alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                    EXHIBIT 10.5

                               FIRST AMENDMENT TO
                               QUANEX CORPORATION
                           DEFERRED COMPENSATION PLAN



         THIS AGREEMENT by Quanex Corporation (the "Company"),

                              W I T N E S S E T H:

         WHEREAS, on September 29, 1999, the Company executed the Plan known as
"Quanex Corporation Deferred Compensation Plan" (the "Plan"); and

         WHEREAS, the Company retained the right in Section 9.1 of the Plan to
amend the Plan from time to time; and

         WHEREAS, the Board of Directors of the Company approved resolutions on
the 7th day of December, 1999, to amend the Plan;

         NOW, THEREFORE, the Company agrees that, effective as of December 7,
1999, Section 3.3 of the Plan is amended in its entirety to read as follows:

                  3.3 MANDATORY DEFERRAL. If (1) a Participant becomes entitled
         to a cash payment of part or all of an Incentive Bonus because the
         Participant did not elect to defer all of the Incentive Bonus, (2) the
         Company determines that section 162(m) of the Code may not allow the
         Company to take a deduction for part or all of the Incentive Bonus and,
         (3) effective June 1, 1999, a Change of Control has not occurred, then,
         the payment of the amount of the Incentive Bonus that is not deductible
         by the Company will be delayed and deferred under the provisions of the
         Plan until the 76th day following the end of the Plan Year in which the
         Incentive Bonus was earned, on which date the total Incentive Bonus
         will be paid immediately. The Committee may waive the mandatory
         deferral required by this Section 3.3 with respect to a Participant who
         is not a member of the Committee but such waiver shall only be made on
         an individual basis and at the time the Incentive Bonus is determined
         and awarded.




<PAGE>   2


         IN WITNESS WHEREOF, the Company has executed this Agreement this 7th
day of December, 1999.


                                                     QUANEX CORPORATION



                                                     By /s/ PAUL GIDDENS
                                                       -------------------------
                                                     Title  Vice President
                                                            Human Resources
                                                          ----------------------





                                       -2-
<PAGE>
                                                                      EXHIBIT 23




                            HENRY L. CREEL CO., INC.
                           Certified Public Accountant
                                 (216) 491-0800
                               FAX (216) 491-0803


December 12, 2001


To Whom It May Concern:

The firm of Henry L. Creel Co., Inc., Certified Public Accountant, consents to
the inclusion of its report dated December 12, 2001 on the Financial Statements
of AuGRID of Nevada, Inc. (the "Company") included in Amendment No. 2 to the
Company's report on Form 10-QSB for the fiscal quarter ended March 31, 2001.

Respectfully,

/s/ Henry L. Creel

Henry L. Creel, CPA







                    3587 LEE ROAD   SHAKER HEIGHTS, OHIO 44120
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

Robert Cody Branch, Appellant

No. 06-16-00051-CV v.

Texas Farm Bureau Underwriters, Linda 

Branch, and Security State Bank, N.A., 

Appellees

Appeal from the 71st District Court of 

Harrison County, Texas (Tr. Ct. No. 14-

0632-A). Opinion delivered by Chief 

Justice Morriss, Justice Moseley and Justice 

Burgess participating.

As stated in the Court’s opinion of this date, we find that the appeal should be dismissed 

for want of jurisdiction. Therefore, we dismiss the appeal.

We further order that the appellant, Robert Cody Branch, pay all costs of this appeal.

RENDERED SEPTEMBER 22, 2016

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
### §1174. Penalties

(a) Any person who knowingly violates any provision of this chapter or of any permit or regulation issued thereunder shall, upon conviction, be fined not more than $20,000 for such violation, or imprisoned for not more than one year, or both.

(b) Any person who violates any provision of this chapter or any regulation or permit issued hereunder may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. Hearings held during proceedings for the assessment of civil penalties authorized by this subsection shall be conducted in accordance with section 554 of title 5. The Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. Any civil penalty assessed may be remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty, and such court shall have jurisdiction to hear and decide any such action.

