H.R. 5724

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5724 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5724

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.

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IN THE HOUSE OF REPRESENTATIVES

October 8, 2025

Mr. Walkinshaw (for himself, Mr. Lynch, Ms. Norton, Mrs. Cherfilus-
McCormick, Mr. Vindman, Mr. Subramanyam, Ms. McClellan, Ms. Elfreth, 
Mr. Thanedar, Mr. Hoyer, Mr. Johnson of Georgia, Mr. Landsman, Ms. 
Stansbury, Mr. Kennedy of New York, Ms. Wasserman Schultz, Ms. Stevens, 
and Ms. Titus) introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as 
fall within the jurisdiction of the committee concerned

_______________________________________________________________________

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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