Appeal Time Clarification Act of 2011 Public Law 112–62 Appeal Time Clarification Act of 2011 62 112–62 Statute Compilation United States House of Representatives Office of the Legislative Counsel text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. GPO Statute Compilations USLM converter, version 20210527.1 2021-10-15 Appeal Time Clarification Act of 2011 9765 112 2011-11-29 Appeal Time Clarification Act of 2011 [(Public Law 112–62)] [This law has not been amended] [Currency: This publication is a compilation of the text of Public Law 112-62. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/] [Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
AN ACTTo 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. [28 U.S.C. 2107 note] 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. [28 U.S.C. 2107 note] EFFECTIVE DATE. The amendment made by this Act shall take effect on December 1, 2011.