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H.R.135 / 116th Congress

Elijah E. Cummings Federal Employee Antidiscrimination Act of 2019

Placed on Senate Legislative Calendar under General Orders. Calendar No. 330.

Official summary

Version 25 · Reported to Senate · Dec 16, 2019

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.

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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.

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Who introduced it

Rep. Cummings, Elijah E. [D-MD-7] · D–MD

Committees

  • Homeland Security and Governmental Affairs Committee
  • Oversight and Government Reform Committee
4 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Placed on Senate Legislative Calendar under General Orders. Calendar No. 330.

  2. Committee 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.

  3. Committee 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.

  4. Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

  6. Motion to reconsider laid on the table Agreed to without objection.

  7. On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 424 - 0 (Roll no. 33). (text: CR H558-560)

    House roll call 33 · Individual votes
  8. Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 424 - 0 (Roll no. 33).(text: CR H558-560)

    House roll call 33 · Individual votes
  9. Considered as unfinished business. (consideration: CR H580)

  10. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  11. DEBATE - The House proceeded with forty minutes of debate on H.R. 135.

  12. Considered under suspension of the rules. (consideration: CR H558-562)

  13. Mr. Cummings moved to suspend the rules and pass the bill.

  14. Referred to the House Committee on Oversight and Reform.

  15. Introduced in House

  16. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: May 28, 2025. Consult Congress.gov for the current record.

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Objective

Analyze H.R.135 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

Examine H.R.135 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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