alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Roy Lee RUSSELL, Petitioner-Appellant, v. Constance REESE, Respondent-Appellee.

No. 04-41242.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 23, 2006.

Roy L. Russell, Federal Correctional Institution Oxford, Oxford, WI, pro se.

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Roy Lee Russell, federal prisoner # 21767-009, appeals the dismissal of his 28 U.S.C. § 2241 petition challenging the 110-month sentence imposed following his jury trial conviction for obstruction of justice and perjury. Russell argues that his sentence was unconstitutional in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) and *Blakely v. Washington,*542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) because it was based on drug quantities not determined by the jury. He contends that he is entitled to seek relief under § 2241 because 28 U.S.C. § 2255 offers an inadequate remedy.

Because Russell’s petition challenges errors that occurred at sentencing, the claim may not be brought in a § 2241 petition. *See Padilla v. United States,*416 F.3d 424, 426-27 (5th Cir.2005). Russell’s argument *635that he is entitled to proceed under § 2241 based on the savings clause of § 2255 because relief under that section is “inadequate or ineffective” is unavailing. *Id.*at 427. The district court’s judgment is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
<TABLE> <S> <C>

<ARTICLE>           5
       
<S>                 <C>
<PERIOD-TYPE>       9-MOS
<FISCAL-YEAR-END>   DEC-31-1996
<PERIOD-END>        SEP-30-1996
<CASH>   744,778
<SECURITIES>   947,593   <F1>
<RECEIVABLES>   139,763
<ALLOWANCES>   0
<INVENTORY>   0
<CURRENT-ASSETS>   0
<PP&E>   19,709,312  <F2>
<DEPRECIATION>   4,751,229
<TOTAL-ASSETS>   16,972,590
<CURRENT-LIABILITIES>    0
<BONDS>   11,763,516   <F3>
<PREFERRED-MANDATORY>    0
<PREFERRED>    0
<COMMON>   4,371,449   <F4>
<OTHER-SE>    0
<TOTAL-LIABILITY-AND-EQUITY>   16,972,590
<SALES>    0
<TOTAL-REVENUES>   1,588,517  <F5>
<CGS>    0
<TOTAL-COSTS>   1,664,393   <F6>
<OTHER-EXPENSES>   (62,319)   <F7>
<LOSS-PROVISION>    0
<INTEREST-EXPENSE>   736,621
<INCOME-PRETAX>    0
<INCOME-TAX>    0
<INCOME-CONTINUING>    0
<DISCONTINUED>    0
<EXTRAORDINARY>    0
<CHANGES>    0
<NET-INCOME>   (13,557)
<EPS-PRIMARY>    0
<EPS-DILUTED>    0

<FN>
<F1>   "SECURITIES" REPRESENTS INVESTMENT IN JOINT VENTURE
<F2>   "PP&E" REPRESENTS INVESTMENT IN REAL ESTATE [LAND AND
BUILDING]
<F3>   "BONDS" REPRESENTS MORTGAGES PAYABLE
<F4>   "COMMON" REPRESENTS TOTAL PARTNERS' CAPITAL
<F5>   "TOTAL REVENUES" REPRESENTS RENTAL, INTEREST, AND OTHER
INCOME
<F6>   "TOTAL COSTS" REPRESENTS TOTAL EXPENSES
<F7>   "OTHER EXPENSES" REPRESENTS EQUITY AND MINORITY INTEREST
IN JOINT VENTURES' NET (INCOME)/LOSS
</FN>
        

