alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 99.2
 DIAMOND RESORTS CORPORATION
 OFFER TO EXCHANGE
 $425,000,000 AGGREGATE PRINCIPAL AMOUNT OF ITS 12% SENIOR SECURED NOTES DUE 2018,
WHICH HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, FOR ANY
AND ALL OF ITS OUTSTANDING 12% SENIOR SECURED NOTES DUE 2018
  To Brokers, Dealers, Commercial Banks,
 Trust Companies and other Nominees:
  WE URGE YOU TO PROMPTLY CONTACT YOUR CLIENTS FOR WHOM YOU HOLD OUTSTANDING NOTES REGISTERED IN
YOUR NAME OR IN THE NAME OF YOUR NOMINEE. PLEASE BRING THE EXCHANGE OFFER TO THEIR ATTENTION AS
PROMPTLY AS POSSIBLE.
  1.
    
    The Prospectus;2.
    
    The Letter of Transmittal (which includes certain representations and warranties that holders of the Outstanding
Notes will be required to make in connection with the Exchange Offer) for your use in connection with the tender of
Outstanding Notes and for the information of your clients, including a Substitute Form
W-9 and Guidelines for Certification of Taxpayer Identification Number on Substitute
Form W-9 (providing information relating to U.S. federal income tax backup withholding);3.
    
    A form of Notice of Guaranteed Delivery; and4.
    
    A form of letter, including a letter of instructions to a registered holder from
a beneficial owner, which you may use to correspond with your clients for whose accounts
you hold Outstanding Notes that are registered in your name or the name of your nominee,
with space provided for obtaining such clients instructions regarding the Exchange
Offer.




---



##### 



2
I 

116TH CONGRESS 

2D SESSION H. R. 5657 

To direct the Secretary of Defense to revise and update the Department 

of Defense regulations to allow trademarks owned or controlled by the 

Department of Defense to be combined with religious insignia on commercial identification tags (commonly known as ‘‘dog tags’’) and to 

be sold by lawful trademark licensees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 17, 2020 

Mr. STEUBE (for himself, Mr. HUDSON, Mr. SPANO, Mr. WALBERG, Mr. 

ABRAHAM, and Mr. HUIZENGA) introduced the following bill; which was 

referred to the Committee on Armed Services 

A BILL 

To direct the Secretary of Defense to revise and update 

the Department of Defense regulations to allow trademarks owned or controlled by the Department of Defense 

to be combined with religious insignia on commercial 

identification tags (commonly known as ‘‘dog tags’’) and 

to be sold by lawful trademark licensees, and for other 

purposes. 

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

2 

•HR 5657 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Religious Insignia on 

3 Dog Tags Act’’. 

4 SEC. 2. RELIGIOUS INSIGNIA ON COMMERCIAL IDENTIFICA5 TION TAGS. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of the enactment of this Act, the Secretary of Defense 

8 shall review and update Department of Defense Directive 

9 5535.12 and any associated regulations to allow trade10 marks owned or controlled by the Department of Defense 

11 to be combined with religious insignia on commercial iden12 tification tags (commonly known as ‘‘dog tags’’) and to 

13 be sold by lawful trademark licensees. 

14 (b) RETROACTIVE EFFECTIVE DATE.—The update to 

15 the Directive under subsection (a) shall be deemed to have 

16 taken effect on September 13, 2013. 

