112TH CONGRESS 

1ST SESSION S. 1637 

AN ACT 

To clarify appeal time limits in civil actions to which United 

States officers or employees are parties. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Appeal Time Clarifica3 tion Act of 2011’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) section 2107 of title 28, United States 

7 Code, and rule 4 of the Federal Rules of Appellate 

8 Procedure provide that the time to appeal for most 

9 civil actions is 30 days, but that the appeal time for 

10 all parties is 60 days when the parties in the civil 

11 action include the United States, a United States of12 ficer, or a United States agency; 

13 (2) the 60-day period should apply if one of the 

14 parties is— 

15 (A) the United States; 

16 (B) a United States agency; 

17 (C) a United States officer or employee 

18 sued in an official capacity; or 

19 (D) a current or former United States offi20 cer or employee sued in an individual capacity 

21 for an act or omission occurring in connection 

22 with duties performed on behalf of the United 

23 States; 

24 (3) section 2107 of title 28, United States 

25 Code, and rule 4 of the Federal Rules of Appellate 

26 Procedure (as amended to take effect on December 
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1 1, 2011, in accordance with section 2074 of that 

2 title) should uniformly apply the 60-day period to 

3 those civil actions relating to a Federal officer or 

4 employee sued in an individual capacity for an act 

5 or omission occurring in connection with Federal du6 ties; 

7 (4) the civil actions to which the 60-day periods 

8 should apply include all civil actions in which a legal 

9 officer of the United States represents the relevant 

10 officer or employee when the judgment or order is 

11 entered or in which the United States files the ap12 peal for that officer or employee; and 

13 (5) the application of the 60-day period in sec14 tion 2107 of title 28, United States Code, and rule 

15 4 of the Federal Rules of Appellate Procedure— 

16 (A) is not limited to civil actions in which 

17 representation of the United States is provided 

18 by the Department of Justice; and 

19 (B) includes all civil actions in which the 

20 representation of the United States is provided 

21 by a Federal legal officer acting in an official 

22 capacity, such as civil actions in which a Mem23 ber, officer, or employee of the Senate or the 

24 House of Representatives is represented by the 

25 Office of Senate Legal Counsel or the Office of 
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1 General Counsel of the House of Representa2 tives. 

3 SEC. 3. TIME FOR APPEALS TO COURT OF APPEALS. 

4 Section 2107 of title 28, United States Code, is 

5 amended by striking subsection (b) and inserting the fol6 lowing: 

7 ‘‘(b) In any such action, suit, or proceeding, the time 

8 as to all parties shall be 60 days from such entry if one 

9 of the parties is— 

10 ‘‘(1) the United States; 

11 ‘‘(2) a United States agency; 

12 ‘‘(3) a United States officer or employee sued 

13 in an official capacity; or 

14 ‘‘(4) a current or former United States officer 

15 or employee sued in an individual capacity for an act 

16 or omission occurring in connection with duties per17 formed on behalf of the United States, including all 

18 instances in which the United States represents that 

19 officer or employee when the judgment, order, or de20 cree is entered or files the appeal for that officer or 

21 employee.’’. 
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1 SEC. 4. EFFECTIVE DATE. 

2 The amendment made by this Act shall take effect 

3 on December 1, 2011. 

Passed the Senate October 31, 2011. 

Attest: 

Secretary. 
112TH CONGRESS 

1ST SESSION S. 1637 

AN ACT 

To clarify appeal time limits in civil actions to 

parties. which United States officers or employees are