</TABLE>
§ 641.850 Are there other specific allowable and unallowable cost requirements for the SCSEP? ( a ) Yes, in addition to the generally applicable cost principles in § 641.847(b), the cost principles in paragraphs (b) through (g) of this section apply to SCSEP grants.
( b ) *Claims against the Government.* For all types of entities, legal expenses for the prosecution of claims against the Federal Government, including appeals to an Administrative Law Judge, are unallowable.
( c ) *Lobbying costs.* In addition to the prohibition contained in 29 CFR part 93, SCSEP funds must not be used to pay any salaries or expenses related to any activity designed to influence legislation or appropriations pending before the Congress of the United States or any State legislature. (See § 641.824).
( d ) *One-Stop costs.* Costs of participating as a required partner in the One-Stop delivery system established in accordance with sec. 121(e) of WIOA are allowable, provided that SCSEP services and funding are provided in accordance with the MOU required by WIOA and OAA sec. 502(b)(1)(O), and costs are determined in accordance with the applicable cost principles. The costs of services provided by the SCSEP, including those provided by participants/enrollees, may comprise a portion or the total of a SCSEP project's proportionate share of One-Stop costs.
( e ) *Building repairs and acquisition costs.* Except as provided in this paragraph and as an exception to the allowable cost principles in § 641.847(b), no SCSEP funds may be used for the purchase, construction, or renovation of any building except for the labor involved in: ( 1 ) Minor remodeling of a public building necessary to make it suitable for use for project purposes;
( 2 ) Minor repair and rehabilitation of publicly used facilities for the general benefit of the community; and
( 3 ) Repair and rehabilitation by participants of housing occupied by persons with low incomes who are declared eligible for such services by authorized local agencies.
( f ) *Accessibility and reasonable accommodation.* Recipients and sub-recipients may use SCSEP funds to meet their obligations under § 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as amended, and any other applicable Federal disability nondiscrimination laws, to provide physical and programmatic accessibility and reasonable accommodation/modifications for, and effective communications with, individuals with disabilities. (29 U.S.C. 794).
( g ) *Participants' benefit costs.* Recipients and sub-recipients may use SCSEP funds for participant benefit costs only under the conditions set forth in § 641.565.
[75 FR 53812, Sept. 1, 2010, as amended at 82 FR 56886, Dec. 1, 2017]
### §285r. Contribution to special funds; authorization of appropriations

(a) The United States Governor of the Bank is hereby authorized to agree to contribute on behalf of the United States $50,000,000 to the special funds of the Bank. This contribution shall be made available to the Bank pursuant to the provisions of article 19 of the articles of agreement of the Bank.

(b) In order to pay for the United States contribution to the special funds, there is hereby authorized to be appropriated without fiscal year limitation $50,000,000 for payment by the Secretary of the Treasury.

(Pub. L. 89–369, §21, as added Pub. L. 93–537, Dec. 22, 1974, 88 Stat. 1735.)
Editorial Note on Part 601
Editorial Note: Nomenclature changes to part 601 appear at 71 FR 35512, June 21, 2006.

§ 601.6 Grants for administration of unemployment compensation laws and employment service. Grants of funds for administration of State unemployment compensation laws and public employment service programs are made to States under section 302(a) of the Social Security Act, the Wagner-Peyser Act, and the Appropriation Acts. ( a ) *Requests for funds.* The forms and instructions used by State agencies in requesting funds are available on the ETA Web site (*http://www.ows.doleta.gov/rjm*). The forms and instructions call for detailed information for each budgetary period concerning the specific amounts requested for personal services and other current expenses of State agencies, supported by workload and unit-cost estimates. Supplementary budget requests are processed in the same manner as regular requests. The Administration's representatives in the regional offices furnish assistance to the State agencies in preparing requests for funds.
( b ) *Processing of requests.* ( 1 ) State agencies send their requests for funds to the Regional Administrator who reviews the requests and forwards them to the ETA National Office with his/her recommendation as to the amounts necessary for proper and efficient administration of the State unemployment compensation law and employment service program.
( 2 ) The ETA National Office appraises the requests and the recommendations of the regional representatives from a nationwide point of view, examining each State's request in the light of the experience of other States to insure equitable treatment among the States in the allocation of funds made available by Congress for the administration of State unemployment compensation laws and public employment service programs.
( c ) *Action by ETA National Office.* If the ETA National Office approves the State's budget request, the State agency is notified; and, provided the conditions precedent to grants continue during the budgetary period, certifications for payment, under the approved budget, stating the amounts, are made by the ETA National Office to the Secretary of the Treasury quarterly. Upon denial of a request, in whole or in part, the State agency is notified and the Regional Administrator is instructed to negotiate with the State with a view to removing the basis for denial.
(Approved by the Office of Management and Budget under control number 1205-0132) [15 FR 5886, Aug. 31, 1950, as amended at 42 FR 4724, Jan. 25, 1977; 49 FR 18295, Apr. 30, 1984; 71 FR 35513, June 21, 2006]
EXHIBIT 31.1

