alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §886. Repealed. Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159

Section, acts Aug. 13, 1946, ch. 957, title IV, §441, 60 Stat. 1005; Sept. 8, 1960, Pub. L. 86–723, §5, 74 Stat. 831, related to classification of positions in Service and in Department.

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

#### Effective Date of Repeal

Repeal effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.

#### Rules Governing Salary Determinations for Initial Classification

Act Aug. 13, 1946, ch. 957, title XI, §1105, 60 Stat. 1034, which related to applicability of rules for salary determinations for initial classification, was repealed by Pub. L. 96–465, title II, §2205(1), Oct. 17, 1980, 94 Stat. 2159.
### Part F—Service Period for Annuities
<PAGE>

                                                                   Exhibit 10.27

                               AMENDMENT NO. 5 TO
                       NASTECH PHARMACEUTICAL COMPANY INC.
                            2004 STOCK INCENTIVE PLAN

Pursuant to the resolutions adopted by the Board of Directors of Nastech
Pharmaceutical Company Inc. (the "Company") on September 18, 2006, the following
amendments to the Nastech Pharmaceutical Company Inc. 2004 Stock Incentive Plan
are hereby adopted effective as of September 18, 2006:

1. The first sentence of Sections 3.7(a) is hereby deleted in its entirety and
replaced with the following:

            "In the event of any change in the number of shares of Common Stock
      outstanding by reason of any reclassification, recapitalization,
      reorganization, stock split, reverse stock split, stock dividend, share
      combination, merger, consolidation, spin-off, split-off, rights offering,
      liquidation or similar event, of or by the Company, the maximum number of
      shares of Common Stock with respect to which the Committee may grant
      awards under Article II hereof, as described in Section 1.5(a), and the
      individual annual limit described in Section 1.5(d), shall be equitably
      adjusted by the Committee to reflect such events."

2. The second paragraph of Section 3.7(b) is hereby deleted in its entirety and
replaced with the following:

            "The Committee shall make equitable adjustment of the number and
      kind of outstanding shares of Restricted Stock or Performance Shares under
      the Plan to reflect a reclassification, recapitalization, reorganization,
      stock split, reverse stock split, stock dividend, share combination,
      merger, consolidation, spin-off, split-off, rights offering, liquidation
      or similar event, of or by the Company."

3. The first sentence of Section 3.7(f) is hereby deleted in its entirety and
replaced with the following:

            "Except as otherwise provided in paragraphs (c), (d) and (e) of this
      Section 3.7, in the event of any change in the number of shares of Common
      Stock outstanding by reason of any reclassification, recapitalization,
      reorganization, stock split, reverse stock split, stock dividend, share
      combination, merger, consolidation, spin-off, split-off, rights offering,
      liquidation or similar event, of or by the Company, the Committee shall
      make equitable adjustment of:

            (a) the number and class of shares covered by any outstanding
            Options or Stock Appreciation Rights under the Plan; and

            (b) the per-share exercise price of all such outstanding Options and
            Stock Appreciation Rights under the Plan.
### §8795. Termination

#### (a) In general

The provisions of this subchapter and any sanctions imposed pursuant to this subchapter shall terminate on the date on which the President submits to the appropriate congressional committees—

(1) the certification described in subsection (b); and

(2) a certification that—

(A) the Government of Syria is democratically elected and representative of the people of Syria; or

(B) a legitimate transitional government of Syria is in place.

#### (b) Certification described

A certification described in this subsection is a certification by the President that the Government of Syria—

(1) has unconditionally released all political prisoners;

(2) has ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Syria engaged in peaceful political activity;

(3) has ceased its practice of procuring sensitive technology designed to restrict the free flow of unbiased information in Syria, or to disrupt, monitor, or otherwise restrict the right of citizens of Syria to freedom of expression;

(4) has ceased providing support for foreign terrorist organizations and no longer allows such organizations, including Hamas, Hezbollah, and Palestinian Islamic Jihad, to maintain facilities in territory under the control of the Government of Syria; and

(5) has ceased the development and deployment of medium- and long-range surface-to-surface ballistic missiles;

(6) is not pursuing or engaged in the research, development, acquisition, production, transfer, or deployment of biological, chemical, or nuclear weapons, and has provided credible assurances that it will not engage in such activities in the future; and

(7) has agreed to allow the United Nations and other international observers to verify that the Government of Syria is not engaging in such activities and to assess the credibility of the assurances provided by that Government.

#### (c) Suspension of sanctions after election of democratic government

If the President submits to the appropriate congressional committees the certification described in subsection (a)(2), the President may suspend the provisions of this subchapter and any sanctions imposed under this subchapter for not more than 180 days to allow time for a certification described in subsection (b) to be submitted.

