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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5724 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5724
To amend chapter 77 of title 5, United States Code, to ensure timely
rulings by the Merit Systems Protection Board on appeals by Federal
employees and applicants for employment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2025
Mr. Walkinshaw (for himself, Mr. Lynch, Ms. Norton, Mrs. Cherfilus-
McCormick, Mr. Vindman, Mr. Subramanyam, Ms. McClellan, Ms. Elfreth,
Mr. Thanedar, Mr. Hoyer, Mr. Johnson of Georgia, Mr. Landsman, Ms.
Stansbury, Mr. Kennedy of New York, Ms. Wasserman Schultz, Ms. Stevens,
and Ms. Titus) introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend chapter 77 of title 5, United States Code, to ensure timely
rulings by the Merit Systems Protection Board on appeals by Federal
employees and applicants for employment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access to Swift and Timely
Justice Act'' or the ``FAST Justice Act''.
SEC. 2. TIMELINESS OF MSPB APPEALS.
(a) In General.--Section 7701 of title 5, United States Code, is
amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
``(k) Untimely Action by MSPB.--
``(1) In general.--On and after the date that is 120 days
after the date on which an employee or applicant for employment
files an appeal under this section, other than an appeal of a
case that is subject to section 7702, if the Merit Systems
Protection Board has not taken an action with respect to the
appeal that is subject to judicial review, the employee or
applicant shall be entitled to file a civil action with respect
to the personnel action that is the subject of the appeal.
``(2) Filing.--
``(A) In general.--An employee or applicant may
bring a civil action under paragraph (1) in a district
court of the United States for--
``(i) any judicial district in which a
personnel action that is a subject of the civil
action is alleged to have occurred; or
``(ii) the judicial district in which the
employee or applicant would have been employed,
but for a personnel action that is a subject of
the civil action.
``(B) Where principal office is located.--If the
respondent for a civil action under paragraph (1) is
not subject to personal jurisdiction in any judicial
district described in subparagraph (A), the civil
action may be brought in a district court of the United
States for the judicial district in which the principal
office of the respondent is located.
``(3) Standards for judicial review.--In a civil action
under paragraph (1), the court--
``(A) shall apply the standard of review under
section 7703(c) only with respect to an order or
decision of the Merit Systems Protection Board; and
``(B) in making any other determination, shall
apply the same standard of review that would have
applied to the review of the personnel action at issue
by the Merit Systems Protection Board.
``(4) Appeal of district court determination.--An appeal
from an order or decision of the district court in a civil
action under paragraph (1) shall, in accordance with section
1291 of title 28, be filed with the court of appeals of the
United States for the judicial district in which the district
court is located.
``(5) Stay.--If an employee or applicant for employment
brings a civil action in accordance with paragraph (1) with
respect to a personnel action, the Merit Systems Protection
Board--
``(A) shall stay the appeal relating to the
personnel action upon the filing of the civil action;
and
``(B) if the civil action is dismissed for lack of
jurisdiction, shall resume processing the appeal.''.
(b) Rule of Construction.--Nothing in the amendments made by
subsection (a) shall be construed to limit the ability of an employee
or applicant for employment to obtain judicial review of an order or
decision of the Merit Systems Protection Board in accordance with
section 7703 of title 5, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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