alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
II 

116TH CONGRESS 

1ST SESSION S. 909 

To amend title 5, United States Code, with respect to the judicial review 

of agency interpretations of statutory and regulatory provisions. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2019 

Mr. SASSE (for himself, Mr. GRASSLEY, Mr. LANKFORD, Mr. TILLIS, Mr. 

HAWLEY, Mr. CRAPO, Mr. CORNYN, Mr. LEE, Mr. ROUNDS, and Mr. 

INHOFE) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend title 5, United States Code, with respect to the 

judicial review of agency interpretations of statutory and 

regulatory provisions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Separation of Powers 

5 Restoration Act’’. 

6 SEC. 2. JUDICIAL REVIEW OF STATUTORY AND REGU7 LATORY INTERPRETATIONS. 

8 Section 706 of title 5, United States Code, is amend9 ed— 


kjohnson on DSK79L0C42 with BILLS
2 

•S 909 IS

1 (1) by striking ‘‘To the extent necessary’’ and 

2 inserting ‘‘(a) To the extent necessary’’; 

3 (2) in subsection (a), as so designated— 

4 (A) by striking ‘‘decide all relevant ques5 tions of law, interpret constitutional and statu6 tory provisions, and’’; and 

7 (B) by inserting after ‘‘of the terms of an 

8 agency action’’ the following: ‘‘and decide de 

9 novo all relevant questions of law, including the 

10 interpretation of constitutional and statutory 

11 provisions, and rules made by agencies. If the 

12 reviewing court determines that a statutory or 

13 regulatory provision relevant to its decision con14 tains a gap or ambiguity, the court shall not in15 terpret that gap or ambiguity as an implicit del16 egation to the agency of legislative rule making 

17 authority and shall not rely on the gap or ambi18 guity as a justification for interpreting agency 

19 authority expansively or for deferring to the 

20 agency’s interpretation on the question of law. 

21 Notwithstanding any other provision of law, 

22 this subsection shall apply in any action for ju23 dicial review of agency action authorized under 

24 any provision of law. No law may exempt any 

25 such civil action from the application of this 


kjohnson on DSK79L0C42 with BILLS
3 

•S 909 IS

1 section except by specific reference to this sec2 tion’’; and 

3 (3) by striking ‘‘The reviewing court shall—’’ 

4 and inserting the following: 

5 ‘‘(b) The reviewing court shall—’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

Nos. 06-18-00111-CR

& 06-18-00112-CR

JESUS DE LA CRUZ HERRERA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th District Court

Lamar County, Texas

Trial Court Nos. 27278 & 27560

Before Morriss, C.J., Moseley and Burgess, JJ.
2

O R D E R

The clerk’s and reporter’s records were originally due to be filed in the referenced matters 

on July 30, 2018. The clerk’s record was filed by that deadline, but the reporter has been granted 

two extensions of the filing deadline because she indicated that the appellant had not made 

acceptable payment arrangements for preparation of the reporter’s record. See TEX. R. APP. P.

35.3(b)(3). Appellant’s retained attorney has informed this Court that Appellant is indigent for 

purposes of a free record on appeal, and counsel indicates that he is in the process of preparing and 

filing a motion in the trial court for purposes of seeking the reporter’s record at no cost to his client.

“Whether an appellant is indigent for the purposes of appointment of counsel and obtaining 

a free appellate record are discrete inquiries and should be resolved by the trial court.” Goley v. 

State, Nos. 07-18-00145-CR & 07-18-00302-CR, 2018 WL 3766796, at *1 (Tex. App.—Amarillo 

Aug. 8, 2018, order) (not designated for publication) (citing McFatridge v. State, 309 S.W.3d 1, 

5–6 (Tex. Crim. App. 2010)). “Each indigence determination is made at the time the issue arises.” 

Id.

To avoid further delays in this matter and to protect the rights of the parties, we hereby 

abate this matter to the trial court with instructions to determine, following a hearing, if necessary, 

whether appellant is unable to pay for the record and is entitled to have the record furnished without 

charge. See generally TEX. R. APP. P. 20.2. To pursue his claim that he is entitled to a free 

appellate record, Herrera must file an affidavit of indigence with the trial court. If the trial court 

finds that Herrera cannot pay for the record, it shall order the preparation of the reporter’s record 

at no cost to Herrera.
3

A supplemental clerk’s record including copies of any findings, conclusions, and orders, 

as well as the reporter’s record of any hearing that is held, shall be filed with this Court no later 

than October 2, 2018.

All appellate timetables are stayed and will resume on our receipt of the supplemental 

record(s) contemplated by this order.

IT IS SO ORDERED.

