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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, 
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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-
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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. 
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(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: 
LORRAINE C. MILLER, 
Clerk. 
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Calendar No. 510 
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. 
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