[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1637 Reported in Senate (RS)]
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.
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--
(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.
Calendar No. 196
112th CONGRESS
1st Session
S. 1637
_______________________________________________________________________
A BILL
To clarify appeal time limits in civil actions to which United States
officers or employees are parties.
_______________________________________________________________________
October 17, 2011
Reported without amendment