BY THE COURT

Date: September 13, 2018
§ 24.107 Allowable fees and other expenses. ( a ) The following fees and other expenses are allowable under the Act: ( 1 ) Reasonable expenses of expert witnesses;
( 2 ) Reasonable cost of any study, analysis, engineering report, test, or project which the Department finds necessary for the preparation of the party's case;
( 3 ) Reasonable attorney or agent fees;
( b ) The amount of fees awarded will be based upon the prevailing market rates for the kind and quality of services furnished, except that ( 1 ) Compensation for an expert witness will not exceed the highest rate paid by the Department for expert witnesses; and
( 2 ) Attorney or agent fees will not be in excess of $75 per hour.
§ 401.8 Public projects under Article 11 of the Compact. ( a ) After a project of any Federal, State, or local agency has been included in the Comprehensive Plan, no further action will be required by the Commission or by the agency to satisfy the requirements of Article 11 of the Compact, except as the Comprehensive Plan may be amended or revised pursuant to the Compact and this part. Any project which is materially changed from the project as described in the Comprehensive Plan will be deemed to be a new and different project for the purposes of Article 11 of the Compact. Whenever a change is made the sponsor shall advise the Executive Director, who will determine whether the change is deemed a material change within the meaning of this part.
( b ) Any public project not having a substantial effect on the water resources of the Basin, as defined in subpart C of this part, may proceed without reference to Article 11 of the Compact.
[62 FR 64154, Dec. 4, 1997, as amended at 89 FR 51825, June 20, 2024]
Coloring Book

www.aphis.usda.gov/vs
Keeping your poultry and pet birds healthy is the responsibility of the whole

family—adults and children alike. The best way to keep your birds free of illness is

for the whole family to practice biosecurity. Biosecurity means doing everything

you can to protect your birds from disease, from washing your hands to restricting

visitors’ contact with your birds. You can help stop diseases such as “bird flu”

should they show up, by

• knowing how to protect your birds from germs,

• looking for signs of illness, and 

• quickly reporting sick birds (call your veterinarian, the State Veterinarian, State

animal diagnostic laboratory, or the U.S. Department of Agriculture [USDA] at 

1–866–536–7593).

This coloring book is a fun way to encourage children to learn the basics of what

we call “backyard biosecurity.” By coloring and reading this booklet, your child will

become more aware of the basic steps for keeping your birds healthy.

Dear Parents:

The U.S. Department of Agriculture is an

equal opportunity provider and employer.

For more information, visit

http://www.aphis.usda.gov/vs

on the Web

The U.S. Department of Agriculture

is an equal opportunity provider 

and employer.

Program Aid No. 1886 

Issued August 2006

U.S. Department of Agriculture 

Animal and Plant Health Inspection Service
Backyard Biosecurity
Backyard Biosecurity
Backyard Biosecurity
Be careful about who comes

into contact with your birds.

If your friends have birds of

their own, they shouldn’t

visit your birds.

Wash your hands and clean

your shoes before and after

you work with your birds.

Backyard Biosecurity 6 Ways To Prevent Poultry Diseases
Do not share tools or

equipment with other bird

owners, even your friends.

Car and truck tires should be

cleaned before you go home

if you have been near other

birds.

Backyard Biosecurity 6 Ways To Prevent Poultry Diseases
If your birds are

coughing or sneezing

and/or not eating or

drinking, tell your

mother or father.

Don’t wait. If your birds are

sick, your mother or father

should call your vet or the

USDA at 1–866–536–7593. 

Backyard Biosecurity 6 Ways To Prevent Poultry Diseases
§ 385.1013 Attachments to pleadings (Rule 1013). ( a ) Each party will file, as an appendix to each pleading which cites documents in the record developed in the prior proceedings on the adjustment request, one copy of each such document in its entirety and, if such document contains information exempt from public disclosure pursuant to rule 1003, a second copy of such document with such information deleted. The top of the first page of each such document will contain the word “PUBLIC” or “NON-PUBLIC,” to indicate whether it contains exempt information.
( b ) One copy of the PUBLIC and NON-PUBLIC versions must be served on counsel for the petitioner and/or the Secretary, and one copy of the PUBLIC version must be served on counsel for each other participant separately represented unless the conditions of Rule 1003 are met, in which situation such counsel must be served with copies of both versions.
( c ) In compiling appendices, the parties will include only documents specifically cited and relied upon in their pleadings. In light of the fact that the Commission always has access to the Secretary's entire administrative record, the parties must not include irrelevant or repetitive documents in the appendices.
[Order 422, 50 FR 21601, May 28, 1985]
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* B o u n d a r i e s a r e b a s e d o n t h e n a t u r e a n d e x t e n t o f c o n t a m i n a t i o n a n d a r e s u b j e c t t o c h a n g e
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# C a l i f o r n i a G u l c h S u p e r f u n d S i t e
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H

CS311042-A

LA VIDA ES MEJOR CON LAS

www.cdc.gov/lavadodemanos

Este material fue elaborado por los CDC. La campaña “La Vida es Mejor con las Manos Limpias” es posible gracias a una

asociación entre la Fundación de los CDC, GOJO y Staples. Los CDC y el HHS no respaldan productos, servicios ni 

empresas comerciales.

