FAST Justice Act
The FAST Justice Act (H.R. 5724) would accelerate how Federal employees and job applicants can obtain review of personnel actions when the Merit Systems Protection Board (MSPB) has not acted within a set time. The bill adds a new rule to 5 U.S.C. 7701 stating that, after 120 days from filing an appeal (and for appeals not covered by section 7702), an individual may file a civil action in federal district court challenging the personnel action. The court would use appropriate standards of review (primarily the standards in 7703) and the action could then be appealed to the federal courts of appeals. While the civil action is pending, MSPB must stay its own proceedings related to the personnel action. The measure is titled the Fair Access to Swift and Timely Justice Act (FAST Justice Act) and is designed to ensure timely rulings by MSPB by enabling prompt judicial review if MSPB delays. In short, if MSPB doesn’t act within 120 days on an appeal, eligible individuals can pursue court review instead, with processes and standards laid out to govern venue, review, and stays.
Key Points
- 1Establishes an untimeliness remedy (new subsection k) in 5 U.S.C. 7701: if MSPB hasn’t acted on an appeal after 120 days (excluding appeals under 7702), the employee or applicant may file a civil action in federal district court.
- 2Where to file (venue): in the district court of any judicial district where the personnel action occurred, or where the employee would have been employed but for the action; if the respondent lacks jurisdiction in those districts, filing may occur in the district where the respondent’s principal office is located.
- 3Standards of review: for MSPB orders, the court uses the standard in 7703(c); for other determinations, the court applies the same standard that would have applied to MSPB’s review of the personnel action.
- 4Appeal process: decisions in the district court can be appealed to the United States Court of Appeals under 28 U.S.C. 1291 (directing the typical appellate route from district court to court of appeals).
- 5Stay of MSPB proceedings: MSPB must stay its appeal proceedings upon the filing of the civil action; if the civil action is dismissed for lack of jurisdiction, MSPB must resume processing the appeal.
- 6Rule of construction: nothing in these amendments limits the existing ability to obtain judicial review of MSPB orders under 5 U.S.C. 7703.
- 7Short title: the act may be cited as the Fair Access to Swift and Timely Justice Act or the FAST Justice Act.
- 8Administrative design: the new untimeliness provision is added by redesignating MSPB subsection (k) as (l) and inserting the new subsection (k) after (j) in 5 U.S.C. 7701.