II 

Calendar No. 196 

112TH CONGRESS 

1ST SESSION S. 1637 

To clarify appeal time limits in civil actions to which United States officers 

or employees are parties. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 3, 2011 

Ms. KLOBUCHAR (for herself and Mr. SESSIONS) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

OCTOBER 17, 2011 

Reported by Mr. LEAHY, without amendment 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Appeal Time Clarifica5 tion Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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

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

3 Procedure provide that the time to appeal for most 

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

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

6 action include the United States, a United States of7 ficer, or a United States agency; 

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

9 parties is— 

10 (A) the United States; 

11 (B) a United States agency; 

12 (C) a United States officer or employee 

13 sued in an official capacity; or 

14 (D) a current or former United States offi15 cer or employee sued in an individual capacity 

16 for an act or omission occurring in connection 

17 with duties performed on behalf of the United 

18 States; 

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

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

21 Procedure (as amended to take effect on December 

22 1, 2011, in accordance with section 2074 of that 

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

24 those civil actions relating to a Federal officer or 

25 employee sued in an individual capacity for an act 


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1 or omission occurring in connection with Federal du2 ties; 

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

4 should apply include all civil actions in which a legal 

5 officer of the United States represents the relevant 

6 officer or employee when the judgment or order is 

7 entered or in which the United States files the ap8 peal for that officer or employee; and 

9 (5) the application of the 60-day period in sec10 tion 2107 of title 28, United States Code, and rule 

11 4 of the Federal Rules of Appellate Procedure— 

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

13 representation of the United States is provided 

14 by the Department of Justice; and 

15 (B) includes all civil actions in which the 

16 representation of the United States is provided 

17 by a Federal legal officer acting in an official 

18 capacity, such as civil actions in which a Mem19 ber, officer, or employee of the Senate or the 

20 House of Representatives is represented by the 

21 Office of Senate Legal Counsel or the Office of 

22 General Counsel of the House of Representa23 tives. 


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

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

3 amended by striking subsection (b) and inserting the fol4 lowing: 

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

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

7 of the parties is— 

8 ‘‘(1) the United States; 

9 ‘‘(2) a United States agency; 

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

11 in an official capacity; or 

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

13 or employee sued in an individual capacity for an act 

14 or omission occurring in connection with duties per15 formed on behalf of the United States, including all 

16 instances in which the United States represents that 

17 officer or employee when the judgment, order, or de18 cree is entered or files the appeal for that officer or 

19 employee.’’. 

20 SEC. 4. EFFECTIVE DATE. 

21 The amendment made by this Act shall take effect 

22 on December 1, 2011. 


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Calendar No. 196 

112TH CONGRESS 

1ST SESSION S. 1637 

A BILL 

To clarify appeal time limits in civil actions to 

parties. which United States officers or employees are 

OCTOBER 17, 2011 

Reported without amendment 


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