1 See References in Text note below.
*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.
Editorial Notes
References in TextThe 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Stat. 1101, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 4 (§ 401 et seq.)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 Section 5(span) of the Act was repealed and restated as section 405(span) of Title 5.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 ProvisionsPrior 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).
Amendments2024—Subsec. (d)(7)(A). Puspan. L. 118–83 substituted “September 30, 2025” for “May 31, 2025”.
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.”
Statutory Notes and Related Subsidiaries
Change of NameCommittee 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.
Effective Date of 2022 AmendmentPuspan. L. 117–136, § 2(span), June 7, 2022, 136 Stat. 1252, provided that:“(1)In general.—Subsection (d) of section 312 of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [June 7, 2022].
“(2)Semiannual report.—Paragraph (6) of subsection (d) of such section, as so added, shall apply beginning on the date that is seven months after the first day of the first fiscal year beginning after the date of the enactment of this Act.”
Department of Veterans Affairs Employee Training Regarding Office of Inspector GeneralPuspan. L. 118–210, title V, § 501, Jan. 2, 2025, 138 Stat. 2797, provided that:“(a)Training.—The Secretary of Veterans Affairs shall require each employee of the Department of Veterans Affairs who begins employment with the Department on or after the date of the enactment of this Act [Jan. 2, 2025] to receive training that the Inspector General of the Department shall develop on the reporting of wrongdoing to, responding to requests from, and the duty of cooperating with the Office of Inspector General of the Department.
“(span)Timing of Training.—In carrying out subsection (a), the Secretary shall require each employee of the Department covered under such subsection to undergo the training required by such subsection not later than one year after the date on which the employee begins employment with the Department.
“(c)Elements.—Training developed and required under subsection (a) shall include the following:“(1) Definition of the role, responsibilities, and legal authority of the Inspector General of the Department and the duties of employees of the Department for engaging with the Office of Inspector General.
“(2) Identification of Federal whistleblower protection rights, including the right to report fraud, waste, abuse, and other wrongdoing to Congress.
“(3) Identification of the circumstances and mechanisms for reporting fraud, waste, abuse, and other wrongdoing to the Inspector General, including making confidential complaints to the Inspector General.
“(4) Identification of the prohibitions and remedies that help to protect employees of the Department from retaliation when reporting wrongdoing to the Inspector General.
“(5) Recognition of opportunities to engage with staff of the Office of Inspector General to improve programs, operations, and services of the Department.
“(6) Notification of the authority of the Inspector General to subpoena the attendance and testimony of witnesses, including former employees of the Department, as necessary to carry out the duties of the Office of Inspector General under section 312 of title 38, United States Code.
“(d)Design and Update.—The Inspector General of the Department shall design, and update as the Inspector General considers appropriate, the training developed and required by subsection (a).
“(e)System.—The Secretary shall provide, via the talent management system of the Department, or successor system, the training developed and required under subsection (a).
“(f)Relation to Certain Training.—The Secretary shall ensure that training developed and required under subsection (a) is separate and distinct from training provided under section 733 of title 38, United States Code.
“(g)Notice to Employees.—The Secretary shall ensure that the Inspector General is afforded the opportunity, not less frequently than twice each year and more frequently if the Inspector General considers appropriate under extraordinary circumstances, to use the electronic mail system of the Department to notify all authorized users of such system of the following:“(1) The roles and responsibilities of the employees of the Department when engaging with the Office of Inspector General.
“(2) The availability of training provided under subsection (a).
“(3) How to access training provided under subsection (a).
“(4) Information about how to contact the Office of Inspector General, including a link to any website-based reporting form of the Office.”
