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.

1978—Pub. L. 95–348, § 9(1), in introductory provision inserted “, notwithstanding any provision of law to the contrary,” after “Congress”.

Subsec. (a). Pub. L. 95–348, § 9(2), substituted “Any” for “Notwithstanding any provision of law to the contrary, any”.

Pub. L. 99–396, § 12(a), Aug. 27, 1986, 100 Stat. 841, provided that: “In awarding assistance grants, consolidated under the provisions of title V of the Act entitled ‘An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts related thereto, and for other purposes’ (91 Stat. 1159, as amended) [42 U.S.C. 4368b; 48 U.S.C. 1469a], to the Trust Territory of the Pacific Islands, American Samoa, Guam, the Northern Mariana Islands or the Virgin Islands, the Administrator of the Environmental Protection Agency may, in his discretion, adjust or otherwise modify maintenance or level of effort requirements.”

Pub. L. 96–205, title VI, § 601, Mar. 12, 1980, 94 Stat. 90, as amended Pub. L. 98–213, § 6, Dec. 8, 1983, 97 Stat. 1460; Pub. L. 98–454, title VI, § 601(b), Oct. 5, 1984, 98 Stat. 1736, provided that this section shall be applied with respect to the Department of the Interior by substituting “shall” for “may” in the last sentence of subsection (d), and adding the following sentence at the end of subsection (d): “Notwithstanding any other provision of law, in the case of American Samoa, Guam, the Virgin Islands, and the Northern Mariana Islands any department or agency shall waive any requirement for local matching funds under $200,000 (including in-kind contributions) required by law to be provided by American Samoa, Guam, the Virgin Islands, or the Northern Mariana Islands.”

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.