(Pub. L. 89–702, title III, §304, as added Pub. L. 98–129, §2, Oct. 14, 1983, 97 Stat. 845.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to this section were contained in section 1184 of this title, prior to the complete revision of this chapter by Pub. L. 98–129.
### §2802. Definitions

As used in this chapter, unless the context otherwise requires—

(1) The term "aquaculture" means the propagation and rearing of aquatic species in controlled or selected environments, including, but not limited to, ocean ranching (except private ocean ranching of Pacific salmon for profit in those States where such ranching is prohibited by law).

(2) The term "aquaculture facility" means any land, structure, or other appurtenance that is used for aquaculture and is located in any State. Such term includes, but is not limited to, any laboratory, hatchery, rearing pond, raceway, pen, incubator, or other equipment used in aquaculture.

(3) The term "aquatic species" means any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant.

(4) The term "coordinating group" means the interagency aquaculture coordinating group established by section 2805 of this title.

(5) The term "person" means any individual who is a citizen or national of the United States or of any State, any Indian tribe, any institution of higher education, and any corporation, partnership, association or other entity (including, but not limited to, any community development corporation, producer cooperative, or fishermen's cooperative) organized or existing under the laws of any State.

(6) The term "Plan" means the National Aquaculture Development Plan required to be established under section 2803 of this title.

(7) The term "Secretaries" means the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of the Interior.

(8) The term "Secretary" means the Secretary of Agriculture.

(9) The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands of the United States, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, or any other territory or possession of the United States.

(Pub. L. 96–362, §3, Sept. 26, 1980, 94 Stat. 1199; Pub. L. 99–198, title XVII, §1733, Dec. 23, 1985, 99 Stat. 1641.)

#### **Editorial Notes**

#### Amendments

1985—Pars. (8), (9). Pub. L. 99–198 added par. (8) and redesignated former par. (8) as (9).

#### **Executive Documents**

#### Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
### §14a. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, act May 10, 1939, ch. 119, §1, 53 Stat. 729, related to availability of appropriations for printing information and signs.
§ 201.4 Appointment of Special Advocates. ( a ) The Attorney General shall, in consultation with the Secretary of Commerce, the Director of National Intelligence, and the PCLOB, appoint no fewer than two individuals to serve as Special Advocates for two-year renewable terms, choosing individuals who at the time of their initial appointment have not been employees of the executive branch in the previous two years.
( b ) All persons appointed as Special Advocates shall have appropriate experience in the fields of data privacy and national security law, shall be experienced attorneys and active members in good standing of the bar of a State, Commonwealth, Territory, or Possession, or of the District of Columbia, and shall be duly licensed to practice law.
#### § 40.21 Notification of court.

The Attorney General shall notify in writing the Chief Judges of the U.S. Court of Appeals and of the U.S. District Court(s) within whose jurisdiction the applicant is located of the certification, suspension of certification, withdrawal of certification and recertification of the applicant's grievance procedure. The Attorney General shall also notify the court of the certification status of any grievance procedure at the request of the court or any party in an action by an adult inmate pursuant to 42 U.S.C. 1983.
IIA 

116TH CONGRESS 

1ST SESSION S. J. RES. 36 

Providing for congressional disapproval of the proposed transfer to the Kingdom of Saudi Arabia, the United Kingdom of Great Britain and Northern 

Ireland, the Kingdom of Spain, and the Italian Republic of certain 

defense articles and services. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2019 

Mr. MENENDEZ (for himself, Mr. GRAHAM, Mr. MURPHY, Mr. PAUL, Mr. 

LEAHY, Mr. YOUNG, and Mr. REED) introduced the following joint resolution; which was read twice and referred to the Committee on Foreign 

Relations 

JOINT RESOLUTION 

Providing for congressional disapproval of the proposed 

transfer to the Kingdom of Saudi Arabia, the United 

Kingdom of Great Britain and Northern Ireland, the 

Kingdom of Spain, and the Italian Republic of certain 

defense articles and services. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That the issuance of a manufacturing license, technical 

4 assistance license, or export license with respect to any 

5 of the following proposed agreements or transfers to the 

6 Kingdom of Saudi Arabia, the United Kingdom of Great 


SSpencer on DSKBBXCHB2PROD with BILLS
2 

•SJ 36 IS 

1 Britain and Northern Ireland, the Kingdom of Spain, and 

2 the Italian Republic is prohibited: 

3 (1) The transfer of the following defense arti4 cles, including defense services and technical data, 