Æ
### Part C—National Center for Education Statistics

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this part were contained in chapter 71 (§9001 et seq.) of this title prior to repeal by Pub. L. 107–279, title IV, §403(1), Nov. 5, 2002, 116 Stat. 1985.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY ELEV

 360.03

 360.03

 360.00

 360.03

 360.00

 360.00

 360.00

 360.03

 360.00

 360.03

 360.00

 360.00

 360.00

 360.00

 360.22

 360.35

 360.49

 360.60

 360.63

 360.63

 360.74

 360.74

 360.74

 360.60

 360.60

 360.60

 360.49

 360.35

 360.19

 359.97

 360.00

 539

 539

 537

 539

 537

 537

 537

 539

 537

 539

 537

 537

 537

 537

 552

 562

 571

 579

 581

 581

 589

 589

 589

 579

 579

 579

 571

 562

 550

 535

 537

STORAGE

+0

+0

-2

+2

-2

+0

+0

+2

-2

+2

-2

+0

+0

+0

+15

+10

+9

+8

+2

+0

+8

+0

+0

-10

+0

+0

-8

-9

-12

-15

+2

CHANGE

 327

 339

 332

 331

 331

 314

 282

 241

 220

 220

 184

 125

 3

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 205

 203

 208

 203

 206

 205

 200

 201

 205

 204

 203

 206

 204

 203

 380

 666

 920

 1,175

 1,253

 1,253

 1,421

 1,500

 1,503

 1,366

 1,256

 1,240

 1,105

 846

 601

 326

 210

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

OAKDALE IRRIGATION DISTRICT

SOUTH SAN JOAQUIN IRRIGATION DISTRICT

TRI DAMS PROJECT-CALIFORNIA

OCTOBER 2010 GOODWIN RESERVOIR DAILY OPERATIONS RUN DATE: November 1, 2010

RES.

ACRE-FEET

RELEASE - C.F.S. 

TOTALS -2 0 19,877 3,249

ACRE-FEET -2 0 39,426 6,444

SUMMARY

RELEASE (ACRE-FEET)

JOINT MAIN CANAL 5,578

SOUTH MAIN CANAL 6,444

 51,448

 539

OUTLET 0

TOTAL 

TULLOCH

RELEASE

 864

 892

 860

 836

 893

 878

 801

 724

 663

 615

 549

 485

 388

 374

 487

 724

 954

 1,196

 1,269

 1,268

 1,427

 1,489

 1,482

 1,355

 1,263

 1,260

 1,091

 799

 560

 308

 207

 26,961

 53,477

JOINT MAIN OPERATED BY SSJID AND OID.

SOUTH MAIN OPERATED BY OID.

JOINT

MAIN

SOUTH

MAIN

SPILL 39,426

 203

 269

 266

 271

 250

 246

 240

 221

 176

 125

 121

 81

 57

 38

 10

 9

 13

 16

 16

 17

 16

 17

 17

 17

 17

 17

 17

 14

 11

 12

 12

 2,812

 5,578

RIVER CANALS
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk February 1, 2012

p0125 

# Order

February 1, 2012

143618

LINDA LOIS SMITH, Plaintiff-Appellant,

v SC: 143618 COA: 295243 Grd Traverse CC: 09-027049-DO STANLEY ALLAN SMITH, Defendant-Appellee.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the May 26, 2011 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented shou ld be reviewed by this Court.

