Sponsors (3)
The bill broadens defendants' ability to move agency adjudications into federal district courts and clarifies removal procedure, trading greater procedural access and certainty for defendants against slower resolutions, higher taxpayer costs, and potential erosion of agency expertise.
Defendants (including federal employees and government contractors) can remove agency adjudications to a federal district court in their home district, giving them access to Article III courts and potentially more uniform judicial procedures.
Using the familiar §1446 removal process creates clearer procedural rules for filing notices of removal and timing, reducing uncertainty for parties and courts.
Defining 'agency hearing officer' to include administrative law judges and authorized agency employees clarifies who may trigger removal rights and limits disputes over coverage.
Individuals bringing claims (complainants) and taxpayers may face slower resolution and higher litigation costs because cases shift from specialized, often faster agency forums to generalist federal courts.
More removals could increase federal-court caseloads and raise costs for taxpayers to fund additional litigation and judicial resources.
Agency enforcement and the value of agency expertise could be weakened if more disputes are litigated in generalist federal courts instead of specialized administrative forums.
Based on analysis of 2 sections of legislative text.
Introduced January 15, 2025 by Harriet Hageman · Last progress January 15, 2025
Allows a person who is the target of an administrative enforcement or adjudicative action before an agency hearing officer to remove that action to a U.S. district court by filing a notice under the federal removal statute. Also amends the text of 5 U.S.C. § 702 to add a defined removal procedure and to define “agency hearing officer.” A separate provision only designates the bill's short title and contains no programmatic changes or funding.