,i #aafth ,,congress #ast ,session ,h4 ,r4 #bihd ,,in ,,the ,,house ,,of ,,representatives ,may #bc1 #bjai,mr4 ,de,saulnier 7for himself1 ,mr4 ,carbajal1 ,mr4 ,huffman1 and ,mr4 ,scott of ,virginia7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to provide whistleblower protections to certain workers in the offshore oil and gas industry4 #a4 ,short title ,this ,act may be cited as the ,offshore ,oil and ,gas ,worker ,whistleblower ,protection ,act of #bjai4 #b4 ,whistleblower protections2 employee protection from other retaliation 7a7 ,prohibition against retaliation 7#a7 ,in general ,no employer may discharge or otherwise discriminate against a covered employee because the covered employee1 whether at the covered employee's initiative or in the ordinary course of the covered employee's duties-- 7,a7 provided1 caused to be provided1 or is about to provide or cause to be provided to the employer or to a ,federal or ,state ,government official1 information relating to any violation of1 or any act or omission the covered employee reasonably believes to be a violation of1 any provision of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acja et seq471 or any order1 rule1 regulation1 standard1 or prohibition under that ,act1 or exercised any rights provided to employees under that ,act2 7,b7 testified or is about to testify in a proceeding concerning such violation2 7,c7 assisted or participated or is about to assist or participate in such a proceeding2 7,d7 testified or is about to testify before ,congress on any matter covered by such ,act2 7,e7 objected to1 or refused to participate in any activity1 policy1 practice1 or assigned task that the covered employee reasonably believed to be in violation of any provision of such ,act1 or any order1 rule1 regulation1 standard1 or ban under such ,act2 7,f7 reported to the employer or a ,state or ,federal ,government official any of the following related to the employer's activities described in section #c7a73 an illness1 injury1 unsafe condition1 or information regarding the adequacy of any oil spill response plan required by law2 or 7,g7 refused to perform the covered employee's duties1 or exercised stop work authority1 related to the employer's activities described in section #c7a7 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 employees1 or cause an oil spill to the environment4 7#b7 ,good faith belief ,for purposes of paragraph 7#a77;,e71 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 employee would conclude there is such a hazard4 7b7 ,process 7#a7 ,in general ,a covered employee who believes that he or she has been discharged or otherwise discriminated against 7hereafter referred to as the complainant7 by any employer in violation of subsection 7a77#a7 may1 not later than #ahj 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 violation occurred1 file 7or have any person file on his or her behalf7 a complaint with the ,secretary of ,labor 7referred to in this section as the ,secretary7 alleging such discharge or discrimination and identifying employer or employers responsible for such act4 ,upon receipt of such a complaint1 the ,secretary shall notify1 in writing1 the employer or employers named in the complaint of the filing of the complaint1 of the allegations contained in the complaint1 of the substance of evidence supporting the complaint1 and of the opportunities that will be afforded to such person under paragraph 7#b74 7#b7 ,investigation 7,a7 ,in general ,not later than #ij days after the date of receipt of a complaint filed under paragraph 7#a7 the ,secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify1 in writing1 the complainant and the employer or employers alleged to have committed a violation of subsection 7a77#a7 of the ,secretary's findings4 ,the ,secretary shall1 during such investigation afford the complainant 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 representative of the ,secretary to present statements from witnesses4 ,the complainant shall be provided with an opportunity to review the information and evidence provided by employer or employers to the ,secretary1 and to review any response or rebuttal by such the complaint1 as part of such investigation4 7,b7 ,reasonable cause found2 preliminary order ,if the ,secretary concludes that there is reasonable cause to believe that a violation of subsection 7a77#a7 has occurred1 the ,secretary shall accompany the ,secretary's findings with a preliminary order providing the relief prescribed by paragraph 7#c77;,b74 7,c7 ,right of parties to appeal ,not later than #cj days after the date of notification of findings under this paragraph1 the employer or employers alleged to have committed the violation or the complainant may file objections to the findings or preliminary order1 or both1 including the dismissal of the complaint1 in whole or in part1 and request a hearing on the record before an administrative law judge of the ,department of ,labor4 ,any such hearing shall be conducted expeditiously4 ,if a hearing is not requested in such #cj-;day period1 the preliminary order shall be deemed a final order that is not subject to judicial review4 ,the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order issued under subparagraph 