                    SECTION 302 CERTIFICATION IN RELATION TO
                 INTERSTAR SECURITISATION MANAGEMENT PTY LIMITED


I, Andrew Twyford, certify that:

1.   I have reviewed  this annual  report on Form 10-K,  and all reports on Form
     8-K,  containing  distribution  or  servicing  reports  filed in respect of
     periods  included in the year covered by this annual  report,  of Interstar
     Millennium Series 2005-1G Trust;

2.   Based on my knowledge,  the information in these reports, taken as a whole,
     does not contain any untrue statement of a material fact or omit to state a
     material  fact  necessary  to make  the  statements  made,  in light of the
     circumstances  under which such  statements were made, not misleading as of
     the last day of the period covered by this annual report;

3.   Based on my knowledge,  the distribution or servicing  information required
     to be  provided  to the  trustee  by the  servicer  under the  pooling  and
     servicing,  or  similar,  agreements,  for  inclusion  in these  reports is
     included in these reports;

4.   I am  responsible  for reviewing the  activities  performed by the servicer
     under the pooling and servicing,  or similar,  agreements and based upon my
     knowledge and the annual  compliance  review required under that agreement,
     and except as  disclosed in the reports,  the  servicer has  fulfilled  its
     obligations under that agreement; and

5.   The  reports  disclose  all  significant   deficiencies   relating  to  the
     servicer's  compliance with the minimum servicing  standards based upon the
     report provided by an independent  public  accountant,  after  conducting a
     review in  compliance  with the  Uniform  Single  Attestation  Program  for
     Mortgage  Bankers or similar  procedure,  as set forth in the  pooling  and
     servicing, or similar, agreements, that is included in these reports.




  /s/    Andrew Twyford
---------------------------------------
Name:    Andrew Twyford
Title:   Chief Financial Officer,
         Interstar Securitisation Management Pty Limited

Date:    September 23, 2005
#### Mary Trimble, Respondent, v. Mary H. Mackenzie, Appellant.

Judgment and order affirmed, with costs. No opinion. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
§ 422.305 Report of overdue program overpayment debts to consumer reporting agencies. ( a ) *Debts we will report.* We will report to consumer reporting agencies all overdue program overpayment debts over $25.
( b ) *Notice to debtor.* Before we report any such debt to a consumer reporting agency, we will send the debtor written notice of the following: ( 1 ) We have determined that payment of the debt is overdue;
( 2 ) We will refer the debt to a consumer reporting agency at the expiration of not less than 60 calendar days after the date of the notice unless, within that 60-day period, the debtor pays the full amount of the debt or takes either of the actions described in paragraphs (b)(6) or (b)(7) of this section;
( 3 ) The specific information we will provide to the consumer reporting agency, including information that identifies the debtor (e.g., name, address, and social security number) and the amount, status, and history of the debt;
( 4 ) The debtor has the right to a complete explanation of the debt;
( 5 ) The debtor may dispute the accuracy of the information to be provided to the consumer reporting agency;
( 6 ) The debtor may request a review of the debt by giving us evidence showing that he or she does not owe all or part of the amount of the debt or that we do not have the right to collect it; and
( 7 ) The debtor may request an installment payment plan.
( c ) *Disputing the information that we would send to consumer reporting agencies.* If a debtor believes that the information we propose to send to consumer reporting agencies is incorrect, the debtor may ask us to correct such information. If, within 60 calendar days from the date of our notice described in paragraph (b) of this section, the debtor notifies us that any information to be sent to consumer reporting agencies is incorrect, we will not send the information to consumer reporting agencies until we determine the correct information.
[62 FR 64278, Dec. 5, 1997, as amended at 66 FR 67081, Dec. 28, 2001]
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

