Judiciary Committee, Oversight and Government Reform Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The Fair Access to Swift and Timely Justice Act, or FAST Justice Act, seeks to accelerate the resolution of appeals filed by federal employees and job applicants with the Merit Systems Protection Board (MSPB) . It amends chapter 77 of title 5, United States Code, to introduce a mechanism for recourse when the MSPB fails to issue a timely ruling. Specifically, if the MSPB has not taken an action subject to judicial review within 120 days of an appeal being filed, excluding certain cases, the affected individual gains the right to pursue a civil action. This civil action can be initiated in a U.S. district court, located either where the personnel action occurred, where the employee would have been employed, or where the respondent's principal office is situated. The court will apply specific standards for judicial review, using the standard from section 7703(c) for MSPB orders and decisions, and the standard the MSPB would have applied for other determinations. Upon the filing of such a civil action, the MSPB is required to stay its administrative appeal process , resuming it only if the civil action is dismissed for lack of jurisdiction. This measure is designed to prevent indefinite delays and ensure federal employees and applicants have a prompt avenue for addressing personnel actions.
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.
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.
The Fair Access to Swift and Timely Justice Act, or FAST Justice Act, seeks to accelerate the resolution of appeals filed by federal employees and job applicants with the Merit Systems Protection Board (MSPB) . It amends chapter 77 of title 5, United States Code, to introduce a mechanism for recourse when the MSPB fails to issue a timely ruling. Specifically, if the MSPB has not taken an action subject to judicial review within 120 days of an appeal being filed, excluding certain cases, the affected individual gains the right to pursue a civil action. This civil action can be initiated in a U.S. district court, located either where the personnel action occurred, where the employee would have been employed, or where the respondent's principal office is situated. The court will apply specific standards for judicial review, using the standard from section 7703(c) for MSPB orders and decisions, and the standard the MSPB would have applied for other determinations. Upon the filing of such a civil action, the MSPB is required to stay its administrative appeal process , resuming it only if the civil action is dismissed for lack of jurisdiction. This measure is designed to prevent indefinite delays and ensure federal employees and applicants have a prompt avenue for addressing personnel actions.
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.
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.