Homeland Security and Governmental Affairs Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The "Fair Access to Swift and Timely Justice Act," or FAST Justice Act, aims to ensure prompt resolution of appeals filed by federal employees and job applicants with the Merit Systems Protection Board (MSPB). This legislation introduces a significant change to federal personnel law by providing an alternative path to justice when administrative proceedings face undue delays, addressing concerns that prolonged waits can hinder employees' ability to seek redress. Specifically, the bill amends title 5, United States Code, to allow an employee or applicant to file a civil action in a U.S. district court if the MSPB has not taken a judicially reviewable action on their appeal within 120 days. This new provision, which excludes certain types of appeals, specifies the appropriate judicial districts for filing such actions and mandates that the court apply the same standard of review the MSPB would have used. Upon the initiation of such a civil action, the MSPB must stay its processing of the related appeal. If the civil action is dismissed for lack of jurisdiction, the MSPB is then required to resume its review. This mechanism is designed to compel timely action by the MSPB or provide a direct judicial remedy for federal employees and applicants facing prolonged administrative delays.
The "Fair Access to Swift and Timely Justice Act," or FAST Justice Act, aims to ensure prompt resolution of appeals filed by federal employees and job applicants with the Merit Systems Protection Board (MSPB). This legislation introduces a significant change to federal personnel law by providing an alternative path to justice when administrative proceedings face undue delays, addressing concerns that prolonged waits can hinder employees' ability to seek redress. Specifically, the bill amends title 5, United States Code, to allow an employee or applicant to file a civil action in a U.S. district court if the MSPB has not taken a judicially reviewable action on their appeal within 120 days. This new provision, which excludes certain types of appeals, specifies the appropriate judicial districts for filing such actions and mandates that the court apply the same standard of review the MSPB would have used. Upon the initiation of such a civil action, the MSPB must stay its processing of the related appeal. If the civil action is dismissed for lack of jurisdiction, the MSPB is then required to resume its review. This mechanism is designed to compel timely action by the MSPB or provide a direct judicial remedy for federal employees and applicants facing prolonged administrative delays.