M ARILYN 

### K ELLY



### , J., would grant leave to appeal.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 3,463.25

 3,463.37

 3,463.43

 3,463.51

 3,463.62

 3,463.75

 3,463.86

 3,463.94

 3,464.00

 3,464.06

 3,464.13

 3,464.30

 3,464.36

 3,464.43

 3,464.55

 3,464.67

 3,464.79

 3,464.91

 3,465.23

 3,465.55

 3,466.00

 3,466.28

 3,466.71

 3,467.01

 3,467.38

 3,467.69

 3,467.99

 3,468.31

 3,468.52

 3,468.74

 36,188

 36,260

 36,297

 36,345

 36,412

 36,491

 36,557

 36,606

 36,642

 36,679

 36,721

 36,825

 36,862

 36,905

 36,978

 37,051

 37,125

 37,198

 37,395

 37,592

 37,870

 38,044

 38,312

 38,498

 38,730

 38,925

 39,113

 39,315

 39,448

 39,587

STORAGE

+110

+72

+37

+48

+67

+79

+66

+49

+36

+37

+42

+104

+37

+43

+73

+73

+74

+73

+197

+197

+278

+174

+268

+186

+232

+195

+188

+202

+133

+139

CHANGE

78.6

63.4

45.5

47.6

61.9

67.4

54.3

43.7

42.1

44.7

44.2

72.7

37.8

39.4

59.4

57.6

58.1

56.7

118.7

114.3

153.2

103.2

153.6

115.4

136.4

119.4

117.9

127.5

90.8

89.0

INFLOW

 20

 24

 25

 21

 26

 25

 20

 18

 23

 25

 22

 19

 17

 16

 20

 18

 18

 17

 17

 14

 12

 14

 16

 19

 16

 17

 19

 22

 20

 16

CONDUIT

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

 .0

SPILL

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

 1.0

PK CR

 2.1

 2.1

 0.8

 1.4

 1.1

 1.6

 0.0

 0.0

 0.0

 0.0

 0.0

 0.3

 1.1

 0.7

 1.6

 1.8

 1.8

 1.9

 1.4

 0.0

 0.0

 0.5

 1.5

 1.6

 2.4

 3.1

 3.1

 2.7

 2.7

 1.9

C.F.S.

 .105

 .108

 .040

 .069

 .055

 .083

 .000

 .000

 .000

 .000

 .000

 .013

 .057

 .036

 .080

 .092

 .090

 .095

 .070

 .000

 .000

 .025

 .072

 .080

 .117

 .150

 .150

 .132

 .130

 .090

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 1.19

 .58

 .10

 .00

 .01

 .99

 .00

 .00

 .00

 .00

 .00

 .00

 1.27

 1.36

 .81

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

APRIL 2001 JENKINSON LAKE DAILY OPERATIONS RUN DATE: 05/16/2001

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S. 

TOTALS +3,509 2,414.5 576 30.0 0.0 39.2 1.939 6.31

ACRE-FEET +3,509 4,789.2 1,142 59.5 0.0 77.8

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

DATA BASED ON 24 HOUR PERIOD ENDING 0800.

SUMMARY

RELEASE (ACRE-FEET)

CAMINO-CONDUIT 1,142.5

SLY PARK CREEK

SPILL

 59.5

 0.0

 714.1

PRECIPITATION

THIS MONTH =

JULY 1, 2000 TO DATE = 35.66

 36,078

 428.4 6.31

CAMINO SLY

CAMP

CREEK

C.F.S.

 77

 74

 59

 52

 45

 41

 45

 38

 34

 34

 33

 34

 35

 36

 39

 44

 52

 57

 91

 105

 96

 101

 104

 109

 120

 128

 127

 119

 101

 98

 2,128

 4,221

E.I.D. PROJECT

E.I.D. WATER RIGHTS
Exhibit 10.6

TRADEMARK LICENSE AMENDMENT AND EXTENSION AGREEMENT

This Amendment and Extension Agreement dated as of August 28, 2003 is by and between Hallmark Licensing, Inc. ("Hallmark Licensing") and Crown Media
United States, LLC ("Crown US").

WHEREAS,
Crown US and Hallmark Licensing have previously entered into that certain Amended and Restated Trademark License Agreement between the parties dated as of March 17, 2001
as extended on November 30, 2002 (the "License Agreement"); and

WHEREAS,
the parties desire to amend and further extend the term of the License Agreement;

NOW,
THEREFORE, Crown US and Hallmark Licensing hereby agree as follows:



IN
WITNESS WHEREOF, the parties hereto have executed this Extension Agreement as of the date set forth above.

|HALLMARK LICENSING, INC.       |  |                   
|------------------------------ |  | ------------------
|By:                            |  | /s/JUDITH WHITAKER
|Title:                         |  | Vice President    
|CROWN MEDIA UNITED STATES, LLC |  |                   
|By:                            |  | /s/C. STANFORD    
|Title:                         |  | Vice President    