LAS MANOS 

LIMPIAS LO 

MANTIENEN SANO.

 Lávese las manos con agua 

y jabón por al menos 

20 SEGUNDOS.
#### § 158.10 Examination of accounts.

All natural gas companies not classified as Class C or Class D prior to January 1, 1984 shall secure for each year, the services of an independent certified public accountant, or independent licensed public accountant (licensed on or before December 31, 1970), certified or licensed by a regulatory authority of a State or other political subdivision of the United States, to test compliance in all material respects of those schedules that are indicated in the General Instructions set out in the applicable Annual Report, Form No. 2 or Form No. 2-A, with the Commission's Uniform System of Accounts and published accounting releases. The Commission expects that identification of questionable matters by the independent accountant will facilitate their early resolution and that the independent accountant will seek advisory rulings by the Commission on such items. This examination shall be deemed supplementary to periodic Commission examinations of compliance.

[Order 581, 60 FR 53065, Oct. 11, 1995]
### SUBCHAPTER LIX–EEE—HOMESTEAD NATIONAL HISTORICAL PARK

#### **Editorial Notes**

#### Codification

Subchapter was formerly classified to sections 450u, 450w, and 450x of this title prior to transfer to this subchapter.
<PAGE>

                                  EXHIBIT 32.1


   CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION
   1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


For purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, Robert W. Humphreys, the Chief Executive Officer
of Delta Apparel, Inc. (the "Company"), hereby certifies that to the best of his
knowledge:

         1.       The Quarterly Report on Form 10-Q for the quarterly period
                  ended March 27, 2004 of the Company, as filed with the
                  Securities and Exchange Commission on the date hereof (the
                  "Report"), fully complies with the requirements of section
                  13(a) or 15(d) of the Securities Exchange Act of 1934; and

         2.       The information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.


Date:  May 6, 2004
                                                   /s/ Robert W. Humphreys
                                             -----------------------------------
                                             Robert W. Humphreys
                                             President & Chief Executive Officer


A signed original of this written statement required by section 906 has been
provided to Delta Apparel, Inc. and will be retained by Delta Apparel, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 19

- 00609

- CV

In re Deanna Jo Robinson

ORIGINAL PROCEEDING FROM BELL COUNTY

M E M O R A N D U M O P I N I O N

The petition for writ of mandamus a nd motion for temporary stay are denied

. See

Tex. R. App. P. 52.8(a) , 52.10.

_______________________ ___________________ Gisela D. Triana, Justice

Before Chief Justice Rose, Justices Triana and Smith

Filed: September 13, 2019
§ 367.57 Equipment. ( a ) The cost of equipment chargeable to the service company property accounts, unless otherwise indicated in the text of an equipment account, includes the related net purchase price, sales taxes, investigation and inspection expenses necessary to such purchase, expenses of transportation when borne by the service company, labor employed, materials and supplies consumed, and expenses incurred by the service company in unloading and placing the equipment in readiness to operate. Also include those costs incurred in connection with the first clearing and grading of land and rights-of-way and the damage costs associated with construction and installation of property.
( b ) Exclude from equipment accounts hand and other portable tools, that are likely to be lost or stolen or that have relatively small value (for example, $500 or less) or short life, unless the correctness of the related accounting as service company property is verified by current inventories. Special tools acquired and included in the purchase price of equipment must be included in the appropriate property account. Portable drills and similar tool equipment when used in connection with the operation and maintenance of a particular plant or department, such as production, transmission, distribution, or similar items, or in stores, must be charged to the property account appropriate for their use.
( c ) The equipment accounts must include angle irons and similar items that are installed at the base of an item of equipment, but piers and foundations that are designed to be as permanent as the buildings that house the equipment, or that are constructed as a part of the building and that cannot be removed without cutting into the walls, ceilings or floors or without in some way impairing the building, must be included in the building accounts.
( d ) The cost of efficiency or other tests made subsequent to the date equipment becomes available for service must be charged to the appropriate expense accounts, except that tests to determine whether equipment meets the specifications and requirements as to efficiency, performance, and similar items, guaranteed by manufacturers, made after operations have commenced and within the period specified in the agreement or contract of purchase may be charged to the appropriate service company property account.
EXHIBIT 32.1
 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Quarterly Report on Form 10-Q for the quarterly period ended December 26,
2009 of the Company, as filed with the Securities and Exchange Commission on the date
hereof (the Report), fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
  /s/ Robert W. HumphreysRobert W. HumphreysChairman and Chief Executive Officer
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 98-50894

