[Congressional Record Volume 157, Number 177 (Friday, November 18, 2011)]
[House]
[Page H7841]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 APPEAL TIME CLARIFICATION ACT OF 2011

  Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent to take from 
the Speaker's table the bill (S. 1637) to clarify appeal time limits in 
civil actions to which United States officers or employees are parties, 
and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  The text of the bill is 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.

  The bill was ordered to be read a third time, was read the third 
time, and passed, and a motion to reconsider was laid on the table.

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