HR 135 · 116th Congress 2019–2021, ended

Elijah E. Cummings Federal Employee Antidiscrimination Act of 2019

Latest action · Dec 16, 2019 Placed on Senate Legislative Calendar under General Orders. Calendar No. 330.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 3, 2019
  2. Passed HouseJan 15, 2019
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Elijah E. Cummings Federal Employee Antidiscrimination Act of 2019

This bill requires each federal agency to establish a model Equal Employment Opportunity Program that is independent of the agency's Human Capital or General Counsel office, and it establishes requirements related to complaints of discrimination and retaliation in the workplace.

An agency must publish a notice of any final agency action or Equal Employment Opportunity Commission (EEOC) appellate decision involving a finding of prohibited discrimination or retaliation, and it must report certain data with respect to specified equal opportunity complaints. Each agency must establish a system to track complaints of discrimination and include a notation of any adverse action taken against an employee for discrimination or retaliation in the employee's personnel record.

The EEOC must refer to the Office of Special Counsel a matter about which it issues an appellate decision involving a finding of discrimination or retaliation within a federal agency, and the Office of Special Counsel shall accept and review such referral for purposes of seeking disciplinary action.

An employee who has authority to take, recommend, or approve any personnel action shall not implement or enforce a nondisclosure policy that prohibits or restricts an employee from disclosing information relating to (1) a violation of any law, rule, or regulation; (2) mismanagement, gross waste of funds, or abuse of authority; (3) a substantial and specific danger to public health or safety; or (4) any other whistle-blower protection.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 33Passed424–0Jan 15, 2019

Cosponsors 4

Members who signed on, in the order they did. All signed on Jan 3, 2019.

SeatCosponsorSigned on
D-DCEleanor Holmes NortonOriginalJan 3, 2019
R-WIF. James Sensenbrenner, Jr.OriginalJan 3, 2019
R-NCMark MeadowsOriginalJan 3, 2019
D-TXSheila Jackson LeeOriginalJan 3, 2019

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseOversight and Government Reform Committee
Referred Jan 3, 2019
SenateHomeland Security and Governmental Affairs Committee
Referred Jan 16, 2019Markup Nov 6, 2019Reported Dec 16, 2019

Actions 13

Everything that happened, newest first.

  1. Dec 16, 2019Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 116-176.
  2. Dec 16, 2019Placed on Senate Legislative Calendar under General Orders. Calendar No. 330.
  3. Nov 6, 2019Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
  4. Jan 16, 2019Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  5. Jan 15, 2019Mr. Cummings moved to suspend the rules and pass the bill.

In the Congressional Record 2

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H558–H562Text printed H558–H560Recorded votes H580enactEleanor Holmes Norton D-DC, Elijah E. Cummings D-MD, Virginia Foxx R-NCJan 15, 2019
HouseLists H215–H218H.R. 135–239—Jan 3, 2019

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Nov 18, 2019H.R. 135, Elijah E. Cummings Federal Employee Antidiscrimination Act of 2019As ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on November 6, 2019

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8: The Congress shall have Power to . . . provide for the common Defence and general Welfare of the United States

The sponsor’s statement, as printed in the Congressional Record, vol. 165, no. 1, January 3, 2019, page H215.

Related bills 3

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 702Federal Employee Antidiscrimination Act of 2017Reintroduction ofJul 12, 2017
S 1790National Defense Authorization Act for Fiscal Year 2020Related billDec 20, 2019
HR 2500National Defense Authorization Act for Fiscal Year 2020Related billAug 11, 2020

Titles 5

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 to strengthen Federal antidiscrimination laws enforced by the Equal Employment Opportunity Commission and expand accountability within the Federal Government, and for other purposes.
Short Title(s) as Introduced
Federal Employee Antidiscrimination Act of 2019
Short Title(s) as Reported to Senate
Elijah E. Cummings Federal Employee Antidiscrimination Act of 2019
Short Title(s) as Passed House
Federal Employee Antidiscrimination Act of 2019
Short Titles from RFS (Referred to Senate) bill text
Federal Employee Antidiscrimination Act of 2019

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 4

Each version as it was printed, newest first.

  1. Dec 16, 2019Reported to Senate
  2. Jan 16, 2019Referred in Senate
  3. Jan 15, 2019Engrossed in House
  4. Jan 3, 2019Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.