[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 297 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 297
To amend title 28, United States Code, to modify the amount in
controversy requirement and remove the complete diversity requirement.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2019
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to modify the amount in
controversy requirement and remove the complete diversity requirement.
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 ``Federal Courts Access Act of 2019''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) assure fairer and more efficient civil litigation and
prompt recoveries for claimants and defendants;
(2) enhance the integrity of the legal system of the United
States by diminishing abuses in the civil litigation system;
and
(3) restore the intent of the framers of the Constitution
of the United States by ensuring Federal court consideration of
major controversies, consistent with diversity jurisdiction
principles.
SEC. 3. DIVERSITY OF CITIZENSHIP; AMOUNT IN CONTROVERSY.
(a) In General.--Section 1332 of title 28, United States Code, is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``$75,000'' and inserting ``$125,000''; and
(B) in paragraph (1), by inserting ``not less than
1 plaintiff and 1 defendant who are'' before ``citizens
of different States'';
(2) in subsection (b), by striking ``$75,000'' and
inserting ``$125,000''; and
(3) in subsection (d)--
(A) in paragraph (2), by striking ``$5,000,000''
and inserting ``$125,000'';
(B) by striking paragraphs (3) and (4);
(C) by redesignating paragraphs (5) through (10) as
paragraphs (3) through (8), respectively;
(D) in paragraph (3), as so redesignated, by
striking ``Paragraphs (2) through (4)'' and inserting
``Paragraph (2)'';
(E) in paragraph (4), as so redesignated, by
striking ``$5,000,000'' and inserting ``$125,000'';
(F) in paragraph (5), as so redesignated, by
striking ``(2) through (6)'' and inserting ``(2)
through (4)'';
(G) in paragraph (7)(A), as so redesignated--
(i) by inserting ``section'' after
``defined under''; and
(ii) by striking ``(15 U.S.C. 78p(f)(3))''
and inserting ``(15 U.S.C. 77p(f)(3))''; and
(H) by striking paragraph (11).
(b) Removal of Civil Actions.--
(1) In general.--Section 1441(b)(2) of title 28, United
States Code, is amended--
(A) by striking ``if any'' and inserting ``if
all''; and
(B) by striking ``is a citizen'' and inserting
``are citizens''.
(2) Procedure for removal of civil actions.--Section 1446
of title 28, United States Code, is amended--
(A) in subsection (c)--
(i) by striking ``(1) A case'' and all that
follows through ``(2) If'' and inserting ``(1)
If'';
(ii) by redesignating paragraph (3) as
paragraph (2); and
(iii) in paragraph (2), as so
redesignated--
(I) by striking ``(A) If'' and
inserting ``If''; and
(II) by striking subparagraph (B);
and
(B) by redesignating subsection (g) as subsection
(f).
(3) Removal of class actions.--Section 1453 of title 28,
United States Code, is amended by striking subsection (b) and
inserting the following:
``(b) Removal Generally.--A class action may be removed to a
district court of the United States in accordance with section 1446,
except that such action may be removed by any defendant without the
consent of all defendants.''.
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