S. 1637 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Wednesday, 

the fifth day of January, two thousand and eleven 

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— 
S. 1637—2 

(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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.