[Congressional Record Volume 157, Number 164 (Monday, October 31, 2011)]
[Senate]
[Page S6925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 APPEAL TIME CLARIFICATION ACT OF 2011

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 196, S. 1637.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1637) to clarify appeal time limits in civil 
     actions to which United States officers or employees are 
     parties.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table with no intervening action or debate, and that any statements 
relating to the measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1637) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1637

       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.

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