IIB 
112TH CONGRESS 
1ST SESSION H. R. 2633 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 13, 2011 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To amend title 28, United States Code, to clarify the time 
limits for appeals in civil cases to which United States 
officers or employees are parties. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Appeal Time Clarifica-
tion 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 of-
ficer, or a United States agency; 
(2) the 60-day period should apply if 1 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 offi-
cer 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 
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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 du-
ties; 
(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 ap-
peal for that officer or employee; and 
(5) the application of the 60-day period in sec-
tion 2107 of title 28, United States Code, and rule 
4 of the Federal Rules of Appellate Procedure— 
(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 Mem-
ber, officer, or employee of the Senate or the 
House of Representatives is represented by the 
Office of Senate Legal Counsel or the Office of 
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General Counsel of the House of Representa-
tives. 
SEC. 3. TIME FOR APPEALS IN CERTAIN CASES. 
Section 2107 of title 28, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘order or decree’’ each 
place it appears and inserting ‘‘order, or de-
cree’’; 
(B) by striking ‘‘suit or proceeding’’ and 
inserting ‘‘suit, or proceeding’’; and 
(C) by striking ‘‘filed, within thirty’’ and 
inserting ‘‘filed within 30’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(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) an agency of the United States; 
‘‘(3) an officer or employee of the United States 
who is sued in an official capacity; or 
‘‘(4) a current or former officer or employee of 
the United States who is sued in an individual ca-
pacity for an act or omission occurring in connection 
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with duties performed on behalf of the United 
States, including any instance in which the United 
States represents that person when the judgment, 
order, or decree is entered or files the appeal for 
that person.’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
on December 1, 2011. 
Passed the House of Representatives September 12, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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