convincing evidence that the employer 
would have taken the same adverse action 
in the absence of that behavior. 
(3) ORDERS.—
273 
(A) IN GENERAL.—Not later than 90 days 
after the receipt of a request for a hearing 
under subsection (b)(2)(B), the administrative 
law judge shall issue findings of fact and order 
the relief provided under this paragraph or 
deny the complaint. At any time before issuance 
of an order, a proceeding under this subsection 
may be terminated on the basis of a settlement 
agreement entered into by the Secretary, the 
complainant, and the person alleged to have 
committed the violation. Such a settlement may 
not be agreed by such parties if it contains con-
ditions which conflict with rights protected 
under this title, are contrary to public policy, or 
include a restriction on a complainant’s right to 
future employment with employers other than 
the specific employers named in the complaint. 
(B) CONTENT OF ORDER.—If, in response 
to a complaint filed under paragraph (1), the 
administrative law judge determines that a vio-
lation of subsection (a)(1) has occurred, the ad-
ministrative law judge shall order the employer 
or employers who committed such violation— 
(i) to take affirmative action to abate 
the violation;
274 
(ii) to reinstate the complainant to his 
or her former position together with com-
pensation (including back pay and prejudg-
ment interest) and restore the terms, con-
ditions, and privileges associated with his 
or her employment; and 
(iii) to provide compensatory and con-
sequential damages, and, as appropriate, 
exemplary damages to the complainant. 
(C) ATTORNEY FEES.—If such an order is 
issued under this paragraph, the Secretary, at 
the request of the complainant, shall assess 
against the employer or employers a sum equal 
to the aggregate amount of all costs and ex-
penses (including attorneys’ and expert witness 
fees) reasonably incurred by the complainant 
for, or in connection with, the bringing of the 
complaint upon which the order was issued at 
the conclusion of any stage of the proceeding. 
(D) BAD FAITH CLAIM.—If the Secretary 
finds that a complaint under paragraph (1) is 
frivolous or has been brought in bad faith, the 
Secretary may award to the prevailing employer 
reasonable 
attorneys’ 
fees, 
not 
exceeding 
$1,000, to be paid by the complainant.
275 
(E) ADMINISTRATIVE APPEAL.—Not later 
than 30 days after the receipt of findings of 
fact or an order under subparagraph (B), the 
employer or employers alleged to have com-
mitted the violation or the complainant may 
file, with objections, an administrative appeal 
with the Secretary, who may designate such ap-
peal to a review board. In reviewing a decision 
and order of the administrative law judge, the 
Secretary shall affirm the decision and order if 
it is determined that the factual findings set 
forth therein are supported by substantial evi-
dence and the decision and order are made in 
accordance with applicable law. The Secretary 
shall issue a final decision and order affirming, 
or reversing, in whole or in part, the decision 
under review within 90 days after receipt of the 
administrative appeal under this subparagraph. 
If it is determined that a violation of subsection 
(a)(1) has occurred, the Secretary shall order 
relief provided under subparagraphs (B) and 
(C). Such decision shall constitute a final agen-
cy action with respect to the matter appealed. 
(4) ACTION IN COURT.—
276 
(A) IN
GENERAL.—If the Secretary has 
not issued a final decision within 300 days after 
the filing of the complaint, the complainant 
may bring an action at law or equity for de 
novo review in the appropriate district court of 
the United States, which action shall, at the re-
quest of either party to such action, be tried by 
the court with a jury. The proceedings shall be 
governed by the same legal burdens of proof 
specified in paragraph (2)(C). 
(B) RELIEF.—The court may award all 
appropriate relief including injunctive relief, 
compensatory and consequential damages, in-
cluding— 
(i) reinstatement with the same se-
niority status that the covered employee 
would have had, but for the discharge or 
discrimination; 
(ii) the amount of back pay sufficient 
to make the covered employee whole, with 
prejudgment interest; 
(iii) exemplary damages, as appro-
priate; and 
(iv) litigation costs, including reason-
able attorney fees and expert witness fees.
277 
(5) REVIEW.— 
(A) IN GENERAL.—Any person aggrieved 
by a final order issued under paragraph (3) or 
a judgment or order under paragraph (4) may 
obtain review of the order in the appropriate 
United States Court of Appeals. The petition 
for review must be filed not later than 60 days 
after the date of the issuance of the final order 
of the Secretary. Review shall be in accordance 
with chapter 7 of title 5, United States Code. 
