H.R. 5724 — FAST Justice Act

This section establishes a right for a federal employee or applicant (other than in whistleblower or prohibited personnel practice appeals under 5 U.S.C. §7702) to file a civil action in U.S. district court if the Merit Systems Protection Board (MSPB) does not issue a judicially reviewable action within 120 days of appeal filing under 5 U.S.C. §7701. The civil action may be filed in the district where the personnel action occurred, where the employee would have worked, or the respondent's principal office (if no personal jurisdiction elsewhere); district courts apply the §7703(c) standard to any MSPB orders and the MSPB's standard of review to other issues, with appeals to the relevant circuit court under 28 U.S.C. §1291; and MSPB must stay the appeal during the civil action (resuming if dismissed for lack of jurisdiction). (As background, MSPB adjudicates appeals of federal civilian employees' adverse actions such as removals or suspensions.) A rule of construction provides that this does not limit judicial review of MSPB decisions under §7703.