,,ii #aaith ,,congress #ast ,session ,s4 #bigg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #g1 #bjbe,mr4 ,blumenthal 7for himself1 ,ms4 ,alsobrooks1 ,mr4 ,van ,hollen1 ,mr4 ,kaine1 ,mr4 ,warner1 ,mr4 ,peters1 ,mr4 ,kim1 ,ms4 ,duckworth1 ,mr4 ,reed1 ,mr4 ,schatz1 ,mr4 ,padilla1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend chapter #gg of title #e1 ,united ,states ,code1 to ensure timely rulings by the ,merit ,systems ,protection ,board on appeals by ,federal employees and applicants for employment4 #a4 ,short title ,this ,act may be cited as the ,fair ,access to ,swift and ,timely ,justice ,act or the ,,fast ,justice ,act4 #b4 ,timeliness of ,,mspb appeals 7a7 ,in general ,section #ggja of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7k7 as subsection 7l72 and 7#b7 by inserting after subsection 7j7 the following3 7k7 ,untimely action by ,,mspb 7#a7 ,in general ,on and after the date that is #abj days after the date on which an employee or applicant for employment files an appeal under this section1 other than an appeal of a case that is subject to section #ggjb1 if the ,merit ,systems ,protection ,board has not taken an action with respect to the appeal that is subject to judicial review1 the employee or applicant shall be entitled to file a civil action with respect to the personnel action that is the subject of the appeal4 7#b7 ,filing 7,a7 ,in general ,an employee or applicant may bring a civil action under paragraph 7#a7 in a district court of the ,united ,states for-- 7i7 any judicial district in which a personnel action that is a subject of the civil action is alleged to have occurred2 or 7ii7 the judicial district in which the employee or applicant would have been employed1 but for a personnel action that is a subject of the civil action4 7,b7 ,where principal office is located ,if the respondent for a civil action under paragraph 7#a7 is not subject to personal jurisdiction in any judicial district described in subparagraph 7,a71 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 located4 7#c7 ,standards for judicial review ,in a civil action under paragraph 7#a71 the court-- 7,a7 shall apply the standard of review under section #ggjc7;c7 only with respect to an order or decision of the ,merit ,systems ,protection ,board2 and 7,b7 in making any other determination1 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 ,board4 7#d7 ,appeal of district court determination ,an appeal from an order or decision of the district court in a civil action under paragraph 7#a7 shall1 in accordance with section #abia of title #bh1 be filed with the court of appeals of the ,united ,states for the judicial district in which the district court is located4 7#e7 ,stay ,if an employee or applicant for employment brings a civil action in accordance with paragraph 7#a7 with respect to a personnel action1 the ,merit ,systems ,protection ,board-- 7,a7 shall stay the appeal relating to the personnel action upon the filing of the civil action2 and 7,b7 if the civil action is dismissed for lack of jurisdiction1 shall resume processing the appeal4 4 7b7 ,rule of construction ,nothing in the amendments made by subsection 7a7 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 #ggjc of title #e1 ,united ,states ,code4