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H.R. 2633 (112th): Appeal Time Clarification Act of 2011

The text of the bill below is as of Jul 25, 2011 (Introduced).

Source: GPO

I

112th CONGRESS

1st Session

H. R. 2633

IN THE HOUSE OF REPRESENTATIVES

July 25, 2011

(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.

1.

Short title

This Act may be cited as the Appeal Time Clarification Act of 2011.

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.

.

3.

Effective date

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