(Pub. L. 112–158, title VII, §706, Aug. 10, 2012, 126 Stat. 1268.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in subsecs. (a) and (c), was in the original a reference to title VII of Pub. L. 112–158, which enacted this subchapter and provisions set out as a note under section 8701 of this title.
### §519. Infrastructure development

Funds made available to carry out this chapter for operational tests of intelligent transportation systems—

(1) shall be used primarily for the development of intelligent transportation system infrastructure, equipment, and systems; and

(2) to the maximum extent practicable, shall not be used for the construction of physical surface transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project.

(Added Pub. L. 114–94, div. A, title VI, §6010(a), Dec. 4, 2015, 129 Stat. 1567.)

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

#### Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
#### UNITED STATES of America, Plaintiff-Appellee, v. Lorenzo PRADO, Defendant-Appellant.

No. 05-40623.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided March 13, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

*918Timothy William Crooks, Assistant Federal Public Defender, Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before REAVLEY, JOLLY and OWEN, Circuit Judges.

PER CURIAM: *

Lorenzo Prado appeals his sentence following his guilty plea conviction for possession with intent to distribute 255 kilograms of marijuana, a violation of 21 U.S.C. § 841.

Prado contends that § 841 is unconstitutional in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). As Prado concedes, his argument is foreclosed by circuit precedent. *See United States v. Slaughter,*238 F.3d 580, 582 (5th Cir.2000). He raises the issue only to preserve it for Supreme Court review.

Prado also contends that the district court erred by finding that his prior Texas state conviction for burglary of a habitation constitutes a “crime of violence” for purposes of the career offender enhancement provision of U.S.S.G. § 4B1.1. The district court correctly found that Prado’s prior conviction for burglary of a habitation was a conviction for a crime of violence under § 4B1.2(a). *See United States v. Hornsby,*88 F.3d 336, 339 (5th Cir. 1996); *see also United States v.*Garcia-*Mendez,*420 F.3d 454, 456-57 (5th Cir. 2005) (applying *Hornsby*to enhancement pursuant to § 2L1.2(b)(l)(A)(ii)).

Finally, although the district court’s imposition of a sentence of 188 months of imprisonment was within the applicable guidelines range, Prado contends that the sentence was unreasonable under *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). This court recently held that a discretionary sentence imposed within a properly calculated guideline range is presumptively reasonable. *See United States v. Alonzo,*435 F.3d 551 (5th Cir.2006). Prado has not rebutted the presumption that his sentence was reasonable.

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.
(No. 4414

#### Betty McConkey, widow, et al, Claimant, *vs.*State of Illinois, Respondent.

*Opinion filed June 8, 1951.*

Betty McConkey, widow, et al, Claimant, pro se)

Ivan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Respondent.

SCHUMAN, C. J.

Claimant, Betty McConkey, is the widow of Corwin McConkey, deceased, who was employed by the Division of State Police on September 21, 1941, as a highway patrolman at a salary of $275.00 a month. On February 23, 1951, he was receiving a salary of $286.00 a month as sergeant. His earnings for the year preceding his death were in the amount of $3,433.00. Mr. McConkey left surviving him his wife, Betty McConkey, claimant herein, and two children under 18 years of age.

The facts show that, while in the performance of *324his duties, Mr. McConkey stopped a motorist, who had entered Routes 47 and 48 without having first come to a stop as required by law. This intersection is located somewhere north of Decatur, Illinois. While checking the motorist’s driver’s license, the driver of the car shot decedent twice and drove away. Mr. McConkey was taken by deluxe Trailway bus to the office of Dr. Wiley Marvel in Weldon, Illinois, who administered first aid, and then had him taken to John Warner Memorial Hospital, Clinton, Illinois, where he operated on Mr. McConkey for the repair of the intestinal wound. Mr. McConkey died as a result of his wound on March 8, 1951, at 12:40 A.M.

There are no jurisdictional questions in this case, and the case is submitted on a stipulation signed by Betty McConkey, the claimant, and the Attorney General, appearing for the respondent.

There being no dispute, claimant is entitled to an award under the Workmen’s Compensation Act in the amount of $7,500.00.

An award is, therefore, made in favor of the claimant, Betty McConkey, in the amount of $7,500.00, to be paid to her as follows:

> $ 312.00 which has accrued, and is payable forthwith;

> $7,188.00 which is payable in weekly installments of $24.00 per week beginning June 15, 1951, for a period of 299 weeks, with one final payment of $12.00.

All future payments being subject to the terms and provisions of the Workmen’s Compensation Act of Illinois, jurisdiction of this cause is specifically reserved for the entry of such further orders as may from time to time be necessary.

