S 2977119th CongressIn Committee

FAST Justice Act

Introduced: Oct 7, 2025

Sponsor: Sen. Blumenthal, Richard [D-CT] (D-Connecticut)

Standard Summary

Comprehensive overview in 1-2 paragraphs

The FAST Justice Act (Fair Access to Swift and Timely Justice Act) would speed up how the Merit Systems Protection Board (MSPB) handles appeals by federal employees and applicants. It adds a new mechanism: if the MSPB has not taken action on an appeal within 120 days after filing (excluding certain cases under section 7702), the employee or applicant may sue in federal district court to challenge the personnel action. The bill also spells out how those civil actions would proceed, including where they may be filed, what standard of review the court would use, and how the ongoing MSPB process would interact with the civil action (including a stay of MSPB proceedings). The goal is to provide a timely, clear path to relief when MSPB action is delayed.

Key Points

1New untimely-action protection (120-day clock). After a federal employee or job applicant files an MSPB appeal (not subject to section 7702), if the MSPB has not acted within 120 days, the individual may bring a civil action in federal district court to challenge the personnel action.
2Where and how to file. A civil action may be brought in a district court in a location tied to the action (where the personnel action occurred or where the employee would have worked). If the respondent cannot be reached in those districts, the action may be brought in the district where the respondent’s principal office is located.
3Standards of review in court. In the civil action, the court applies:
4- The standard of review for MSPB orders under 7703(c) for any MSPB order or decision.
5- For all other determinations, the court applies the same standard of review that would have applied to reviewing the personnel action if MSPB had not been involved.
6Stay of MSPB proceedings and appeal path. When the civil action is filed, MSPB must stay the related appeal. If the civil action is dismissed for lack of jurisdiction, MSPB may resume processing the appeal. Decisions at the district court level may be appealed to the court of appeals under 28 U.S.C. 1291.
7Rule of construction. The bill clarifies that nothing about these amendments limits or replaces the right to judicial review of MSPB orders under existing law (section 7703).
8Short title. The act may be cited as the “Fair Access to Swift and Timely Justice Act” or the “FAST Justice Act.”

Impact Areas

Primary group/area affected- Federal employees and applicants for federal employment who bring MSPB appeals. They gain a potential immediate judicial pathway if MSPB delays.Secondary group/area affected- The Merit Systems Protection Board and federal agencies involved in personnel actions, which would experience new timelines, potential court actions, and additional procedural considerations.Additional impacts- Federal district courts and courts of appeals gain a clarified route for timely review of MSPB-related actions.- Possible effects on MSPB backlog and agency litigation costs; the measure creates an alternative path to relief that may shift some workload from MSPB to the courts.- The act preserves existing avenues for judicial review (7703) while adding a new, time-bound mechanism to ensure timely rulings.

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