Appeal Time Clarification Act of 2011

(This measure has not been amended since it was passed by the House on September 12, 2011. The summary of that version is repeated here.)

Appeal Time Clarification Act of 2011 - Amends federal judicial code requirements concerning the time limits for the filing of appeals to any judgment, order, or decree in a civil action, suit, or proceeding.

Revises the requirement that an appeal in any such action, suit, or proceeding in which the United States or a U.S. officer or agency is a party be filed within 60 days after entry of judgment, order or decree. Extends application of the 60-day filing deadline to any civil action, suit, or proceeding in which one of the parties is: (1) a U.S. employee sued in an official capacity; or (2) a current or former U.S. 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 any instance in which the United States represents that person when the judgment, order, or decree is entered or files the appeal for that person.

Sets forth the finding of Congress that the application of the 60-day deadline: (1) is not limited to civil actions in which representation of the United States is provided by the Department of Justice (DOJ); and (2) includes all civil actions in which the representation of the United States is provided by a federal legal officer acting in an official capacity, including 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 House's Office of General Counsel.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2633 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2633

 To amend title 28, United States Code, to clarify the time limits for 
appeals in civil cases to which United States officers or employees are 
                                parties.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2011

 Mr. Coble (for himself and Mr. Cohen) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to clarify the time limits for 
appeals in civil cases 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. TIME FOR APPEALS IN CERTAIN CASES.

    Section 2107 of title 28, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``order or decree'' each place it 
                appears and inserting ``order, or decree'';
                    (B) by striking ``suit or proceeding'' and 
                inserting ``suit, or proceeding''; and
                    (C) by striking ``filed, within thirty'' and 
                inserting ``filed within 30''; and
            (2) by amending subsection (b) to read as follows:
    ``(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) an agency of the United States;
            ``(3) an officer or employee of the United States who is 
        sued in an official capacity; or
            ``(4) a current or former officer or employee of the United 
        States who is sued in an individual capacity for an act or 
        omission occurring in connection with duties performed on 
        behalf of the United States, including any instance in which 
        the United States represents that person when the judgment, 
        order, or decree is entered or files the appeal for that 
        person.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on December 1, 
2011.
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