This award is subject to the approval of the Governor as provided in Section 3 of “An Act concerning the payment of compensation awards to State employees.”
### Part C—Indian Education Assistance
### §9562. Statement of policy

#### (a) Sense of Congress

It is the sense of Congress that the United States has economic and national security interests in assisting European and Eurasian countries achieve energy security through diversification of their energy sources and supply routes.

#### (b) Statement of policy

It is the policy of the United States—

(1) to advance United States foreign policy and development goals by assisting European and Eurasian countries to reduce their dependence on energy resources from countries that use energy dependence for undue political influence, such as the Russian Federation, which has used natural gas to coerce, intimidate, and influence other countries;

(2) to promote the energy security of allies and partners of the United States by encouraging the development of accessible, transparent, and competitive energy markets that provide diversified sources, types, and routes of energy;

(3) to encourage United States public and private sector investment in European energy infrastructure projects to bridge the gap between energy security requirements and commercial demand in a way that is consistent with the region's absorptive capacity; and

(4) to help facilitate the export of United States energy resources, technology, and expertise to global markets in a way that benefits the energy security of allies and partners of the United States, including in Europe and Eurasia.

(Pub. L. 116–94, div. P, title XX, §2003, Dec. 20, 2019, 133 Stat. 3223.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influence in Europe and Eurasia Act of 2017 which comprises this chapter.
<PAGE>   1
                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549

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

                                    FORM 8-K

                             CURRENT REPORT PURSUANT
                         TO SECTION 13 OR 15 (d) OF THE
                         SECURITIES EXCHANGE ACT OF 1934

        Date of report (Date of earliest event reported) December 6, 1999

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

                                KMART CORPORATION

             (Exact Name of Registrant as Specified in its Charter)

                                    MICHIGAN
                 (State or Other Jurisdiction of Incorporation)

          1-327                                          38-0729500
(Commission File Number)                    (I.R.S. Employer Identification No.)

3100 WEST BIG BEAVER ROAD, TROY MICHIGAN                         48084
(Address of Principal Executive Offices)                       (Zip Code)

                                 (248) 643-1000
              (Registrant's Telephone Number, Including Area Code)

                                       N/A
          (Former Name or Former Address, if Changed Since Last Report)




<PAGE>   2

ITEM 5.  OTHER EVENTS

1     On December 6, 1999, Kmart Corporation entered into a $1.1 Billion
      Three-Year Revolving Credit Agreement and a $600 Million 364-Day
      Revolving Credit Agreement; attached hereto as Exhibits 99.1 and 99.2.




<PAGE>   3


                                   SIGNATURES

         Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.



                                               KMART CORPORATION
                                               (Registrant)



                                               By:      /s/ Nancie W. LaDuke
                                               --------------------------------
                                                        Nancie W. LaDuke
                                                        Vice President and
                                                        Secretary



Date:    December 15, 1999




<PAGE>   4

                                  Exhibit Index


         Exhibit Number                              Description
     ------------------------                 --------------------------------
           99.1                               $1.1 Billion Three-Year
                                              Revolving Credit Agreement

           99.2                               $600 Million 364-Day Revolving
                                              Credit Agreement
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

 708.16

 707.56

 708.06

 707.16

 708.24

 707.70

 708.50

 707.88

 708.56

 707.66

 708.27

 708.77

 709.20

 709.60

 707.14

 707.76

 708.29

 708.81

 709.32

 709.67

 709.99

 710.27

 710.54

 710.78

 711.02

 711.24

 711.47

 710.92

 710.39

 710.57

 710.79

 809

 793

 807

 781

 812

 797

 819

 802

 821

 795

 813

 827

 839

 850

 781

 798

 813

 828

 842

 852

 861

 869

 877

 884

 892

 898

 905

 889

 873

 878

 885

STORAGE

+31

-16

+14

-26

+31

-15

+22

-17

+19

-26

+18

+14

+12

+11

-69

+17

+15

+15

+14

+10

+9

+8

+8

+7

+8

+6

+7

-16

-16

+5

+7

CHANGE

16

3

12

3

17

0

12

-2

11

-4

10

8

7

7

2

10

9

9

8

6

6

5

5

5

5

4

5

3

3

4

5

INFLOW

 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

 0

 11

 5

 16

 1

 8

 1

 7

 1

 9

 1

 1

 1

 1

 37

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 11

 11

 1

 1

 1130

 1035

 1025

 1045

TIME

 .21

 .21

 .20

 .18

COPPER

 .57

 .57

 .58

 .55

UNITED STATES DEPARTMENT OF THE INTERIOR

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

JANUARY 2007 SPRING CREEK DEBRIS RESERVOIR DAILY OPERATIONS RUN DATE: May 16, 2007

IN LAKE

SPRING CR DEBRIS DAM

ZINC

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S. 

