Statement of Administration Policy: H.R. 5381 - Federal Courts Study Commission Implementation Act

(House)
(Kastenmeier (D) Wisconsin and Moorhead (R) California)

The Administration has no objection to House passage of H.R. 5381, but will seek Senate amendments to delete:

—  Section 109, which would allow removal to Federal district courts of civil actions involving more than one claim or cause of action only where at least one of the claims involves a "Federal question." This section would relegate many matters, in which a Federal interest predominates, to State courts. It would impair the Justice Department's ability to defend the United States and its agencies, officers and employees.

—  Section 110, which would allow actions to be brought against the United States in any district where "a substantial part of the events or omissions giving rise to the claim occurred" or a "substantial part of the property ... is situated." This section would generate additional litigation over the meaning of these ambiguous terms and invite plaintiffs to engage in forum shopping.

—  Section 114, which would create new jurisdiction in the Federal courts to hear State law claims. This section would invite plaintiffs to use limited jurisdictional grounds as an unwarranted basis to bring related State law suits into Federal court. It would complicate unnecessarily private and Government litigation.

Section 108 of the bill incorporates the Administration's proposal for an orderly phase-out of parole. The Administration supports this provision. The Administration defers to the Judicial branch with respect to provisions involving the internal administration of that branch.