alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 115.67 Agency protection against retaliation. ( a ) Staff, contractors, and volunteers, and immigration detention facility detainees, shall not retaliate against any person, including a detainee, who reports, complains about, or participates in an investigation into an allegation of sexual abuse, or for participating in sexual activity as a result of force, coercion, threats, or fear of force.
( b ) The agency shall employ multiple protection measures, such as housing changes, removal of alleged staff or detainee abusers from contact with victims, and emotional support services for detainees or staff who fear retaliation for reporting sexual abuse or for cooperating with investigations.
( c ) For at least 90 days following a report of sexual abuse, the agency and facility shall monitor to see if there are facts that may suggest possible retaliation by detainees or staff, and shall act promptly to remedy any such retaliation. Items the agency should monitor include any detainee disciplinary reports, housing or program changes, or negative performance reviews or reassignments of staff. DHS shall continue such monitoring beyond 90 days if the initial monitoring indicates a continuing need.
#### § 100.12 Identification (52 U.S.C. 30101(13)).

*Identification* means, in the case of an individual, his or her full name, including: First name, middle name or initial, if available, and last name; mailing address; occupation; and the name of his or her employer; and, in the case of any other person, the person's full name and address.
#### § 256.16 What if I don't receive funding?

If you don't receive funding, your servicing housing office will retain and consider your application for 3 more years. During this 4-year period, you must ensure that the information on your application is still accurate and provide an annual written update if any information has changed.
**Exhibit 32.1**

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF2002

 

In connection with the Quarterly Report of 24/7 Real Media, Inc.(the “**Company**”) on Form 10-Qfor the period ended June 30, 2005 as filed with the Securities andExchange Commission on the date hereof (the “**Report**”),I, David J. Moore, Chairman and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of theSarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(2) The information contained in the Report fairly presents, inall material respects, the financial condition and result of operations of theCompany.

 

 

August 9, 2005

 

 
|   | /s/ David J. Moore                   |   |
|--------|--------------------------------------|--------|
|   | Chairman and Chief Executive Officer |
|   | (Principal Executive Officer)        |

 

 

*A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.*

 

----
Pension Benefit Guaranty Corporation 

85-32 

December 31, 1985 

REFERENCE: 

 [*1] 4204 Sale of Assets 

OPINION: 

This responds to your request for the opinion of the Pension Benefit Guaranty Corporation ("PBGC") on the

application of the relief provisions of Section 4204 of the Employee Retirement Income Security Act, as amended ("the

Act"). Specifically, you ask whether an employer that has withdrawn from a multiemployer pension plan may be relieved

of withdrawal liability by a subsequent sale of assets in accordance with Section 4204. 

In the situation you describe, an employer that was obligated to contribute to a multiemployer plan ceased

contributions upon contracting out the work on which the contributions to the plan were based (" the covered * * *

operations"). The required contributions were then made by the contractor. At a subsequent date, the contractor agreed

to purchase the covered operations. 

Section 4201 of the Act provides that an employer may be liable to a multiemployer plan upon a complete or partial

withdrawal from the plan. A complete withdrawal is defined under Section 4203 as occurring when an employer either

1) permanently ceases to have an obligation to contribute under the plan or 2) permanently ceases all covered operations

under the plan. [*2] Section 4204 establishes a limited exception to this definition of withdrawal so that the transfer

of ownership of a business by a sale of assets can be effected without withdrawal liability being incurred by the seller.

Thus, subject to certain conditions, Section 4204 provides that a withdrawal will not occur " solely because, as a result

of a bona fide, arm's-length sale of assets to an unrelated party . . . the seller ceases covered operations or ceases to have

an obligation to contribute for such operations." 

When an employer withdraws from a plan before a sale of assets, it is our opinion that Section 4204 cannot be used

to prevent the assessment of withdrawal liability. For Section 4204 to apply, the employer's withdrawal must be as a

result of the sale of assets and not the product of an earlier event. This letter does not express any opinion as to whether,

in the circumstances that you describe, the employer's obligation to contribute to the plan permanently ceased before the

sale of its assets. The determination of when a withdrawal has occurred and whether Section 4204 may be applied is to

be made by the plan sponsor in a given case, subject to arbitration and review [*3] in the courts. 