 949.82

 949.44

 949.01

 948.66

 948.34

 948.16

 947.93

 947.63

 947.21

 947.28

 947.26

 947.23

 946.98

 946.68

 946.50

 946.34

 946.32

 946.23

 946.58

 946.53

 946.48

 946.28

 946.16

 946.01

 945.84

 945.59

 945.45

 945.37

 945.49

 945.34

 945.30

 1,874.0

 1,867.8

 1,860.7

 1,855.0

 1,849.8

 1,846.9

 1,843.1

 1,838.2

 1,831.4

 1,832.6

 1,832.2

 1,831.8

 1,827.7

 1,822.9

 1,820.0

 1,817.4

 1,817.1

 1,815.6

 1,821.3

 1,820.5

 1,819.6

 1,816.4

 1,814.5

 1,812.1

 1,809.3

 1,805.3

 1,803.1

 1,801.8

 1,803.7

 1,801.3

 1,800.7

STORAGE

-5.1

-6.2

-7.1

-5.7

-5.2

-2.9

-3.7

-4.9

-6.8

+1.1

-0.3

-0.5

-4.1

-4.8

-2.9

-2.6

-0.3

-1.5

+5.6

-0.8

-0.8

-3.2

-1.9

-2.4

-2.7

-4.0

-2.2

-1.3

+1.9

-2.4

-0.6

CHANGE

 4,066

 3,381

 2,974

 3,220

 3,607

 4,784

 4,651

 3,741

 2,723

 4,634

 4,892

 4,752

 3,495

 3,122

 4,195

 4,258

 4,389

 4,061

 7,723

 4,483

 4,121

 3,387

 3,593

 3,219

 2,969

 3,109

 3,588

 4,139

 5,943

 3,489

 4,168

INFLOW

 6,591

 6,446

 6,424

 5,990

 6,169

 6,204

 6,459

 6,094

 6,081

 1,809

 323

 1,815

 5,490

 5,504

 5,630

 5,521

 4,518

 4,774

 4,840

 4,884

 4,489

 4,904

 4,478

 4,368

 4,296

 5,071

 4,615

 4,728

 4,946

 4,682

 4,444

POWER

 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

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 2,181

 4,732

 3,173

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

 48

 82

 111

 111

 72

 62

 81

 100

 76

 72

 0

 10

 48

 57

 28

 38

 33

 19

 38

 5

 38

 109

 90

 71

 47

 57

 104

 57

 28

 19

 47

C.F.S.

 .10

 .17

 .23

 .23

 .15

 .13

 .17

 .21

 .16

 .15

 .00

 .02

 .10

 .12

 .06

 .08

 .07

 .04

 .08

 .01

 .08

 .23

 .19

 .15

 .10

 .12

 .22

 .12

 .06

 .04

 .10

INCHES

 .10

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 1.30

 .03

 .10

 .02

 .00

 .00

 .32

 .36

 .01

 .72

 1.18

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .02

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

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

OCTOBER 2007 SHASTA LAKE DAILY OPERATIONS RUN DATE: February 7, 2008

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

RIVER

TOTALS -78.3 124,876 152,587 0 10,086 1,758 3.69 4.16

ACRE-FEET -78,300 247,692 302,656 0 20,006 3,487

COMMENTS:

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

SUMMARY

RELEASE (ACRE-FEET)

