Offshore Oil and Gas Worker Whistleblower Protection Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9947 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 9947

To provide whistleblower protections to certain workers in the offshore
                         oil and gas industry.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2026

Mr. DeSaulnier introduced the following bill; which was referred to the
                  Committee on Education and Workforce

_______________________________________________________________________

                                 A BILL

To provide whistleblower protections to certain workers in the offshore
                         oil and gas industry.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Offshore Oil and Gas Worker
Whistleblower Protection Act''.

SEC. 2. WHISTLEBLOWER PROTECTIONS; EMPLOYEE PROTECTION FROM OTHER
              RETALIATION.

    (a) Prohibition Against Retaliation.--No employer may discharge or
otherwise discriminate against a covered employee because the covered
employee, whether at the covered employee's initiative or in the
ordinary course of the covered employee's duties--
            (1) 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 provision 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 employees under
        that Act;
            (2) testified or is about to testify in a proceeding
        concerning such violation;
            (3) assisted or participated or is about to assist or
        participate in such a proceeding;
            (4) testified or is about to testify before Congress on any
        matter covered by such Act;
            (5) 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;
            (6) reported to the employer or a State or Federal
        Government official an illness, injury, unsafe condition, or
        information regarding the adequacy of any oil spill response
        plan required by law related to the employer's activities
        described in section 3(1); or
            (7) refused to perform the covered employee's duties, or
        exercised stop work authority, related to the employer's
        activities described in section 3(1) if the covered employee
        had a reasonable belief that performing such duties could
        result in injury to or impairment of the health of the covered
        employee or other employees, or cause an oil spill to the
        environment.
    (b) Process.--
            (1) In general.--A covered employee who believes that he or
        she has been discharged or otherwise discriminated against
        (hereafter referred to as the ``complainant'') by any employer
        in violation of subsection (a) 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 violation 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
        ``Secretary'') 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 complainant and the employer or employers alleged
                to have committed a violation of subsection (a) of the
                Secretary's findings. The Secretary shall, 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 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 the complaint, as
                part of such investigation.
                    (B) Reasonable cause found; preliminary order.--If
                the Secretary concludes that there is reasonable cause
                to believe that a violation of subsection (a) has
                occurred, the Secretary shall accompany the Secretary's
                findings with a preliminary order providing the relief
                prescribed by paragraph (3)(B).
                    (C) Right of parties to appeal.--Not later than 30
                days after the date of notification of findings under
                this paragraph, the employer or employers alleged to
                have committed the violation or the complainant may
                file objections to the findings or preliminary order,
                or both, including the dismissal of the complaint, in
                whole or in part, and request a hearing on the record
                before an administrative law judge of the Department of
                Labor. Any such hearing shall be conducted
                expeditiously. If a hearing is not requested in such
                30-day period, the preliminary order shall be deemed a
                final order that is not subject to judicial review. The
                filing of such objections shall not operate to stay any
                reinstatement remedy contained in the preliminary order
                issued under subparagraph (B). 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 occur, or
                in the United States district court for the District of
                Columbia.
                    (D) 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 complainant makes a
                        prima facie showing that any behavior described
                        in paragraphs (1) through (7) of subsection (a)
                        was a contributing factor in the adverse action
                        alleged in the complaint.
                            (ii) Standard for employer.--
                        Notwithstanding a finding by the Secretary that
                        the complainant has made the showing required
                        under clause (i), no investigation otherwise
                        required under subparagraph (A) shall be
                        conducted 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.
                            (iii) Violation standard.--The Secretary
                        may determine that a violation of subsection
                        (a) has occurred only if the complainant
                        demonstrates that any behavior described in
                        paragraphs (1) through (7) of subsection (a)
                        was a contributing factor in the adverse action
                        alleged in the complaint.
                            (iv) Relief standard.--Relief may not be
                        ordered under paragraph (3)(B) 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.--
                    (A) In general.--Not later than 90 days after the
                receipt of a request for a hearing under subsection
                (b)(2)(C), 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 conditions which conflict
                with rights protected under this Act, 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 violation of subsection (a)