---

QuickLinks
<TABLE> <S> <C>


<ARTICLE>                                5
<LEGEND>

THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
REGISTRANT'S  FORM  10-QSB  FOR THE  QUARTER  ENDED  DECEMBER  31,  1999  AND IS
QUALIFIED IN ITS ENTIRETY TO SUCH FORM 10-QSB.
</LEGEND>

<S>                                                     <C>
<PERIOD-TYPE>                                          9-MOS
<FISCAL-YEAR-END>                                   Mar-31-2000
<PERIOD-START>                                      Apr-01-1999
<PERIOD-END>                                        Dec-31-1999
<CASH>                                                  88,740
<SECURITIES>                                                 0
<RECEIVABLES>                                                0
<ALLOWANCES>                                                 0
<INVENTORY>                                                  0
<CURRENT-ASSETS>                                        88,740
<PP&E>                                                   3,572
<DEPRECIATION>                                          (2,944)
<TOTAL-ASSETS>                                          89,368
<CURRENT-LIABILITIES>                                        0
<BONDS>                                                      0
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                  0
<COMMON>                                                17,888
<OTHER-SE>                                              71,480
<TOTAL-LIABILITY-AND-EQUITY>                            89,368
<SALES>                                                      0
<TOTAL-REVENUES>                                         3,098
<CGS>                                                        0
<TOTAL-COSTS>                                                0
<OTHER-EXPENSES>                                         9,468
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                           0
<INCOME-PRETAX>                                         (6,370)
<INCOME-TAX>                                                 0
<INCOME-CONTINUING>                                     (6,370)
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                            (6,370)
<EPS-BASIC>                                                0
<EPS-DILUTED>                                                0



</TABLE>
*

 Judge of the United States Court of International Trade, sitting by designation.

** 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.

1

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-31352

ANTONIO BOSLEY,

Petitioner - Appellee,

versus

BURL CAIN, WARDEN, Louisiana State Penitentiary,

Respondent - Appellant,

JERRY JONES, District Attorney,

 

Appellant. 

 

Appeal from the United States District Court

for the Western District of Louisiana

(99-CV-827)

 October 1, 2002

Before GARWOOD and CLEMENT, Circuit Judges, and RESTANI, Judge.*

PER CURIAM:**

We find that the district court erred in its determination that Antonio Bosley’s discrimination
2

claim was not procedurally barred. The Louisiana Second Circuit Court of Appeal clearly found that

Bosley had procedurally defaulted this claim by failing to file a pre-trial motion to quash his

indictment as required under Louisiana law. Because a federal court reviewing a state prisoner’s

habeas petition must respect the state court’s determination that a claim is procedurally barred

pursuant to state law, Williams v. Cain, 125 F.3d 269, 275 (5th Cir. 1997) (citing Wainwright v.

Sykes, 433 U.S. 72, 90-91 (1977)), the judgment of the district court is REVERSED and the case

REMANDED for further proceedings consistent with this opinion.
Electrical Conductivity, UMHOS