POWER 302,656

SPILL 0

OUTLET

TOTAL

 20,006

 322,662

PRECIPITATION

THIS MONTH =

TO DATE =

 4.16

JULY 1, 2007 7.15

 1,879.1

Table 3
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

 1,023.57

 1,023.09

 1,022.80

 1,022.60

 1,022.30

 1,022.07

 1,021.87

 1,021.62

 1,021.38

 1,021.22

 1,020.92

 1,020.57

 1,020.24

 1,019.97

 1,019.68

 1,019.38

 1,019.10

 1,018.82

 1,018.60

 1,018.36

 1,018.17

 1,017.97

 1,017.70

 1,017.38

 1,017.06

 1,016.81

 1,016.60

 1,016.34

 1,016.00

 1,015.70

 1,015.38

 3,373.5

 3,361.8

 3,354.7

 3,349.9

 3,342.6

 3,337.0

 3,332.1

 3,326.0

 3,320.2

 3,316.4

 3,309.1

 3,300.7

 3,292.7

 3,286.2

 3,279.2

 3,272.0

 3,265.3

 3,258.6

 3,253.3

 3,247.5

 3,243.0

 3,238.2

 3,231.8

 3,224.2

 3,216.5

 3,210.6

 3,205.6

 3,199.5

 3,191.4

 3,184.3

 3,176.8

STORAGE

-8.3

-11.7

-7.1

-4.9

-7.3

-5.6

-4.9

-6.1

-5.8

-3.9

-7.3

-8.4

-8.0

-6.5

-7.0

-7.2

-6.7

-6.7

-5.3

-5.7

-4.5

-4.8

-6.4

-7.6

-7.6

-5.9

-5.0

-6.2

-8.1

-7.1

-7.5

CHANGE

 2,981

 1,106

 3,470

 3,403

 3,187

 3,454

 3,459

 2,688

 3,463

 4,345

 3,753

 3,436

 3,312

 3,611

 3,452

 3,197

 3,264

 3,274

 4,178

 3,772

 4,092

 4,089

 3,769

 3,320

 3,536

 4,039

 4,425

 3,964

 2,904

 3,489

 3,615

INFLOW

 7,031

 6,876

 6,819

 5,714

 6,697

 6,134

 5,799

 5,634

 6,287

 6,192

 7,305

 7,581

 7,215

 6,785

 6,851

 6,704

 6,541

 6,512

 6,727

 6,599

 6,336

 6,431

 6,998

 7,044

 7,205

 6,903

 6,823

 6,945

 6,841

 6,951

 7,398

POWER

 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

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

 144

 151

 216

 144

 172

 143

 107

 107

 107

 107

 107

 107

 106

 106

 120

 134

 120

 148

 106

 70

 49

 70

 14

 119

 175

 126

 111

 125

 125

 104

 21

C.F.S.

 .20

 .21

 .30

 .20

 .24

 .20

 .15

 .15

 .15

 .15

 .15

 .15

 .15

 .15

 .17

 .19

 .17

 .21

 .15

 .10

 .07

 .10

 .02

 .17

 .25

 .18

 .16

 .18

 .18

 .15

 .03

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .47

 .00

 .02

 .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

OCTOBER 2017 SHASTA LAKE DAILY OPERATIONS RUN DATE: November 9, 2017

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

RIVER

TOTALS -205.1 108,047 207,878 0 0 3,561 5.03 .49

ACRE-FEET -205,100 214,311 412,326 0 0 7,063

COMMENTS:

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

SUMMARY

RELEASE (ACRE-FEET)

POWER 412,326

SPILL 0

OUTLET

TOTAL

 0

 412,326

PRECIPITATION

THIS MONTH =

TO DATE =

 .49

JULY 1, 2017 .78

 3,381.9

Table 3

OCT 1, 2017 TO DATE = .49
FIRST AMENDMENT TO


ALON USA ENERGY, INC.