I hope this has been of assistance. If you have further questions please contact the attorney handling this matter, *

* *, of the Corporate Policy and Regulations Department. His telephone number is (202) 956-5050. 

Edward R. Mackiewicz 

General Counsel
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 674 Reported in House (RH)]

                                                 House Calendar No. 328
106th CONGRESS
  2d Session
H. RES. 674

                         [Report No. 106-1030]

  Providing for consideration of the joint resolution (H.J. Res. 133) 
making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2000

    Mr. Linder, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION

 
  Providing for consideration of the joint resolution (H.J. Res. 133) 
making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.

    Resolved, That upon the adoption of this resolution it shall be in 
order without intervention of any point of order to consider in the 
House the joint resolution (H.J. Res. 133) making further continuing 
appropriations for the fiscal year 2001, and for other purposes. The 
joint resolution shall be considered as read for amendment. The 
previous question shall be considered as ordered on the joint 
resolution to final passage without intervening motion except: (1) one 
hour of debate equally divided and controlled by the chairman and 
ranking minority member of the Committee on Appropriations; and (2) one 
motion to recommit.
                                                 House Calendar No. 328

106th CONGRESS

  2d Session

                              H. RES. 674

                         [Report No. 106-1030]

_______________________________________________________________________

                               RESOLUTION

  Providing for consideration of the joint resolution (H.J. Res. 133) 
making further continuing appropriations for the fiscal year 2001, and 
                          for other purposes.

_______________________________________________________________________

                           December 14, 2000

        Referred to the House Calendar and ordered to be printed
```
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 86 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                         March 3, 1999.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 661) to direct the Secretary of Transportation to prohibit the 
commercial operation of supersonic transport category aircraft that do not 
comply with stage 3 noise levels if the European Union adopts certain aircraft 
noise regulations. The first reading of the bill shall be dispensed with. Points 
of order against consideration of the bill for failure to comply with clause 
4(a) of rule XIII are waived. General debate shall be confined to the bill and 
shall not exceed one hour equally divided and controlled by the chairman and 
ranking minority member of the Committee on Transportation and Infrastructure. 
After general debate the bill shall be considered for amendment under the five-
minute rule. The bill shall be considered as read. During consideration of the 
bill for amendment, the Chairman of the Committee of the Whole may accord 
priority in recognition on the basis of whether the Member offering an amendment 
has caused it to be printed in the portion of the Congressional Record 
designated for that purpose in clause 8 of rule XVIII. Amendments so printed 
shall be considered as read. The Chairman of the Committee of the Whole may: (1) 
postpone until a time during further consideration in the Committee of the Whole 
a request for a recorded vote on any amendment; and (2) reduce to five minutes 
the minimum time for electronic voting on any postponed question that follows 
another electronic vote without intervening business, provided that the minimum 
time for electronic voting on the first in any series of questions shall be 15 
minutes. At the conclusion of consideration of the bill for amendment the 
Committee shall rise and report the bill to the House with such amendments as 
may have been adopted. The previous question shall be considered as ordered on 
the bill and amendments thereto to final passage without intervening motion 
except one motion to recommit with or without instructions.
            Attest:

                                                                          Clerk.
```
Pension Benefit Guaranty Corporation 

88-1 

1988 PBGC LEXIS 1 

January 11, 1988 

REFERENCE: 

 [*1] 4204(b)(1) - Liability of Purchaser 

 4211(b) - Withdrawal Liability - Presumptive Method 

OPINION: 

This responds to your request for the opinion of the Pension Benefit Guaranty Corporation ("PBGC") as to whether

section 4204 of the Employee Retirement Income Security Act, as amended ("ERISA"), requires that the withdrawal

liability of a purchaser to which that section applies be computed using the statutory presumptive method of section

4211(b), rather than the method adopted by the multiemployer pension plan in question. 