Summary Calendar

SAN ANTONIO GARMENT FINISHERS, INC.;

NORA SIERRA,

Plaintiffs-Appellants,

VERSUS

LEVI STRAUSS & CO.,

Defendant-Appellee.

Appeal from the United States District Court

for the Western District of Texas

(SA-97-CV-1452-HG)

February 22, 1999

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

For a period of five years from 1992 through 1997, San Antonio

Garment Finishers, Inc. (hereinafter "SAGF") provided laundry

finishing services to Levi Strauss & Co. (hereinafter "LS&Co.") in

connection with the manufacture of various garment products by

LS&Co. In each of these years, LS&Co. and SAGF entered into a

finishing process agreement that governed their relationship. Each
2

of these agreements provided that either party could terminate the

relationship on 30 days written notice. In April 1997, LS&Co.

notified SAGF that due to excess capacity and changing market

conditions, LS&Co. had to cut back significantly on the use of

finishing contractors including SAGF. Despite being required to

give only 30 days’ notice, LS&Co. gave SAGF six months’ notice of

its plan to terminate the parties’ relationship. After termination

of the agreement, SAGF filed this lawsuit in Texas State Court on

October 31, 1997, alleging claims for breach of contract, breach of

fiduciary duty, promissory estoppel, breach of duty of good faith

and fair dealing, constructive fraud, and fraud and negligent

misrepresentation. The case was removed to the United States

District Court on December 5, 1997, on the grounds of diversity of

citizenship. After extensive discovery, LS&Co. filed a motion for

summary judgment in July 1998. While the summary judgment motion

was pending, SAGF filed two motions to amend its complaint, seeking

to add Nora Sierra as a plaintiff and to withdraw all of SAGF’s

claims for breach of contract, promissory estoppel, and negligent

misrepresentation. Shortly thereafter, SAGF filed an opposition to

LS&Co.’s summary judgment motion and the district court granted the

motion seeking leave to amend the original petition. Subsequently,

the district court entered an order granting LS&Co.’s motion for

summary judgment as to all claims of the parties remaining in the

case. SAGF and Nora Sierra timely appealed.

We have carefully reviewed the briefs and the record excerpts

and relevant portions of the record itself. For the reasons stated
g:\opin\98-50894.opn 3

by the district court in its Order filed August 17, 1998, we AFFIRM

the grant of summary judgment in favor of LS&Co.

AFFIRMED.
When you are concerned about 

a student, remember you are not 

alone. You have a team of school 

professionals to support you.

Student assistance professionals are there to help when 

something is going on with a student. They will work with you, 

the student, and the student’s family to develop a complete 

picture of what’s going on and engage resources to help.

www.underagedrinking.samhsa.gov

#TalkTheyHearYou PEP20-03-01-075
EX-10.42



 EXHIBIT 10.42 

SUMMARY OF ATHERSYS, INC. 
 2016
CASH BONUS INCENTIVE PLAN 
 On January 7, 2016 and March 7, 2016, the Board of Directors of Athersys, Inc. (the “Company”), upon the
recommendation of the Compensation Committee of the Board of Directors of the Company, approved a cash bonus incentive plan (the “Plan”) for the year ended December 31, 2016 for the named executive officers of the Company. The Plan
provides that each participant is eligible to earn a bonus during the award term of January 1, 2016 through December 31, 2016. The Plan provides for the following target bonus percentages of the named executive officer’s salary during
the award term, weighted as set forth below on the achievement of specified corporate goals, with the remainder based on individual/functional performance. The corporate goals include advancing the Company’s clinical programs for MultiStem,
executing against the established operating plan and capital acquisition objectives, and advancement of strategic partnership and program activities. There is no formally adopted plan document for the Plan. 

 

									
	 Title
	  	Target
Bonus	 	 	Weighting on
Corporate Goals	 
	 Chief Executive Officer
	  	 	60	% 	 	 	100	% 
	 President & Chief Operating Officer
	  	 	45	% 	 	 	80	% 
	 Executive Vice President & Chief Scientific Officer
	  	 	45	% 	 	 	80	% 
	 Senior Vice President of Finance
	  	 	35	% 	 	 	60	%