HR 5724
FAST Justice Act
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Bill overview
The FAST Justice Act aims to ensure timely decisions from the Merit Systems Protection Board (MSPB) regarding employee appeals. Specifically, it establishes a process allowing federal employees and applicants for employment to file a civil lawsuit if the MSPB doesn't rule on their appeal within 120 days, unless the case is already subject to judicial review. This legislation also outlines procedures for bringing lawsuits and appealing decisions from district courts, while preserving the existing right to judicial review of MSPB decisions.
Key provisions
- Establishes a 120-day deadline for the MSPB to rule on employee appeals.
- Allows employees and applicants to file a civil lawsuit if the MSPB fails to act within the deadline.
- Specifies where civil lawsuits can be filed, considering the location of the personnel action or the respondent's principal office.
- Defines the standard of review to be applied by courts in these civil actions.
- Requires the MSPB to stay appeals related to the personnel action when a civil lawsuit is filed.
- Outlines the process for appealing decisions from district courts.
- Preserves the existing right for employees to seek judicial review of MSPB decisions.
- Redesignates and inserts a new subsection within Section 7701 of Title 5, United States Code.
Who is affected
- Federal Employees
- Applicants for Federal Employment
- Merit Systems Protection Board
- District Courts
- Judges
Notable changes
Sponsors
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Primary sponsor
Cosponsors
Eleanor Holmes [D-DC-At Large] Norton
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119th CONGRESS — 1st Session
H. R. 5724
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Fair Access to Swift and Timely Justice Act FAST Justice Act
or the
.
by redesignating subsection (k) as subsection (l); and
by inserting after subsection (j) the following:
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.
An employee or applicant may bring a civil action under paragraph (1) in a district court of the United States for—
In a civil action under paragraph (1), the court—
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.
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—
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.