TOTALS +107 194 0 136

ACRE-FEET +107 385 0 270

COMMENTS:

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

SUMMARY

RELEASE (ACRE-FEET)

SPILL 0

OUTLET

TOTAL

 270

 270

 778

SPILL OUTLET

**KES

COPPER

MG/L

 .001

 .001

 .002

 .002

Table 7
§ 618.100 Purpose and scope. ( a ) *Purpose.* The Act establishes a Trade Adjustment Assistance for Workers (TAA) Program. The goal of the TAA Program is to help each worker participating in the program obtain suitable employment whenever possible, and to return to employment as quickly as possible.
( b ) *Scope.* Global trade impacts thousands of workers each year across the United States. The TAA Program provides trade-affected workers with opportunities to obtain the skills, credentials, resources, and support necessary to become reemployed in a good job. The TAA Program's benefits and services include: employment and case management services, training, out-of-area job search and relocation allowances, income support through Trade Readjustment Allowances (TRA), the Reemployment Trade Adjustment Assistance (RTAA) benefit for workers aged 50 or older who find qualifying reemployment, and, if available, the Health Coverage Tax Credit (HCTC). Together with its workforce development partners in the one-stop delivery system authorized under the Workforce Innovation and Opportunity Act (WIOA), the TAA Program helps retrain, retool, and rebuild the American workforce. This part 618 applies for all workers determined eligible to apply for TAA except for those covered under certain provisions of the Trade Adjustment Assistance Reform Act of 2002 and the Trade and Globalization Adjustment Assistance Act of 2009, for which administrative guidance will continue to apply.
( c ) *Effect.* The regulations in this part are issued to implement the Act.
#### Abraham H. Sarasohn, Suing as Stockholder of the Jewish Press Publishing Company, etc., Respondent, v. Jewish Press Publishing Company, Appellant, Impleaded with Others.

Order reversed, without costs, and motion granted, without costs, to the extent of modifying the order for examination by limiting it to matters relevant to plaintiff’s right to an interlocutory judgment. No opinion. Order to be settled on notice. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.
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

 708.32

 708.59

 708.75

 707.17

 707.33

 707.51

 707.66

 707.79

 707.92

 708.14

 708.24

 708.38

 708.62

 707.12

 707.28

 707.47

 707.64

 707.78

 707.88

 708.10

 707.17

 707.32

 707.47

 707.09

 707.19

 707.02

 707.19

 707.36

 707.63

 707.83

 814

 822

 826

 782

 786

 791

 795

 799

 803

 809

 812

 816

 822

 780

 785

 790

 795

 799

 802

 808

 782

 786

 790

 780

 782

 778

 782

 787

 795

 800

STORAGE

+6

+8

+4

-44

+4

+5

+4

+4

+4

+6

+3

+4

+6

-42

+5

+5

+5

+4

+3

+6

-26

+4

+4

-10

+2

-4

+4

+5

+8

+5

CHANGE

3

4

2

-11

3

4

3

3

2

3

3

3

3

-11

3

3

3

2

2

3

-8

3

3

-2

2

1

2

3

4

3

INFLOW

 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

 0

 0

 11

 1

 1

 1

 1

 0

 0

 1

 1

 0

 10

 0

 0

 0

 0

 0

 0

 5

 1

 1

 3

 1

 3

 0

 0

 0

 0

 1040

 1030

 1015

 1040

TIME

 .22

 .21

 .21

 .19

COPPER

 .76

 .76

 .78

 .76

UNITED STATES DEPARTMENT OF THE INTERIOR

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

SEPTEMBER 2005 SPRING CREEK DEBRIS RESERVOIR DAILY OPERATIONS RUN DATE: March 14, 2006

IN LAKE

SPRING CR DEBRIS DAM

ZINC

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S. 

TOTALS -8 41 0 41

ACRE-FEET -8 81 0 81

COMMENTS:

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

SUMMARY

RELEASE (ACRE-FEET)

SPILL 0

OUTLET

TOTAL

 81

 81

 808

SPILL OUTLET

**KES

COPPER

MG/L

 .001

 .003

 .001

 .001

Table 7
(No. 6595

#### St. Therese Hospital, Claimant, *vs.*State of Illinois, Department of Children and Family Services, Respondent.

*134
      *Opinion filed November 14, 1972.*

St. Therese Hospital, Claimant, pro se.

William J. Scott, Attorney General; Saul R. Wexler, Assistant Attorney General, for Respondent.

Per Curiam.