FAST Justice Act

Summary#

This bill adds a new rule to 5 U.S.C. 7701 to speed up handling of appeals to the Merit Systems Protection Board (MSPB). If a federal employee or job applicant files an appeal and the MSPB has not taken an action that is subject to judicial review within 120 days (except for cases covered by section 7702), the person may file a civil action in a U.S. district court. The bill says where the case can be filed and provides an alternative venue if the respondent cannot be sued in those districts. It says the district court must use the MSPB review standard in section 7703(c) only for MSPB orders or decisions, and must use the same standard the MSPB would have used for other issues. Appeals from the district court follow normal federal appellate rules. When a civil action is filed, the MSPB must stay the appeal; if the civil action is dismissed for lack of jurisdiction, the MSPB resumes processing the appeal. The bill also clarifies that it does not limit a person’s ability to get judicial review under section 7703.

What it means for you#

  • If you are a federal employee or a job applicant and you file an appeal with the MSPB, you may be able to go to federal district court if the MSPB has not acted within 120 days (with a specific exception for section 7702 cases).
  • You can file in a district where the personnel action happened or where you would have worked, or where the respondent has its principal office if other districts lack personal jurisdiction.
  • The law sets which legal standards the district court must use for MSPB orders and other parts of the case.
  • Filing a civil action pauses the MSPB appeal; if the civil case is dismissed for lack of jurisdiction, the MSPB will continue the appeal.
  • The bill does not remove existing rights to seek judicial review under section 7703.

Expenses#

No publicly available information.

Proponents' View#

The bill’s text and title show it is meant to ensure timely rulings by the MSPB and to allow employees or applicants to file a civil action in district court if the MSPB has not acted within 120 days. The list of sponsors indicates members of the House introduced and support the measure.

Opponents' View#

No publicly available information.