Appeal Time Clarification Act of 2011

Floor Speech

* Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in support of H.R. 2633, the Appeal Time Clarification Act of 2011. This legislation provides an important clarification to the law.

* Under the Federal Rules of Appellate Procedure, the law allows 60 days to file a notice of appeal for civil cases if the United States or a federal officer is a party. However, the legislation fails to disclose whether the 60 day period applies to current and/or former federal employees who are sued in an individual capacity.

* The Appeal Time Clarification Act of 2011 performs as a means to clarify the discrepancies created by the initial policy. It essentially amends the federal judicial code requirements concerning the time limits for the filing of appeals to any judgment, order, or decree in a civil action, suit, or proceeding.

* According to the Congressional Budget Office Cost Estimate, as ordered by the House Committee on the Judiciary, H.R. 2633 would have no significant impact on the federal budget. The CBO estimates that enacting the bill ``would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply.''

* There are no solid concerns that have been raised in the House regarding this legislation. However, the Senate Judiciary Committee has expressed its observation that the bill's language regarding individual capacity lawsuits

may be read in such a way as to exclude those cases where the individual is represented by the Senate Legal Counsel or the House Office of General Counsel rather than the Department of Justice (for example, in a lawsuit between the legislative and executive branches concerning executive privilege).

* Summarily H.R. 2633 extends the 60 day filing deadline to any civil action, suit, or proceeding in which one of the parties is ``a current or former U.S. officer or employee sued in an individual capacity for an act. This amendment provides the government with the time it needs to review the case, determine whether an appeal should be taken, and secure the Solicitor General's approval for that appeal. These same policy reasons apply in a case where the United States--through DOJ or some other federal litigating entity--decides to represent a current or former officer or employee sued in his or her individual capacity.

* I applaud my friend from Michigan, Ranking Member of the Judiciary Committee for introducing this important legislation to protect past and present federal employees. I urge my colleagues to lend their support to the bill.

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