Section 4204(b)(1) provides that the liability of a purchaser under section 4204: 

shall be determined as if the purchaser had been required to contribute to the plan in the year of the sale and the 4

plan years preceding the sale the amount the seller was required to contribute for such operations for such 5 years. 

This provision does not otherwise amend the rules for determining withdrawal liability found in sections 4201-4225

of ERISA. The legislative history that accompanies this provision also does not indicate any Congressional intent to vary

these rules. Therefore, it is our opinion that a purchaser's liability is to be determined under the plan's duly adopted

allocation method, as modified by section 4204(b)(1). 

I hope this [*2] has been of assistance. If you have further questions, please contact the attorney handling this

matter, John Foster, at (202) 778-8850. 

Gary M. Ford 

General Counsel
Editorial Note on Part 900
Editorial Note: Nomenclature changes to part 900 appear at 67 FR 34602, May 15, 2002.

§ 900.243 What effect will an Indian tribe or tribal organization's retrocession have on its rights to contract? An Indian tribe or tribal organization's retrocession shall not negatively affect: ( a ) Any other contract to which it is a party;
( b ) Any other contracts it may request; and
( c ) Any future request by the Indian tribe or tribal organization to contract for the same program.
[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Notices]
[Page 10382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4179]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Eunice Kennedy Shriver National Institute of Child Health & Human 
Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel; Changing Parental Relationships 
and Child Well-Being.
    Date: March 22, 2011.
    Time: 10 a.m. to 1 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6100 Executive Boulevard, 
Rockville, MD 20852, (Telephone Conference Call)
    Contact Person: Carla T. Walls, PhD, Scientific Review Officer, 
Division of Scientific Review, Eunice Kennedy Shriver National 
Institute of Child Health and Human Development, NIH, 6100 Executive 
Blvd., Room 5B01, Bethesda, MD 20892, 301-435-6898, 
<a href="/cdn-cgi/l/email-protection#e99e8885859a8aa984888085c7878081c78e869f"><span class="__cf_email__" data-cfemail="ceb9afa2a2bdad8ea3afa7a2e0a0a7a6e0a9a1b8">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: February 17, 2011.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2011-4179 Filed 2-23-11; 8:45 am]
BILLING CODE 4140-01-P


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### §1701o. Annual report of Secretary

The Secretary of Housing and Urban Development shall, as soon as practicable during each calendar year, make a report to the President for submission to the Congress on all operations and programs (including but not limited to the insurance, urban renewal, public housing, and rent supplement programs) under the jurisdiction of the Department of Housing and Urban Development during the previous calendar year. Such report shall contain recommendations for strengthening or improving such programs, or, when necessary to implement more effectively Congressional policies and purposes, for establishing new or alternative programs.

(Aug. 2, 1954, ch. 649, title VIII, §802(a), 68 Stat. 642; Pub. L. 89–117, title XI, §1101, Aug. 10, 1965, 79 Stat. 502; Pub. L. 90–19, §10(f), May 25, 1967, 81 Stat. 23; Pub. L. 100–242, title V, §570(b), Feb. 5, 1988, 101 Stat. 1950.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Housing Act of 1954, and not as part of the National Housing Act which comprises this chapter.

#### Amendments

1988—Pub. L. 100–242 inserted section catchline "Annual report of Secretary".

1967—Pub. L. 90–19 struck out "FHA" before "insurance" and substituted "Secretary of Housing and Urban Development" and "Department of Housing and Urban Development" for "Housing and Home Finance Administrator" and "Housing and Home Finance Agency", respectively.

1965—Pub. L. 89–117 specifically included FHA insurance, urban renewal, public housing, and rent supplement programs within the operation and programs of the Housing and Home Finance Agency which the report shall cover and inserted requirement that the report contain recommendations for improving programs and for new or alternative programs.
#### In the Matter of Ejoel M., a Person Alleged to be a Juvenile Delinquent, Appellant.