5 described in Executive Communication 1427 (EC– 

6 1427) submitted to Congress pursuant to sub7 sections (c) and (d) of section 36 of the Arms Ex8 port Control Act (22 U.S.C. 2776) and published in 

9 the Congressional Record on June 3, 2019: 

10 (A) Coproduction and manufacture in 

11 Saudi Arabia of Paveway Pre-Amp Circuit Card 

12 Assemblies (CCA), Guidance Electronics As13 sembly (GEA) CCAs, and Control Actuator 

14 System (CAS) CCAs for all Paveway variants. 

15 (B) Coproduction and manufacture in 

16 Saudi Arabia of Paveway II Guidance Elec17 tronics Detector Assemblies (GEDA) and Com18 puter Control Groups (CCG). 

19 (C) The transfer of up to 64,603 addi20 tional kits, partial kits, and full-up-rounds. 

Æ 


SSpencer on DSKBBXCHB2PROD with BILLS
#### § 701.52 Definitions.

As used in this part the term *Member* means the Secretary of Agriculture, the Secretary of the Army, the Secretary of Commerce, the Secretary of Energy, the Secretary of Housing and Urban Development, the Secretary of the Interior, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency, or Alternate appointed in accordance with § 701.53(a) when the alternate is acting for one of the above-named.
§ 2.31 Parole to detainers: Statement of policy. ( a ) Where a detainer is lodged against a prisoner, the Commission may grant parole if the prisoner in other respects meets the criteria set forth in § 2.18. The presence of a detainer is not in itself a valid reason for the denial of parole.
( b ) The Commission will cooperate in working out arrangements for concurrent supervision with other jurisdictions where it is feasible and where release on parole appears to be justified.
### §398a. Conditions and limitations

The Secretary of the Interior is authorized subject to the following conditions and limitations, to proceed in such manner as he shall find to be necessary in the public interest to consummate the establishment of the Virgin Islands National Park:

(a) The acreage of the national park shall be limited to a total of not more than nine thousand five hundred acres of land area, such total to be comprised of not more than fifteen acres on the island of Saint Thomas, and not more than nine thousand four hundred and eighty-five additional acres to be comprised of portions of the island of Saint John and such small islands, rocks, and cays not in excess of five hundred acres in the general vicinity thereof as may be desirable for inclusion within the park;

(b) Tentative exterior boundary lines, to include land not in excess of the aforesaid acreage limitations, may be selected for the park in order to establish the particular areas in which land may be acquired pursuant to this section and section 398 of this title, such tentative boundaries to be selected and adjusted as may be necessary by the Secretary of the Interior;

(c) The Secretary, on behalf of the United States, is authorized to accept donations of real and personal property within the areas selected for the park until such time as the aforesaid total of nine thousand five hundred acres shall have been acquired for the park by the United States, and he may also accept donations of funds for the purposes of this section and section 398 of this title. Notwithstanding the acreage limitations and boundary designations contained in this section, the Secretary is authorized to accept through donation, or purchase from a willing seller, the real and personal property located on Lots 251–252 Estate Contant Enighed, Parcels 86B and 86AA Cruz Bay Quarter;

(d) Any Federal properties situated within the areas selected for the park, upon agreement by the particular agency administering such properties that such properties should be made available for the park, may be transferred without further authorization to the Secretary by such agency for purposes of this section and section 398 of this title;

(e) Establishment of the Virgin Islands National Park, in its initial phase, shall be and is declared to be accomplished and effective for purposes of administration when a minimum acreage of not less than five thousand acres in Federal ownership for purposes of this section and section 398 of this title shall have been acquired by the United States in specific areas containing such acquired lands to be designated by the Secretary; and

(f) Notice of the establishment of the park as authorized and prescribed by this section and section 398 of this title shall be published in the Federal Register.

(Aug. 2, 1956, ch. 885, §2, 70 Stat. 940; Pub. L. 95–348, §7(b)(6), Aug. 18, 1978, 92 Stat. 495.)

