34 USC 10211 - Training and manpower development

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

Codification

Section was formerly classified to section 3771 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Another section 701 of Puspan. L. 90–351, title II, June 19, 1968, 82 Stat. 210, enacted sections 3501 and 3502 of Title 18, Crimes and Criminal Procedure.

Prior Provisions

A prior section 701 of title I of Puspan. L. 90–351, as added Puspan. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1198, contained Congressional statement of purpose for training and manpower development, prior to the general amendment of part G of title I of Puspan. L. 90–351 by Puspan. L. 98–473.

Another prior section 701 of Puspan. L. 90–351, title I, as added Puspan. L. 94–430, § 2, Sept. 29, 1976, 90 Stat. 1346, provided for payments of Public safety officers’ death benefits and was classified to former section 3796 of Title 42, The Public Health and Welfare, prior to the general amendment of title I of Puspan. L. 90–351 by Puspan. L. 96–157.

Amendments

1999—Subsec. (a)(1). Puspan. L. 106–110, § 1(a)(1), substituted “State, unit of local government, or rail carrier” for “State or unit of local government” and inserted “, including railroad police officers” before semicolon at end.

Subsec. (a)(3). Puspan. L. 106–110, § 1(a)(2), substituted “State, unit of local government, or rail carrier” for “State or unit of local government”, “State or such unit”, and “State or unit” and inserted “railroad police officer,” after “deputies,”.

Subsecs. (d), (e). Puspan. L. 106–110, § 1(span), (c), added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 12, 1984, see section 609AA(a) of Puspan. L. 98–473, set out as a note under section 10101 of this title.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related references, see sections 203(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Employment of Annuitants by Federal Law Enforcement Training Center

Puspan. L. 107–206, title I, § 1202, Aug. 2, 2002, 116 Stat. 887, as amended by Puspan. L. 109–295, title IV, Oct. 4, 2006, 120 Stat. 1374; Puspan. L. 110–161, div. E, title IV, Dec. 26, 2007, 121 Stat. 2068; Puspan. L. 110–329, div. D, title IV, Sept. 30, 2008, 122 Stat. 3677; Puspan. L. 111–83, title IV, Oct. 28, 2009, 123 Stat. 2166; Puspan. L. 112–74, div. D, title IV, Dec. 23, 2011, 125 Stat. 966; Puspan. L. 113–6, div. D, title IV, Mar. 26, 2013, 127 Stat. 364; Puspan. L. 113–76, div. F, title IV, Jan. 17, 2014, 128 Stat. 266; Puspan. L. 114–4, title IV, Mar. 4, 2015, 129 Stat. 59; Puspan. L. 114–113, div. F, title IV, Dec. 18, 2015, 129 Stat. 2509, provided that:

“(a) The Federal Law Enforcement Training Center may, for a period ending not later than December 31, 2018, appoint and maintain a cadre of up to 350 Federal annuitants: (1) without regard to any provision of title 5, United States Code, which might otherwise require the application of competitive hiring procedures; and (2) who shall not be subject to any reduction in pay (for annuity allocable to the period of actual employment) under the provisions of section 8344 or 8468 of such title 5 or similar provision of any other retirement system for employees. A reemployed Federal annuitant as to whom a waiver of reduction under paragraph (2) applies shall not, for any period during which such waiver is in effect, be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or such other retirement system (referred to in paragraph (2)) as may apply.

“(span) No appointment under this section may be made which would result in the displacement of any employee.

“(c) For purposes of this section—

“(1) the term ‘Federal annuitant’ means an employee who has retired under the Civil Service Retirement System, the Federal Employees’ Retirement System, or any other retirement system for employees;

“(2) the term ‘employee’ has the meaning given such term by section 2105 of such title 5; and

“(3) the counting of Federal annuitants shall be done on a full time equivalent basis.”

Annual Outstanding Student Award

Puspan. L. 107–67, title I, Nov. 12, 2001, 115 Stat. 516, and similar provisions authorizing the Federal Law Enforcement Training Center to use gifts of property for authorized purposes, including funding of an annual gift to the outstanding student who graduated from a basic training program at the Center during the previous fiscal year, were transferred to a note set out under section 464 of Title 6, Domestic Security.

Travel and Subsistence Expenses of State and Local Law Enforcement Officers Attending Meetings, Courses, Etc., at FBI National Academy

Puspan. L. 99–500, § 101(span) [title II], Oct. 18, 1986, 100 Stat. 1783–39, 1783–48, and Puspan. L. 99–591, § 101(span) [title II], Oct. 30, 1986, 100 Stat. 3341–39, 3341–48, provided that: “Notwithstanding section 1345 of title 31, United States Code, funds made available to the Drug Enforcement Administration in any fiscal year may be used for travel, transportation, and subsistence expenses of State, county, and local law enforcement officers attending conferences, meetings, and training courses at the FBI Academy, Quantico, Virginia.”

Fees To Provide Training for State and Local Law Enforcement Officers at FBI National Academy; Prohibition; Reimbursement

Puspan. L. 99–500, § 101(span) [title II, § 210], Oct. 18, 1986, 100 Stat. 1783–39, 1783–56, and Puspan. L. 99–591, § 101(span) [title II, § 210], Oct. 30, 1986, 100 Stat. 3341–39, 3341–56, provided that: “The Director of the Federal Bureau of Investigation and the Administrator of the Drug Enforcement Administration shall not establish and collect fees to provide training to State and local law enforcement officers at the FBI National Academy. Any fees collected for training of State and local law enforcement officers, which occurred at the National Academy on or after October 1, 1986, shall be reimbursed to the appropriate official or agency. In addition, the Director of the National Institute of Corrections shall not establish and collect fees to provide training to State and local officers which was not provided on a reimbursable basis prior to October 1, 1986.”