7,b74 ,the ,secretary of ,labor is authorized to enforce preliminary reinstatement orders in the ,united ,states district court for the district in which the violation was found to occur1 or in the ,united ,states district court for the ,district of ,columbia4 7,d7 ,dismissal of complaint 7i7 ,standard for complainant ,the ,secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph 7,a7 unless the complainant makes a prima facie showing that any behavior described in subparagraphs 7,a7 through 7,g7 of subsection 7a77#a7 was a contributing factor in the adverse action alleged in the complaint4 7ii7 ,standard for employer ,notwithstanding a finding by the ,secretary that the complainant has made the showing required under clause 7i71 no investigation otherwise required under subparagraph 7,a7 shall be conducted if the employer demonstrates1 by clear and convincing evidence1 that the employer would have taken the same adverse action in the absence of that behavior4 7iii7 ,violation standard ,the ,secretary may determine that a violation of subsection 7a77#a7 has occurred only if the complainant demonstrates that any behavior described in subparagraphs 7,a7 through 7,g7 of such subsection was a contributing factor in the adverse action alleged in the complaint4 7iv7 ,relief standard ,relief may not be ordered under subparagraph 7,a7 if the employer demonstrates by clear and convincing evidence that the employer would have taken the same adverse action in the absence of that behavior4 7#c7 ,orders 7,a7 ,in general ,not later than #ij days after the receipt of a request for a hearing under subsection 7b77#b77;,b71 the administrative law judge shall issue findings of fact and order the relief provided under this paragraph or deny the complaint4 ,at any time before issuance of an order1 a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the ,secretary1 the complainant1 and the person alleged to have committed the violation4 ,such a settlement may not be agreed by such parties if it contains conditions which conflict with rights protected under this ,act1 are contrary to public policy1 or include a restriction on a complainant's right to future employment with employers other than the specific employers named in the complaint4 7,b7 ,content of order ,if1 in response to a complaint filed under paragraph 7#a71 the administrative law judge determines that a violation of subsection 7a77#a7 has occurred1 the administrative law judge shall order the employer or employers who committed such violation to-- 7i7 take affirmative action to abate the violation2 7ii7 reinstate the complainant to his or her former position together with compensation 7including back pay and prejudgment interest7 and restore the terms1 conditions1 and privileges associated with his or her employment2 7iii7 expunge of all warnings1 reprimands1 or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action1 and1 at the complainant's direction1 transmit a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information2 and 7iv7 provide compensatory and consequential damages1 and1 as appropriate1 exemplary damages to the complainant4 7,c7 ,attorney fees ,if such an order is issued under this paragraph1 the ,secretary1 at the request of the complainant1 shall assess against the employer or employers a sum equal to the aggregate amount of all costs and expenses 7including attorneys' and expert witness fees7 reasonably incurred by the complainant for1 or in connection with1 the bringing of the complaint upon which the order was issued at the conclusion of any stage of the proceeding4 7,d7 ,bad faith claim ,if the ,secretary finds that a complaint under paragraph 7#a7 is frivolous or has been brought in bad faith1 the ,secretary may award to the prevailing employer reasonable attorneys' fees1 not exceeding #a1jjj1 to be paid by the complainant4 7,e7 ,administrative appeal ,not later than #cj days after the receipt of findings of fact or an order under subparagraph 7,b71 the employer or employers alleged to have committed the violation or the complainant may file1 with objections1 an administrative appeal with the ,secretary1 who may designate such appeal to a review board4 ,in reviewing a decision and order of the administrative law judge1 the ,secretary shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law4 ,the ,secretary shall issue a final decision and order affirming1 or reversing1 in whole or in part1 the decision under review within #ij days after receipt of the administrative appeal under this subparagraph4 ,if it is determined that a violation of subsection 7a77#a7 has occurred1 the ,secretary shall order relief provided under subparagraphs 7,b7 and 7,c74 ,such decision shall constitute a final agency action with respect to the matter appealed4 7#d7 ,action in court 7,a7 ,in general ,if the ,secretary has not issued a final decision within #ccj days after the filing of the complaint1 the complainant may bring an action at law or equity for de novo review in the appropriate district court of the ,united ,states1 which action shall1 at the request of either party to such action1 be tried by the court with a jury4 ,the proceedings shall be governed by the same legal burdens of proof specified in paragraph 7#b77;,c74 