273 
SEC. 803. DEFINITIONS. 
In this title: 
(1) COVERED
LANDS.—The term ‘‘covered 
lands’’ means— 
(A) all Federal onshore lands and offshore 
lands that are under the administrative jurisdic-
tion of the Department of the Interior for pur-
poses of oil and gas leasing; and 
(B) Indian onshore lands. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
TITLE IX—OFFSHORE OIL AND 
GAS 
WORKER 
WHISTLE-
BLOWER PROTECTION 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Offshore Oil and Gas 
Worker Whistleblower Protection Act of 2011’’. 
SEC. 902. WHISTLEBLOWER PROTECTIONS; EMPLOYEE 
PROTECTION FROM OTHER RETALIATION. 
(a) PROHIBITION AGAINST RETALIATION.— 
(1) IN GENERAL.—No employer may discharge 
or otherwise discriminate against a covered employee 
because the covered employee, whether at the cov-
ered employee’s initiative or in the ordinary course 
of the covered employee’s duties— 
VerDate Mar 15 2010 
02:42 Feb 03, 2011
Jkt 099200
PO 00000
Frm 00273
Fmt 6652
Sfmt 6201
E:\BILLS\H501.IH
H501
pwalker on DSKD5P82C1PROD with BILLS
274 
(A) provided, caused to be provided, or is 
about to provide or cause to be provided to the 
employer or to a Federal or State government 
official, information relating to any violation of, 
or any act or omission the covered employee 
reasonably believes to be a violation of, any pro-
vision of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1301 et seq.), or any order, rule, 
regulation, standard, or prohibition under that 
Act, or exercised any rights provided to employ-
ees under that Act; 
(B) testified or is about to testify in a pro-
ceeding concerning such violation; 
(C) assisted or participated or is about to 
assist or participate in such a proceeding; 
(D) testified or is about to testify before 
Congress on any matter covered by such Act; 
(E) objected to, or refused to participate in 
any activity, policy, practice, or assigned task 
that the covered employee reasonably believed 
to be in violation of any provision of such Act, 
or any order, rule, regulation, standard, or ban 
under such Act; 
(F) reported to the employer or a State or 
Federal government official any of the following 
VerDate Mar 15 2010 
02:42 Feb 03, 2011
Jkt 099200
PO 00000
Frm 00274
Fmt 6652
Sfmt 6201
E:\BILLS\H501.IH
H501
pwalker on DSKD5P82C1PROD with BILLS
275 
related to the employer’s activities described in 
section 1003(1): an illness, injury, unsafe condi-
tion, 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 
subsection (a)(1) may, not later than 180 days after 
VerDate Mar 15 2010 
02:42 Feb 03, 2011
Jkt 099200
PO 00000
Frm 00275
Fmt 6652
Sfmt 6201
E:\BILLS\H501.IH
H501
pwalker on DSKD5P82C1PROD with BILLS
276 
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) 
of the Secretary’s findings. The Secretary shall, 
VerDate Mar 15 2010 
02:42 Feb 03, 2011
Jkt 099200
PO 00000
Frm 00276
Fmt 6652
Sfmt 6201
E:\BILLS\H501.IH
H501
pwalker on DSKD5P82C1PROD with BILLS
277 
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-
quest a hearing on the record before an admin-
VerDate Mar 15 2010 
02:42 Feb 03, 2011
Jkt 099200
PO 00000
Frm 00277
Fmt 6652
Sfmt 6201
E:\BILLS\H501.IH
H501
pwalker on DSKD5P82C1PROD with BILLS
278 
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. 
VerDate Mar 15 2010 
02:42 Feb 03, 2011
Jkt 099200
PO 00000
Frm 00278
Fmt 6652
Sfmt 6201
E:\BILLS\H501.IH
H501
pwalker on DSKD5P82C1PROD with BILLS