FAST Justice Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2977 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 2977

 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 SENATE OF THE UNITED STATES

                            October 7, 2025

Mr. Blumenthal (for himself, Ms. Alsobrooks, Mr. Van Hollen, Mr. Kaine, 
 Mr. Warner, Mr. Peters, Mr. Kim, Ms. Duckworth, Mr. Reed, Mr. Schatz, 
 Mr. Padilla, and Mr. Booker) introduced the following bill; which was 
   read twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 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.
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