7,b7 ,relief ,the court may award all appropriate relief including injunctive relief1 compensatory and consequential damages1 including-- 7i7 reinstatement with the same seniority status that the covered employee would have had1 but for the discharge or discrimination2 7ii7 the amount of back pay sufficient to make the covered employee whole1 with prejudgment interest2 7iii7 expungement of all warnings1 reprimands1 or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action1 and1 at the complainant's direction1 transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information2 7iv7 exemplary damages1 as appropriate2 and 7v7 litigation costs1 including reasonable attorney fees and expert witness fees4 7#e7 ,review 7,a7 ,in general ,any person aggrieved by a final order issued under paragraph 7#c7 or a judgment or order under paragraph 7#d7 may obtain review of the order in the appropriate ,united ,states ,court of ,appeals4 ,the petition for review must be filed not later than #fj days after the date of the issuance of the final order of the ,secretary4 ,review shall be in accordance with chapter #g of title #e1 ,united ,states ,code4 ,the commencement of proceedings under this subparagraph shall not1 unless ordered by the court1 operate as a stay of the order4 7,b7 ,no other judicial review ,an order of the ,secretary with respect to which review could have been obtained under subparagraph 7,a7 shall not be subject to judicial review in any other proceeding4 7#f7 ,failure to comply with order ,whenever any employer has failed to comply with an order issued under paragraph 7#c71 the ,secretary may obtain in a civil action in the ,united ,states district court for the district in which the violation was found to occur1 or in the ,united ,states district court for the ,district of ,columbia1 all appropriate relief including1 but not limited to1 injunctive relief and compensatory damages4 7#g7 ,civil action to require compliance 7,a7 ,in general ,whenever an employer has failed to comply with an order issued under paragraph 7#c71 the complainant on whose behalf the order was issued may obtain in a civil action in an appropriate ,united ,states district court against the employer to whom the order was issued1 all appropriate relief4 7,b7 ,award ,the court1 in issuing any final order under this paragraph1 may award costs of litigation 7including reasonable attorneys' and expert witness fees7 to any party whenever the court determines such award is appropriate4 7c7 ,construction 7#a7 ,effect on other laws ,nothing in this section preempts or diminishes any other safeguards against discrimination1 demotion1 discharge1 suspension1 threats1 harassment1 reprimand1 retaliation1 or any other manner of discrimination provided by ,federal or ,state law4 7#b7 ,rights of employees ,nothing in this section shall be construed to diminish the rights1 privileges1 or remedies of any employee under any ,federal or ,state law or under any collective bargaining agreement4 ,the rights and remedies in this section may not be waived by any agreement1 policy1 form1 or condition of employment4 7d7 ,enforcement of nondiscretionary duties ,any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section #acfa of title #bh1 ,united ,states ,code4 7e7 ,posting of notice and training ,all employers shall post a notice which has been approved as to form and content by the ,secretary of ,labor in a conspicuous location in the place of employment where covered employees frequent which explains employee rights and remedies under this section4 ,each employer shall provide training to covered employees of their rights under this section within #cj days of employment1 and at not less than once every #ab months thereafter1 and provide covered employees with a card which contains a toll free telephone number at the ,department of ,labor which covered employees can call to get information or file a complaint under this section4 7f7 ,designation by the ,secretary ,the ,secretary of ,labor shall1 within #cj days of the date of enactment of this ,act1 designate by order the appropriate agency officials to receive1 investigate1 and adjudicate complaints of violations of subsection 7a77#a74 #c4 ,definitions ,as used in this ,act1 the following definitions apply3 7#a7 ,the term covered employee-- 7,a7 means an individual performing services on behalf of an employer that is engaged in activities on or in waters above the ,outer ,continental ,shelf related to-- 7i7 supporting1 or carrying out exploration1 development1 production1 processing1 or transportation of oil or gas2 or 7ii7 oil spill cleanup1 emergency response1 environmental surveillance1 protection1 or restoration1 or other oil spill activities related to occupational safety and health2 and 7,b7 includes an applicant for such employment4 7#b7 ,the term employer means one or more individuals1 partnerships1 associations1 corporations1 trusts1 unincorporated organizations1 nongovernmental organizations1 or trustees1 and includes any agent1 contractor1 subcontractor1 grantee or consultant of such employer4 7#c7 ,the term ,outer ,continental ,shelf has the meaning that the term outer ,continental ,shelf has in the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq474