I 

116TH CONGRESS 

2D SESSION H. R. 8855 

To prohibit Federal employees from making allegations or appeals with 

respect to an adverse action to more than one entity, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 3, 2020 

Mr. KEVIN HERN of Oklahoma (for himself, Mr. BUDD, Mr. TIFFANY, Mr. 

RESCHENTHALER, Mr. WEBER of Texas, Mr. GAETZ, Mr. JOYCE of 

Pennsylvania, Mr. PERRY, Mr. BANKS, Mr. STEUBE, Mr. BAIRD, Mr. 

FLORES, Mr. BIGGS, Mr. KELLER, Mr. AUSTIN SCOTT of Georgia, and 

Mrs. LESKO) introduced the following bill; which was referred to the 

Committee on Oversight and Reform 

A BILL 

To prohibit Federal employees from making allegations or 

appeals with respect to an adverse action to more than 

one entity, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Help End Redundant 

5 Claims Unnecessarily Leaving Employers Suffering Act’’ 

6 or the ‘‘HERCULES Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 8855 IH

1 SEC. 2. LIMIT FEDERAL EMPLOYEES ADVERSE ACTION AP2 PEAL AVENUES. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, an employee who alleges or appeals, as the 

5 case may be, a covered matter to a reviewing entity that 

6 has authority to consider such allegation or appeal may 

7 not subsequently or simultaneously allege or appeal such 

8 covered matter to any other reviewing entity. 

9 (b) RULES OF CONSTRUCTION.—Subsection (a) shall 

10 not be construed as— 

11 (1) restricting to whom an employee may ap12 peal for review of a decision of a reviewing entity 

13 with respect to a covered matter; and 

14 (2) affecting or otherwise modifying the rights 

15 of employees— 

16 (A) under any collective bargaining agree17 ments; or 

18 (B) to seek judicial review of any matter. 

19 (c) DEFINITIONS.—In this section: 

20 (1) COVERED MATTER.—The term ‘‘covered 

21 matter’’ means— 

22 (A) any action or final decision that an 

23 employee can appeal to the Merit Systems Pro24 tection Board; 

25 (B) any action or final decision that in26 volves a complaint of discrimination of the type 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 8855 IH

1 prohibited by any law administered by the 

2 Equal Employment Opportunity Commission 

3 and for which the employee can seek review by 

4 such Commission; 

5 (C) any matter with respect to which the 

6 procedures under section 7121(a) of title 5, 

7 United States Code, apply; 

8 (D) prohibited personnel practices under 

9 section 2302 of such title; or 

10 (E) unfair labor practices under section 

11 7116 of such title. 

12 (2) EMPLOYEE.—The term ‘‘employee’’ has the 

13 meaning given such term in section 2105 of title 5, 

14 United States Code. 

15 (3) REVIEWING ENTITY.—The term ‘‘reviewing 

16 entity’’ means— 

17 (A) the Merit System Protection Board; 

18 (B) the Equal Employment Opportunity 

19 Commission; 

20 (C) the Office of Special Counsel; or 

21 (D) the Federal Labor Relations Author22 ity. 

23 (d) APPLICABILITY.—Subsection (a) shall apply only 

24 with respect to— 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 8855 IH

1 (1) covered matters for which the initial allega2 tion or appeal to a reviewing entity occurs after the 

3 date of the enactment of this Act; and 

4 (2) contracts entered into after the date of the 

5 enactment this Act. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS