116th CONGRESS 2d Session |
To prohibit Federal employees from making allegations or appeals with respect to an adverse action to more than one entity, and for other purposes.
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
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 Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Help End Redundant Claims Unnecessarily Leaving Employers Suffering Act” or the “HERCULES Act”.
SEC. 2. Limit Federal employees adverse action appeal avenues.
(a) In general.—Notwithstanding any other provision 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 appeal 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 agreements; 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 Protection Board;
(B) any action or final decision that involves a complaint of discrimination of the type 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 Authority.
(d) Applicability.—Subsection (a) shall apply only with respect to—
(1) covered matters for which the initial allegation 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.