HR5724-119

What This Bill Does

The FAST Justice Act changes Merit Systems Protection Board timing rules for federal personnel appeals. Beginning 120 days after an employee or applicant files an MSPB appeal, except for mixed cases under section 7702, if MSPB has not taken a judicially reviewable action, the employee or applicant may file a civil action over the underlying personnel action. Venue is available where the personnel action allegedly occurred, where the person would have worked but for the action, or, if personal jurisdiction is unavailable in those districts, where the respondent's principal office is located. District courts apply the MSPB judicial review standard only to actual MSPB orders or decisions; otherwise they apply the same review standard MSPB would have used. Appeals from district court go to the regional court of appeals. MSPB must stay the administrative appeal when the civil action is filed and resume processing if the civil action is dismissed for lack of jurisdiction. The bill also preserves ordinary judicial review under section 7703.

Who Benefits and How

Federal employees with delayed MSPB appeals benefit because they can move to district court after 120 days without a reviewable MSPB action. Federal job applicants challenging personnel actions benefit from the same delayed-appeal civil action option. Employee-side federal employment attorneys benefit from a new litigation path when MSPB processing stalls. Regional courts of appeals benefit from ordinary regional appellate review rather than exclusive MSPB review channels for these civil actions.

Who Bears the Burden and How

Merit Systems Protection Board staff must monitor 120-day timing, stay appeals when civil actions are filed, and resume cases dismissed for lack of jurisdiction. Federal agency counsel must defend personnel actions in district court when MSPB has not acted in time. Federal district courts must hear qualifying personnel-action civil actions and apply the specified review standards. Respondent agencies may face litigation in districts tied to the personnel action or intended workplace.

Key Provisions

• Amends title 5 section 7701 to create a civil action option after 120 days of MSPB inaction.
• Provides venue in the district of the personnel action, intended employment, or respondent principal office.
• Requires district courts to apply MSPB-related review standards depending on whether MSPB issued an order or decision.
• Requires regional circuit review of district court decisions.
• Requires MSPB to stay the appeal during the civil action and resume if dismissed for lack of jurisdiction.
• Protects existing section 7703 judicial review.