[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Printing Office, www.gpo.gov]


Public Law 112-62
112th Congress

An Act


 
To clarify appeal time limits in civil actions to which United States
officers or employees are parties. <>

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 ``Appeal Time Clarification Act of
2011''.
SEC. 2. <> FINDINGS.

Congress finds that--
(1) section 2107 of title 28, United States Code, and rule 4
of the Federal Rules of Appellate Procedure provide that the
time to appeal for most civil actions is 30 days, but that the
appeal time for all parties is 60 days when the parties in the
civil action include the United States, a United States officer,
or a United States agency;
(2) the 60-day period should apply if one of the parties
is--
(A) the United States;
(B) a United States agency;
(C) a United States officer or employee sued in an
official capacity; or
(D) a current or former United States officer or
employee sued in an individual capacity for an act or
omission occurring in connection with duties performed
on behalf of the United States;
(3) section 2107 of title 28, United States Code, and rule 4
of the Federal Rules of Appellate Procedure (as amended to take
effect on December 1, 2011, in accordance with section 2074 of
that title) should uniformly apply the 60-day period to those
civil actions relating to a Federal officer or employee sued in
an individual capacity for an act or omission occurring in
connection with Federal duties;
(4) the civil actions to which the 60-day periods should
apply include all civil actions in which a legal officer of the
United States represents the relevant officer or employee when
the judgment or order is entered or in which the United States
files the appeal for that officer or employee; and
(5) the application of the 60-day period in section 2107 of
title 28, United States Code, and rule 4 of the Federal Rules of
Appellate Procedure--

[[Page 757]]

(A) is not limited to civil actions in which
representation of the United States is provided by the
Department of Justice; and
(B) includes all civil actions in which the
representation of the United States is provided by a
Federal legal officer acting in an official capacity,
such as civil actions in which a Member, officer, or
employee of the Senate or the House of Representatives
is represented by the Office of Senate Legal Counsel or
the Office of General Counsel of the House of
Representatives.
SEC. 3. TIME FOR APPEALS TO COURT OF APPEALS.

Section 2107 of title 28, United States Code, is amended by striking
subsection (b) and inserting the following:
``(b) <> In any such action, suit, or proceeding,
the time as to all parties shall be 60 days from such entry if one of
the parties is--
``(1) the United States;
``(2) a United States agency;
``(3) a United States officer or employee sued in an
official capacity; or
``(4) a current or former United States officer or employee
sued in an individual capacity for an act or omission occurring
in connection with duties performed on behalf of the United
States, including all instances in which the United States
represents that officer or employee when the judgment, order, or
decree is entered or files the appeal for that officer or
employee.''.
SEC. 4. <> EFFECTIVE DATE.

The amendment made by this Act shall take effect on December 1,
2011.

Approved November 29, 2011.

LEGISLATIVE HISTORY--S. 1637 (H.R. 2633):
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HOUSE REPORTS: No. 112-199 (Comm. on the Judiciary) accompanying
H.R. 2633.
CONGRESSIONAL RECORD, Vol. 157 (2011):
Oct. 31, considered and passed Senate.
Nov. 18, considered and passed House.