RESTRICTED STOCK AWARD AGREEMENT





WHEREAS, Jimmy C. Crosby (the "Participant") is an employee of Alon USA Energy, Inc . , a Delaware corporation (the "Company") or one of its Subsidiaries, and a Participant within the meaning of the Alon USA Energy, Inc. Amended and Restated 2005 Incentive Compensation Plan (the "Plan");


WHEREAS, a grant of restricted shares evidenced by that certain Restricted Stock Award Agreement by and between the Company and Participant, dated August 6, 2014 (the "Agreement”);


WHEREAS, the Company and Participant hereby agree to amend the Agreement as follows:


1. Terms not defined in this First Amendment to Restricted Stock Award Agreement (this "First Amendment") have the meanings set forth in the Agreement.


2. Section 3(b) of the Agreement is hereby amended and restated in its entirety as follows:


(b) Full Vesting Upon Certain Events .  Notwithstanding the provisions of Section 3(a), the Participant will acquire a vested interest in, and the restrictions on voting and the right to receive dividends set forth in Section l(b) and the restrictions on transfer set forth in Section 2 will lapse with respect to, all of the granted but nonvested Restricted Shares in the event of (i) the involuntary termination  (including disability or death) of the Participant's employment with the Company and its Subsidiaries for a reason other than Cause, (ii) the voluntary termination of employment with the Company and its Subsidiaries by the Participant for Good Reason, within the 24-month period following the occurrence of a Change in Control meeting the definition thereof set forth in Sections 8(b)(i) -8(b)(iv); or (ii) the voluntary termination of employment with the Company and its Subsidiaries by the Participant, with or without Good Reason, within the six-month period following the occurrence of a Change in Control meeting the definition thereof set forth in Section 8(b)(v).


3. Section 8(b)(iv) of the Agreement is hereby amended and restated in its entirety as follows:


(iv) the adoption of a plan relating to the liquidation or dissolution of the Company; or


4. A new Section 8(b)(v) is hereby added to the Agreement as follows:


(v) the involuntary removal of Paul Eisman, in his capacity as President and Chief Executive Officer of the Company, or the removal or resignation of David Wiessman, in his capacity as Chairman of the Board of the Company.







---






5. Except as may be specifically modified herein, the terms and conditions of the Agreement remain in full force and effect, unaffected by the execution and delivery of this First Amendment.


The Participant hereby accepts and agrees to be bound by all the terms and conditions of the Plan and the Agreement, as amended by this First Amendment.  The Committee, as constituted from time to time, will, except as expressly provided otherwise herein, have the right to determine any questions that arise in connection with the Agreement as amended hereby.





ALON USA ENERGY, INC.ACCEPTED:/s/ Jimmy C. CrosbyBy:/s/ Paul EismanSignature of ParticipantName:Paul EismanTitle:President
§ 618.920 Reserve fund distributions. ( a ) The 35 percent of the TaOA funds for a fiscal year that remains after the initial allocation will be held by the Department as a reserve. Reserve funds will be used, as needed, for additional distributions to States during the remainder of the fiscal year, including distributions to those States that did not receive an initial allocation. The amount of any distributions of reserve funds will be determined by the Department within the time frame described in § 618.930, as appropriate, considering the information provided in reserve fund requests submitted by States as described in paragraph (b) of this section and the level of reserve funds available.
( b ) A State requesting reserve funds must demonstrate that: ( 1 ) At least 50 percent of its TaOA funds from the current year (if any were received) and previous fiscal years have been expended; or
( 2 ) The State needs additional TaOA funds to meet demands for services due to unusual and unexpected events, which includes an unexpected increase in the number of trade-affected workers eligible for TaOA.
( c ) A State requesting reserve funds under paragraph (b) of this section also must provide a documented estimate of funding needs through the end of the fiscal year. That estimate must be based on an analysis that includes at least the following: ( 1 ) The average cost of training in the State;
( 2 ) The expected number of participants in training through the end of the fiscal year; and
( 3 ) The remaining TaOA funds the State has available.