Day High Low Mean 14 DAY ACCUM MEAN 14 DAY AVG MEAN

1 6,003 530 2,738 41,488 2,963

2 5,988 760 2,811 41,248 2,946

3 5,722 648 2,730 41,506 2,965

4 3,783 539 1,876 41,376 2,955

5 3,514 578 1,575 40,951 2,925

6 3,314 589 1,409 39,993 2,857

7 3,526 527 1,183 38,141 2,724

8 3,759 415 1,183 35,859 2,561

9 4,503 532 1,445 33,490 2,392

10 4,902 414 1,711 31,412 2,244

11 5,527 490 2,115 29,978 2,141

12 7,086 512 2,795 29,549 2,111

13 7,735 650 3,162 29,671 2,119

14 6,810 544 2,743 29,476 2,105

15 5,845 444 2,465 29,203 2,086

16 4,853 593 2,128 28,520 2,037

17 4,874 549 2,105 27,895 1,993

18 3,948 474 1,845 27,864 1,990

19 3,722 524 1,447 27,736 1,981

20 3,231 506 1,239 27,566 1,969

21 4,033 456 1,372 27,755 1,983

22 4,269 446 1,470 28,042 2,003

23 4,491 385 1,672 28,269 2,019

24 4,275 450 2,063 28,621 2,044

25 5,893 452 2,382 28,888 2,063

26 6,233 481 2,502 28,595 2,043

27 5,734 499 2,538 27,971 1,998

28 5,781 457 2,413 27,641 1,974

29 5,610 499 2,337 27,513 1,965

30 5,624 550 2,662 28,047 2,003

31 4,455 428 2,016 27,958 1,997

COMMENT(S):

0 reading indicates that the station was out of service.

Historical Archive and Report Database

Emmaton Bottom On The Sacramento River

Period: July 2022 Run Date: 11/22/2022
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 360.01

 360.02

 360.01

 360.02

 360.02

 360.01

 359.99

 359.99

 360.01

 359.99

 360.01

 360.01

 359.99

 359.99

 359.99

 359.99

 359.98

 359.98

 359.99

 359.99

 359.98

 359.98

 359.98

 359.98

 359.98

 359.98

 359.99

 359.98

 359.98

 359.99

 538

 538

 538

 538

 538

 538

 536

 536

 538

 536

 538

 538

 536

 536

 536

 536

 536

 536

 536

 536

 536

 536

 536

 536

 536

 536

 536

 536

 536

 536

STORAGE

+0

+0

+0

+0

+0

+0

-2

+0

+2

-2

+2

+0

-2

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

CHANGE

 349

 319

 306

 331

 340

 340

 340

 340

 330

 296

 286

 296

 296

 282

 261

 240

 237

 211

 224

 251

 231

 180

 180

 180

 197

 214

 226

 226

 226

 170

 403

 404

 402

 401

 403

 402

 402

 401

 400

 404

 402

 403

 402

 401

 401

 403

 402

 402

 404

 400

 403

 401

 401

 403

 400

 401

 407

 402

 400

 400

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

OAKDALE IRRIGATION DISTRICT

SOUTH SAN JOAQUIN IRRIGATION DISTRICT

TRI DAMS PROJECT-CALIFORNIA

SEPTEMBER 2019 GOODWIN RESERVOIR DAILY OPERATIONS RUN DATE: October 1, 2019

RES.

ACRE-FEET

RELEASE - C.F.S. 

TOTALS -2 0 12,060 7,905

ACRE-FEET -2 0 23,921 15,680

SUMMARY

RELEASE (ACRE-FEET)

JOINT MAIN CANAL 44,992

SOUTH MAIN CANAL 15,680

 84,593

 538

OUTLET 0

TOTAL 

TULLOCH

RELEASE

 1,811

 1,699

 1,660

 1,741

 1,752

 1,731

 1,740

 1,719

 1,683

 1,660

 1,567

 1,513

 1,493

 1,442

 1,441

 1,356

 1,287

 1,247

 1,241

 1,292

 1,300

 1,235

 1,207

 1,246

 1,300

 1,318

 1,347

 1,326

 1,292

 1,182

 43,828

 86,933

JOINT MAIN OPERATED BY SSJID AND OID.

JOINT

MAIN

SOUTH

MAIN

SPILL 23,921

 1,001

 931

 903

 933

 914

 912

 950

 950

 915

 886

 810

 762

 765

 726

 749

 682

 620

 619

 596

 616

 636

 630

 587

 621

 629

 623

 692

 730

 708

 587

 22,683

 44,992

RIVER CANALS
###### Editorial Note on Part 26

#### Editorial Note:

Nomenclature changes to part 26 appear by T.D. ATF-451, 66 FR 21668, 21669, May 1, 2001.

