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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Help End Redundant 
Claims Unnecessarily Leaving Employers Suffering Act’’ 
or the ‘‘HERCULES Act’’. 
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SEC. 2. LIMIT FEDERAL EMPLOYEES ADVERSE ACTION AP-
PEAL AVENUES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, an employee who alleges or appeals, as the 
case may be, a covered matter to a reviewing entity that 
has authority to consider such allegation or appeal may 
not subsequently or simultaneously allege or appeal such 
covered matter to any other reviewing entity. 
(b) RULES OF CONSTRUCTION.—Subsection (a) shall 
not be construed as— 
(1) restricting to whom an employee may ap-
peal for review of a decision of a reviewing entity 
with respect to a covered matter; and 
(2) affecting or otherwise modifying the rights 
of employees— 
(A) under any collective bargaining agree-
ments; or 
(B) to seek judicial review of any matter. 
(c) DEFINITIONS.—In this section: 
(1) COVERED
MATTER.—The term ‘‘covered 
matter’’ means— 
(A) any action or final decision that an 
employee can appeal to the Merit Systems Pro-
tection Board; 
(B) any action or final decision that in-
volves a complaint of discrimination of the type 
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prohibited by any law administered by the 
Equal Employment Opportunity Commission 
and for which the employee can seek review by 
such Commission; 
(C) any matter with respect to which the 
procedures under section 7121(a) of title 5, 
United States Code, apply; 
(D) prohibited personnel practices under 
section 2302 of such title; or 
(E) unfair labor practices under section 
7116 of such title. 
(2) EMPLOYEE.—The term ‘‘employee’’ has the 
meaning given such term in section 2105 of title 5, 
United States Code. 
(3) REVIEWING ENTITY.—The term ‘‘reviewing 
entity’’ means— 
(A) the Merit System Protection Board; 
(B) the Equal Employment Opportunity 
Commission; 
(C) the Office of Special Counsel; or 
(D) the Federal Labor Relations Author-
ity. 
(d) APPLICABILITY.—Subsection (a) shall apply only 
with respect to— 
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(1) covered matters for which the initial allega-
tion or appeal to a reviewing entity occurs after the 
date of the enactment of this Act; and 
(2) contracts entered into after the date of the 
enactment this Act. 
Æ 
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