Appeal Time Clarification Act of 2011
PL 112-62 (S.1637), enacted 11/29/2011

125 STAT. 756 
PUBLIC LAW 112–62—NOV. 29, 2011 
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— 
28 USC 2107 
note. 
Appeal Time 
Clarification Act 
of 2011. 
28 USC 1 note. 
Nov. 29, 2011 
[S. 1637] 
VerDate Mar 15 2010 
13:48 Jul 02, 2014
Jkt 099194
PO 00001
Frm 00754
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2011\99194PT1.001
99194PT1
dkrause on DSKHT7XVN1PROD with LOCATORS
125 STAT. 757 
PUBLIC LAW 112–62—NOV. 29, 2011 
LEGISLATIVE HISTORY—S. 1637 (H.R. 2633): 
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. 
(A) is not limited to civil actions in which representa-
tion 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 rep-
resents 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. 
28 USC 2107 
note. 
Deadline. 
VerDate Mar 15 2010 
13:48 Jul 02, 2014
Jkt 099194
PO 00001
Frm 00755
Fmt 6580
Sfmt 6580
G:\GSDD\STATUTES\2011\99194PT1.001
99194PT1
dkrause on DSKHT7XVN1PROD with LOCATORS