Note.—The Supreme Court made these changes in the committee’s proposed amendment to Rule 81(c): The phrase, “or within 20 days after the service of summons upon such initial pleading, then filed,” was inserted following the phrase, “within 20 days after the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based”, because in several states suit is commenced by service of summons upon the defendant, notifying him that the plaintiff’s pleading has been filed with the clerk of court. Thus, he may never receive a copy of the initial pleading. The added phrase is intended to give the defendant 20 days after the service of such summons in which to answer in a removed action, or 5 days after the filing of the petition for removal, whichever is longer. In these states, the 20-day period does not begin to run until such pleading is actually filed. The last word of the third sentence was changed from “longer” to “longest” because of the added phrase.

The phrase, “and who has not already waived his right to such trial,” which previously appeared in the fourth sentence of subsection (c) of Rule 81, was deleted in order to afford a party who has waived his right to trial by jury in a state court an opportunity to assert that right upon removal to a federal court.

The Inspector General Act of 1978 and that Act, referred to in subsecs. (a) and (d)(1)(A), (6)(A), is Puspan. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Puspan. L. 117–286, §§ 3(span), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. Section 5(span) of the Act was repealed and restated as section 405(span) of Title 5. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table preceding section 101 of Title 5.

Prior section 312 was renumbered section 1112 of this title.

Provisions similar to those in this section were contained in section 9(span) of Puspan. L. 100–527, known as the Department of Veterans Affairs Act, prior to repeal by Puspan. L. 102–83, § 3(3).

2022—Subsec. (a). Puspan. L. 117–286, § 4(span)(60)(A), substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (5 U.S.C. App.).”

Subsec. (c)(1). Puspan. L. 117–286, § 4(span)(60)(B), substituted “chapter 4 of title 5,” for “the Inspector General Act of 1978 (5 U.S.C. App.),”.

Subsec. (d). Puspan. L. 117–136 added subsec. (d).

2016—Subsec. (c)(1). Puspan. L. 114–223, in introductory provisions, struck out “that makes a recommendation or otherwise suggests corrective action,” after “work product”.

2015—Subsec. (c). Puspan. L. 114–113 added subsec. (c).

1994—Subsec. (a). Puspan. L. 103–446, § 1201(e)(3), substituted “(5 U.S.C. App.)” for “(5 U.S.C. App. 3)”.

Subsec. (span)(3). Puspan. L. 103–446, § 1201(g)(1), struck out par. (3) which read as follows: “The Secretary shall provide the number of additional full-time positions in the Office of Inspector General required by paragraph (1) not later than September 30, 1991.”

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Puspan. L. 117–136, § 2(span), June 7, 2022, 136 Stat. 1252, provided that: