I 
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. 
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 Representa-
tives of the United States of America in Congress assembled, 
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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 sub-
section (l); and 
(2) by inserting after subsection (j) the fol-
lowing: 
‘‘(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 sub-
ject 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 em-
ployee or applicant shall be entitled to file a civil ac-
tion with respect to the personnel action that is the 
subject of the appeal. 
‘‘(2) FILING.— 
‘‘(A) IN GENERAL.—An employee or appli-
cant may bring a civil action under paragraph 
(1) in a district court of the United States 
for— 
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‘‘(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 em-
ployed, but for a personnel action that is 
a subject of the civil action. 
‘‘(B) WHERE
PRINCIPAL
OFFICE
IS
LO-
CATED.—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 Protec-
tion Board; and 
‘‘(B) in making any other determination, 
shall apply the same standard of review that 
would have applied to the review of the per-
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sonnel action at issue by the Merit Systems 
Protection Board. 
‘‘(4) APPEAL OF DISTRICT COURT DETERMINA-
TION.—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 ac-
tion; and 
‘‘(B) if the civil action is dismissed for lack 
of jurisdiction, shall resume processing the ap-
peal.’’. 
(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 employ-
ment to obtain judicial review of an order or decision of 
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the Merit Systems Protection Board in accordance with 
section 7703 of title 5, United States Code. 
Æ 
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