The commencement of proceedings under this 
subparagraph shall not, unless ordered by the 
court, operate as a stay of the order. 
(B) NO
OTHER
JUDICIAL
REVIEW.—An 
order of the Secretary with respect to which re-
view could have been obtained under subpara-
graph (A) shall not be subject to judicial review 
in any other proceeding. 
(6) FAILURE TO COMPLY WITH ORDER.—When-
ever any employer has failed to comply with an order 
issued under paragraph (3), the Secretary may ob-
tain in a civil action in the United States district 
court for the district in which the violation was 
found to occur, or in the United States district court 
for the District of Columbia, all appropriate relief
278 
including, but not limited to, injunctive relief and 
compensatory damages. 
(7) CIVIL ACTION TO REQUIRE COMPLIANCE.— 
(A) IN GENERAL.—Whenever an employer 
has failed to comply with an order issued under 
paragraph (3), the complainant on whose behalf 
the order was issued may obtain in a civil ac-
tion in an appropriate United States district 
court against the employer to whom the order 
was issued, all appropriate relief. 
(B) AWARD.—The court, in issuing any 
final order under this paragraph, may award 
costs of litigation (including reasonable attor-
neys’ and expert witness fees) to any party 
whenever the court determines such award is 
appropriate. 
(c) CONSTRUCTION.— 
(1) EFFECT ON OTHER LAWS.—Nothing in this 
section preempts or diminishes any other safeguards 
against discrimination, demotion, discharge, suspen-
sion, threats, harassment, reprimand, retaliation, or 
any other manner of discrimination provided by Fed-
eral or State law. 
(2) RIGHTS OF EMPLOYEES.—Nothing in this 
section shall be construed to diminish the rights,
279 
privileges, or remedies of any employee under any 
Federal or State law or under any collective bar-
gaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, 
form, or condition of employment. 
(d) ENFORCEMENT
OF NONDISCRETIONARY DU-
TIES.—Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought 
under section 1361 of title 28, United States Code. 
(e) POSTING OF NOTICE AND TRAINING.—All em-
ployers shall post a notice which has been approved as to 
form and content by the Secretary of Labor in a con-
spicuous location in the place of employment where cov-
ered employees frequent which explains employee rights 
and remedies under this section. Each employer shall pro-
vide training to covered employees of their rights under 
this section within 30 days of employment, and at not less 
than once every 12 months thereafter, and provide covered 
employees with a card which contains a toll free telephone 
number at the Department of Labor which covered em-
ployees can call to get information or file a complaint 
under this section. 
(f) DESIGNATION BY THE SECRETARY.—The Sec-
retary of Labor shall, within 30 days of the date of enact-
ment of this Act, designate by order the appropriate agen-
280 
cy officials to receive, investigate, and adjudicate com-
plaints of violations of subsection (a)(1). 
SEC. 1003. DEFINITIONS. 
As used in this title the following definitions apply: 
(1) The term ‘‘covered employee’’— 
(A) means an individual performing serv-
ices on behalf of an employer that is engaged 
in activities on or in waters above the Outer 
Continental Shelf related to— 
(i) supporting, or carrying out explo-
ration, 
development, 
production, 
proc-
essing, or transportation of oil or gas; or 
(ii) oil spill cleanup, emergency re-
sponse, environmental surveillance, protec-
tion, or restoration, or other oil spill activi-
ties related to occupational safety and 
health; and 
(B) includes an applicant for such employ-
ment. 
(2) The term ‘‘employer’’ means one or more 
individuals, partnerships, associations, corporations, 
trusts, unincorporated organizations, nongovern-
mental organizations, or trustees, and includes any 
agent, contractor, subcontractor, grantee or consult-
ant of such employer.
281 
(3) The term ‘‘Outer Continental Shelf’’ has 
the meaning that the term ‘‘outer Continental Shelf’’ 
has in the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.). 
Passed the House of Representatives July 30, 2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 3534 
AN ACT 
To provide greater efficiencies, transparency, re-
turns, and accountability in the administration of 
Federal mineral and energy resources by consoli-
dating administration of various Federal energy 
minerals management and leasing programs into 
one entity to be known as the Office of Federal 
Energy and Minerals Leasing of the Department 
of the Interior, and for other purposes.