119-s2977

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

    (IS) ]

<DOC>

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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