[824 NYS2d 660]

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Lubow, J.), dated May 12, 2005, which, upon a fact-finding order of the same court dated December 9, 2004, made upon the appellant’s admission, finding that the appellant had committed an act which, if committed by an adult, would have constituted the crime of criminal possession of a weapon in the fourth degree, adjudged him to be a juvenile delinquent and placed him in the custody of the Office of Children and Family Services for a period of 12 months. The appeal brings up for review the fact-finding order dated December 9, 2004.

Ordered that the appeal from so much of the order of disposition as placed the appellant in the custody of the New York State Office of Children and Family Services for a period of 12 months is dismissed as academic, without costs or disbursements, as the period of placement has expired *(see Matter of Sam G.,*294 AD2d 363 [2002]); and it is further,

Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.

*679“As a corollary to the right to counsel, non-English speaking individuals have the right to an interpreter to enable them to participate meaningfully in their trial and assist in their own defense” *{Matter of Er-Mei Y.,*29 AD3d 1013, 1015 [2006] [citations omitted]). “[W]here a court is put on notice that a defendant has severe difficulty in understanding the English language, it must inform him [or her] that he [or she] has a right to a competent translator to assist him [or her], at State expense, if he [or she] cannot afford one” *(People v De Armas,*106 AD2d 659, 660 [1984]). “The determination whether a court-appointed interpreter is necessary lies within the sound discretion of the trial court, which is in the best position to make the fact-intensive inquiries necessary to determine whether there exists a language barrier such that the failure to appoint an interpreter will deprive the defendant of his or her constitutional rights” *(People v Warcha,*17 AD3d 491, 493 [2005]).

Here, the record shows that an interpreter was present when the appellant made his admission during the fact-finding proceeding, during all of the court dates in which testimony was offered at the dispositional hearing, and all other times when substantive issues were addressed. Moreover the record shows that the appellant understood English *(see People v De Armas, supra*at 660).

The appellant’s contention that he was denied the effective assistance of counsel is without merit. The Law Guardian, contrary to the appellant’s contention, requested that a Spanish interpreter be provided, and otherwise provided him with meaningful representation *(see People v Henry,*95 NY2d 563, 565 [2000]; *People v Benevento,*91 NY2d 708, 712 [1998]). Adams, J.P., Rivera, Skelos and Lifson, JJ., concur.
§ 38.5 Qualifications for educators. ( a ) *Qualifications related to positions.* Job qualification requirements shall be at least equivalent to those established by the appropriate licensing and certification authorities of the State in which the position is located.
( b ) *Qualifications related to individuals.* An applicant for an education position must establish that he/she meets the requirements of the position by submitting an application and a college transcript, as appropriate, to the local school supervisor, Agency Superintendent for Education (ASE), Area Education Programs Administrator (AEPA), or Director and appearing for an interview if requested by the official involved. The applicant's education and experience will be subject to verification by the ASE or the AEPA. Employees who falsify experience and employment history may be subject to disciplinary action or discharge from the position to which he/she is appointed. ( 1 ) School boards may waive formal education and State certification requirements for tribal members who are hired to teach tribal culture and language.
( 2 ) Tribal members appointed under this waiver may not have their basic pay rate set higher than the rate paid to qualified educators in teaching positions at that school.
( c ) *Identification of qualified individuals.* The Director shall require each ASE, AEPA, and other appropriate local official in the education program organization to maintain lists of qualified and interviewed applicants for each of the kinds of established positions. Applications on file shall be purged annually. Applicants whose qualifications are established and who indicate an interest in working in specified locations will be included on those local applicant lists. The Director shall maintain a national list of qualified applicants for each of the kinds of positions established. Applicants whose qualifications are established and who either do not indicate an interest in a specific location or indicate an interest in working in any location will be entered on the national list. The national list is a secondary source of applicants.
( d ) *Special recruitment and training for Indian educators.* The Director shall review annually the Bureau's “Recruitment of Indian Educators Program” and update as necessary. The Director will define individual training plans for trainees and subsequent promotional opportunities for advancement based upon satisfactory job performance in this program.