#### § 26.305 Receipt by consignee.

Proprietors of distilled spirits plants who receive Virgin Islands spirits under this subpart shall follow the requirements in 27 CFR part 19 for spirits received by transfer in bond. However, proprietors are not required to file application on TTB Form 5100.16 to receive Virgin Islands spirits from customs custody.

[T.D. ATF-198, 50 FR 8555, Mar. 1, 1985]
###### Editorial Note on Part 40

#### Editorial Note:

Nomenclature changes to part 40 appear by T.D. ATF-460, 66 FR 39094-39096, July 27, 2001; T.D. ATF-464, 66 FR 43479, Aug. 20, 2001; and T.D. TTB-91, 76 FR 5479, Feb. 1, 2011.

#### § 40.353 Persons liable for tax.

The manufacturer of cigarette papers and tubes shall be liable for the taxes imposed on such articles by 26 U.S.C. 5701. When a manufacturer of cigarette papers and tubes transfers such papers and tubes without payment of tax, pursuant to 26 U.S.C. 5704 to the bonded premises of another such manufacturer, a manufacturer of tobacco products, or an export warehouse proprietor, the transferee shall become liable for the tax upon receipt of such papers and tubes and the transferor shall thereupon be relieved of liability for the tax. When cigarette papers and tubes are released in bond from customs custody for transfer to the bonded premises of a manufacturer of such papers and tubes or a manufacturer of tobacco products, the transferee shall become liable for the tax on the papers and tubes upon release from customs custody. Any person who possesses cigarette papers and tubes in violation of 26 U.S.C. 5751(a) (1) or (2), shall be liable for a tax equal to the rate of tax applicable to such articles.

(72 Stat. 1417, 1424; 26 U.S.C. 5703, 5751)
### SUBCHAPTER IV—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH DISABILITIES
§ 668.404 Calculating earnings premium measure. ( a ) *General.* Except as provided under paragraph (d) of this section, for each award year, the Secretary calculates the earnings premium measure for a program by determining whether the median annual earnings of the students who completed the program exceed the earnings threshold.
( b ) *Median annual earnings; earnings threshold.* ( 1 ) The Secretary obtains from a Federal agency with earnings data, under § 668.405, the most currently available median annual earnings of the students who completed the program during the cohort period and who are not excluded under paragraph (c) of this section; and
( 2 ) The Secretary uses the median annual earnings of students with a high school diploma or GED using data from the Census Bureau to calculate the earnings threshold described in § 668.2.
( 3 ) The Secretary determines the earnings thresholds and publishes the thresholds annually through a notice in the Federal Register.
( c ) *Exclusions.* The Secretary excludes a student from the earnings premium measure calculation if the Secretary determines that— ( 1 ) One or more of the student's Direct Loan Program loans are under consideration by the Secretary, or have been approved, for a discharge on the basis of the student's total and permanent disability, under 34 CFR 674.61, 682.402, or 685.212;
( 2 ) The student was enrolled full-time in any other eligible program at the institution or at another institution during the calendar year for which the Secretary obtains earnings information under paragraph (b)(1) of this section;
( 3 ) For undergraduate programs, the student completed a higher credentialed undergraduate program at the institution subsequent to completing the program as of the end of the most recently completed award year prior to the calculation of the earnings premium measure under this section;
( 4 ) For graduate programs, the student completed a higher credentialed graduate program at the institution subsequent to completing the program as of the end of the most recently completed award year prior to the calculation of the earnings premium measure under this section;
( 5 ) The student is enrolled in an approved prison education program;
( 6 ) The student is enrolled in a comprehensive transition and postsecondary program; or
( 7 ) The student died.
( d ) *Earnings premium measures not issued.* The Secretary does not issue the earnings premium measure for a program under § 668.406 if— ( 1 ) After applying the exclusions in paragraph (c) of this section, fewer than 30 students completed the program during the two-year or four-year cohort period; or
( 2 ) The Federal agency with earnings data does not provide the median earnings for the program as provided under paragraph (b) of this section.