[Pages H6047-H6048]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

APPEAL TIME CLARIFICATION ACT OF 2011

Mr. COBLE. Mr. Speaker, I move to suspend the rules and pass the bill
(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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 2633

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 1 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 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. 4. EFFECTIVE DATE.

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

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Coble) and the gentleman from Michigan (Mr.
Conyers) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina.

General Leave

Mr. COBLE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on H.R. 2633, as amended, currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.

[[Page H6048]]

I want to thank the ranking member of the Courts Subcommittee, Mr.
Cohen, the distinguished gentleman from Tennessee, and the ranking
member of the full committee, Mr. Conyers, the distinguished gentleman
from Michigan, for their having cosponsored the bill.
I introduced the bill, H.R. 2633, at the behest of the United States
Judicial Conference. It addresses a small problem that must be fixed or
attended to prior to December 1 of this year.
Under the existing Rules Enabling Act, the Judicial Conference may
develop changes to existing Federal rules of procedure and evidence.
The Supreme Court submits any agreed-upon amendments to Congress no
later than May 1 of a given calendar year. The changes take effect on
December 1 unless Congress intervenes during the interim.
This year, as part of its rules package, the Supreme Court submitted
proposed amendments to Appellate Rule 4 that clarify the treatment of
the time to appeal in civil cases involving a United States officer or
employee. Because the time to appeal in a civil case is set not only by
Appellate Rule 4 but also by section 2107 of title 28 of the U.S. Code,
the Advisory Committee on Appellate Rules has proposed that the
Judicial Conference seek legislation to make the same clarifying change
to section 2107.
Appellate Rule 4 and section 2107 currently provide that the time to
appeal is 30 days for most civil cases, but that the appeal time for
all parties is 60 days when the parties to the case include ``the
United States,'' a United States ``officer,'' or a United States
``agency.'' The problem is that current law is not clear concerning the
applicability of the longer period in cases in which the Federal party
is a United States officer or employee sued in an individual capacity.
The proposed amendments in H.R. 2633 simply clarify that the longer
period applies to such an individual or employee, just as it does to
the United States Government or a United States agency.
A lawsuit against a Federal officer or employee under these
conditions requires the Federal Government to decide whether to
represent that individual. This requires time, as the government must
evaluate the case, determine whether an appeal should be taken, and
ultimately obtain the Solicitor General's approval.
The proposed revisions to Appellant Rule 4 are on a glide path to
December 1. It's important to promote the consistency between the rules
and title 28 by ensuring that we enact H.R. 2633, which also takes
effect on December 1.
The only change to the bill as reported by our committee is the
inclusion of ``findings'' language developed by the Senate Judiciary
Committee. The main point of this text is to clarify that the 60-day
period applies to cases involving article I litigants, including
Members of the House of Representatives and Senators. This addition is
entirely consistent with the legislative history of the bill and is
fully supported by the Judicial Conference. This will also help to
expedite passage of H.R. 2633 by the other body.
Mr. Speaker, this is bipartisan legislation devoid of controversy. It
treats Federal litigants fairly under the Appellate Rules and assists
the courts in correctly interpreting those rules. I urge my colleagues
to support H.R. 2633, and I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
I begin by congratulating Howard Coble of North Carolina, a senior
member of the Judiciary Committee, who is the sponsor of this bill, and
agree with him entirely. It was reported by our committee by voice vote
and no amendment. His explanation was thorough, and I appreciate his
inclination for detail which had us make this important modification of
appeal time clarification.
Mr. Speaker, I rise in support of H.R. 2633, the ``Appeal Time
Clarification Act of 2011,'' as amended.
This noncontroversial legislation simply clarifies the time for
filing an appeal in federal civil cases.
It does so by amending section 2107 of title 28 of the United States
Code to provide that current or former officers or employees of the
United States who are sued in their individual capacities for acts or
omissions in connection with the performance of their federal duties
are entitled to 60 days from the entry of a judgment, order, or decree
to file their appeals, rather than the normal 30 days.
The bill resolves an ambiguity in current law as to whether officers
or employees of the United States who are sued in their individual
capacities--as opposed to their official capacities--are entitled to
the 60-day period.
The amendments made by H.R. 2633 would make it clear that they are
indeed entitled to the longer appeal period.
This change would also bring section 2107 in line with a pending
revision to Federal Rule of Appellate Procedure 4, which also governs
the time for appeals in civil cases.
The amendment to Rule 4 was approved by the Supreme Court in April
and is set to take effect on December 1, 2011.
H.R. 2633's amendment to section 2107 will avoid confusion and
inconsistency between the two provisions that pertain to the time to
file an appeal in civil cases.
Finally, the change made by H.R. 2633 is consistent with the policy
that underlies the longer appeal period involving federal parties
generally.
If the United States represents a federal party, the government
typically needs time to review the case, determine whether an appeal
should be taken, and secure the Solicitor General's approval for that
appeal.
The same concern applies when the United States--through the Justice
Department or some other federal litigating entity such as the House
Office of General Counsel or the Senate Office of Legal Counsel--
decides to represent a current or former officer or employee sued in
his or her individual capacity.
Therefore, making it clear that the 60-day time period to file an
appeal is available in such cases serves that policy goal.
H.R. 2633 was reported by the Judiciary Committee without amendment
by voice vote. The version of the bill we are considering today is
identical, but for the addition of certain findings made at the
Senate's recommendation.
For these reasons, I urge my colleagues to support this commonsense
legislation.
I yield back the balance of my time.
Mr. COBLE. I thank my friend from Michigan for his kind words.
Mr. Speaker, I also yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from North Carolina (Mr. Coble) that the House suspend the
rules and pass the bill, H.R. 2633, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CONYERS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.

____________________