#### **Editorial Notes**

#### Amendments

1978—Subsec. (c). Pub. L. 95–348 inserted provisions relating to acceptance through donation or purchase of the real and personal property located on Lots 251–252 Estate Contant Enighed.
#### §§ 39.131-39.139 [Reserved]
§ 17.1 Purpose. The purpose of this part is to ensure that information within the Department of Justice (the “Department”) relating to the national security is classified, protected, and declassified pursuant to the provisions of Executive Orders 12958 (3 CFR, 1995 Comp., p. 333) and 12968 (3 CFR, 1995 Comp., p. 391) and implementing directives from the Information Security Oversight Office of the National Archives and Records Administration (“ISOO”). Executive Orders 12958 and 12968 made numerous substantive changes in the system of classification, declassification, and downgrading of classified National Security Information and the criteria for access to this information. Accordingly, this part is a revision of the Department's classified information security rules. ( a ) Subpart A of this part prescribes the implementation of Executive Orders 12958 and 12968 within the Department through the Assistant Attorney General for Administration, as the senior responsible agency official. Subpart A of this part also provides for certain relationships within the Department between the Assistant Attorney General for Administration, other component heads, and the National Security Division.
( b ) Subpart B of this part prescribes an orderly and progressive system for ensuring that every necessary safeguard and procedure is in place to assure that information is properly classified and that classified information is protected from unauthorized disclosure. Subpart B of this part requires original classification authorities to make classification decisions based on specific criteria; provides that most newly created classified information be considered for declassification after 10 years; provides that historically valuable information that is more than 25 years old (including information classified under prior Executive Orders) be automatically declassified, with appropriate exceptions; and establishes procedures for authorized holders of classified information to challenge the classification of information.
( c ) Subpart C of this part establishes substantive standards and procedures for granting, denying, and revoking, and for appealing decisions to deny access to classified information with an emphasis on ensuring the consistent, cost-effective, and efficient protection of classified information. Subpart C of this part provides a process that is fair and equitable to those with whom classified information is entrusted and, at the same time, assures the security of the classified information.
[Order No. 2091-97, 62 FR 36984, July 10, 1997, as amended by Order No. 2865-2007, 72 FR 10069, Mar. 7, 2007]
### §1308. Advisory Board; appointment; functions; membership; reimbursement for expenses

The Secretary may, without regard to the civil service laws, appoint an Advisory Board to advise and consult on matters relating to his functions under this chapter as he deems appropriate. The Board shall consist of persons chosen from members of organizations such as wildlife organizations, land-grant colleges, farm organizations, State game and fish departments, soil and water conservation district associations, water management organizations, and representatives of the general public. Members of such an Advisory Board who are not regular full-time employees of the United States shall be entitled to reimbursement on an actual expense basis for attendance at Advisory Board meetings.

(Pub. L. 91–559, §9, Dec. 19, 1970, 84 Stat. 1471.)

#### **Statutory Notes and Related Subsidiaries**

#### Termination of Advisory Boards

Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
§ 37.1 Purpose and application. ( a ) This part establishes the procedures to be followed by the Federal agencies responsible for processing and resolving complaints or charges of employment discrimination filed against recipients of Federal financial assistance when jurisdiction exists under both section 504 and title I.
( b ) This part also repeats the provisions established by 28 CFR 35.171 for determining which Federal agency shall process and resolve complaints or charges of employment discrimination: ( 1 ) That fall within the overlapping jurisdiction of titles I and II (but are not covered by section 504); and
( 2 ) That are covered by title II, but not title I (whether or not they are also covered by section 504).
( c ) This part also describes the procedures to be followed when a complaint or charge arising solely under section 504 or title I is filed with a section 504 agency or the EEOC.
( d ) This part does not apply to complaints or charges against Federal contractors under section 503 of the Rehabilitation Act.
( e ) This part does not create rights in any person or confer agency jurisdiction not created or conferred by the ADA or section 504 over any complaint or charge.
* Pursuant to Local Rule 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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-40007

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FLORENCIO URIBE-RAMOS,

Defendant-Appellant.

----------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. M-97-CR-196-1

----------

August 7, 1998

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

Per Curiam*

Court-appointed counsel for Florencio Uribe-Ramos has filed a

motion to withdraw and a brief as required by Anders v. California,

386 U.S. 738 (1967). Uribe-Ramos has not responded. 

Our independent review of the brief and record discloses no

nonfrivolous issue. Accordingly, counsel is excused from further

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR.

R. 42.2.