                has occurred, the administrative law judge shall order
                the employer or employers who committed such violation
                to--
                            (i) take affirmative action to abate the
                        violation;
                            (ii) reinstate the complainant to his or
                        her former position together with compensation
                        (including double back pay and prejudgment
                        interest) and restore the terms, conditions,
                        and privileges associated with his or her
                        employment;
                            (iii) expunge all warnings, reprimands, 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
                        action, and, at the complainant's direction,
                        transmit a copy of the decision on the
                        complaint to any person whom the complainant
                        reasonably believes may have received such
                        unfavorable information; and
                            (iv) provide compensatory and consequential
                        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 expenses (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) 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 committed the violation or the complainant may
                file, with objections, an administrative appeal with
                the Secretary, who may designate such appeal 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 evidence 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) has
                occurred, the Secretary shall order relief provided
                under subparagraphs (B) and (C). Such decision shall
                constitute a final agency action with respect to the
                matter appealed.
            (4) Action in court.--
                    (A) In general.--If the Secretary has not issued a
                final decision within 330 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 request 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).
                    (B) Relief.--The court may award all appropriate
                relief including injunctive relief, compensatory and
                consequential damages, including--
                            (i) reinstatement with the same seniority
                        status that the covered employee would have
                        had, but for the discharge or discrimination;
                            (ii) the amount of double back pay
                        sufficient to make the covered employee whole,
                        with prejudgment interest;
                            (iii) expungement of all warnings,
                        reprimands, 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 action, and, at the
                        complainant's direction, transmission of a copy
                        of the decision on the complaint to any person
                        whom the complainant reasonably believes may
                        have received such unfavorable information;
                            (iv) exemplary damages, as appropriate; and
                            (v) litigation costs, including reasonable
                        attorney fees and expert witness fees.
            (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 or
                judgment 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 review could have been
                obtained under subparagraph (A) shall not be subject to
                judicial review in any other proceeding.
            (6) Failure to comply with order.--Whenever any employer
        has failed to comply with an order issued under paragraph (3),
        the Secretary may obtain 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 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 action 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 attorneys' 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, suspension, threats, harassment,
        reprimand, retaliation, or any other manner of discrimination
        provided by Federal or State law.
            (2) Rights of employees.--Nothing in this section shall be
        construed to diminish the rights, privileges, or remedies of
        any employee under any Federal or State law or under any
        collective bargaining agreement. The rights and remedies in
        this section may not be waived by any agreement (including an
        arbitration agreement), policy, form, or condition of
        employment.
    (d) Enforcement of Nondiscretionary Duties.--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 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 section. Each employer shall provide 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 employees can
call to get information or file a complaint under this section.
    (f) Designation by the Secretary.--The Secretary of Labor shall,
within 30 days of the date of enactment of this Act, designate by order
the appropriate agency officials to receive, investigate, and
adjudicate complaints of violations of subsection (a).

SEC. 3. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) The term ``covered employee''--
                    (A) 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--
                            (i) supporting or carrying out exploration,
                        development, production, processing, or
                        transportation of oil or gas; or
                            (ii) oil spill cleanup, emergency response,
                        environmental surveillance, protection, or
                        restoration, or other oil spill activities
                        related to occupational safety and health; and
                    (B) includes an applicant for such employment.
            (2) The term ``employer'' means one or more individuals,
        partnerships, associations, corporations, trusts,
        unincorporated organizations, nongovernmental organizations, or
        trustees, and includes any agent, contractor, subcontractor,
        grantee, or consultant of such employer.
            (3) The term ``Outer Continental Shelf'' has the meaning
        that the term ``outer Continental Shelf'' has in section 2 of
        the Outer Continental Shelf Lands Act (43 U.S.C. 1331).
                                 <all>