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

117TH CONGRESS 

2D SESSION S. 4911 

To provide for noncompetitive appointments in the competitive service for 

high-performing Federal employees. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2022 

Mr. LANKFORD introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To provide for noncompetitive appointments in the 

competitive service for high-performing Federal employees. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hiring Proven Per5 formers to the Civil Service Act’’. 

6 SEC. 2. NONCOMPETITIVE ELIGIBILITY FOR HIGH-PER7 FORMING CIVILIAN EMPLOYEES. 

8 (a) DEFINITIONS.—In this section— 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 4911 IS

1 (1) the term ‘‘competitive service’’ has the 

2 meaning given the term in section 2102 of title 5, 

3 United States Code; and 

4 (2) the term ‘‘Executive agency’’ has the mean5 ing given the term in section 105 of title 5, United 

6 States Code. 

7 (b) REGULATIONS.—Under such regulations as the 

8 Director of the Office of Personnel Management shall 

9 issue, an Executive agency may noncompetitively appoint, 

10 for other than temporary employment, to a position in the 

11 competitive service any individual who— 

12 (1) is certified by the Director as having been 

13 a high-performing employee in a former position in 

14 the competitive service; 

15 (2) has been separated from the former position 

16 described in paragraph (1) for less than 6 years; and 

17 (3) is qualified for the new position in the com18 petitive service, as determined by the head of the 

19 Executive agency making the noncompetitive ap20 pointment. 

21 (c) LIMITATION ON AUTHORITY.—An individual may 

22 not be appointed to a position under subsection (b) more 

23 than once. 

24 (d) DESIGNATION OF HIGH-PERFORMING EMPLOY25 EES.—The Director of the Office of Personnel ManageVerDate Sep 11 2014 19:48 Sep 23, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4911.IS S4911

pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 4911 IS

1 ment shall, in the regulations issued under subsection (b), 

2 set forth the criteria for certifying an individual as a 

3 ‘‘high-performing employee’’ in a former position, which 

4 shall be based on— 

5 (1) the final performance appraisal of the indi6 vidual in that former position; and 

7 (2) a recommendation by the immediate or 

8 other supervisor of the individual in that former po9 sition. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
Paula Kline, Westtown Quaker Meeting. 975 Westtown Rd Westtown, PA 19382 

Thank you for listening to my comments today. 

I am a member of Westtown Monthly Meeting of the Religious Society of Friends. Quakers have 

a long tradition of concern for economic, racial and social justice and environmental 

stewardship. Friends decry the unjust, disproportionate impact climate change is already having 

on those living in poverty and in the least developed countries, the elderly and children and those 

least responsible for the emissions of greenhouse gases. Climatechangeandotherenvironmental 

disasters could put 3 .I billion people into extreme poverty by 2050 if no significant steps are taken. 

This is why I strongly support the EPA targets for carbon emissions. 

At this late date, it is a real question as to whether we will succeed on the climate issue. Given this 

uncertainty, it is precisely our actions now which matter most It is in these situations of uncertainty that the 

role of moral leadership is most required. 

The fossil fuel business plan- to explore, extract and sell fossil fuels is not new. And we know 

that fossil fuel companies do not intentionally include ending life on earth as part of their 

business plan, but it clear that this is an unfortunate and very real side effect of their plan. 

There is now a way to develop secure, reliable energy sources with existing technology and at 

costs comparable with what we spend on fossil fuel energy today AND save 2.5 million to 3 

million lives a year, halt global warming, and reduce air and water pollution. 

The EPA regulations can set a new global standard for converting the world to clean, renewable 

energy sources and foregoing fossil fuels. 

Historians of the Holocaust ask: "How could so many good and moral people know what was 

happening and yet do so little0 " This, I believe, will be the key questions for future historians of 

the unfurling climate disaster if we do not act now.
§ 429.24 When should I pay my use fee? ( a ) If Reclamation offers you a use authorization, you must pay the use fee in advance, unless you are granted a waiver under subpart F of this part.
( b ) Your use authorization will clearly state the use fee. Should periodic payments apply, your use authorization will also describe when you should pay those periodic use fees.
1

GORDON REES SCULLY MANSUKHANI LLP

100 S.E. Second Street, Suite 3900 ▪ Miami, FL 33131

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-cv-61121-AHS

CODY FITZPATRICK, et al.,

 Plaintiffs, 

v.

VITAL PHARMACEUTICALS, INC.,

d/b/a VPX Sports,

 Defendant.

___________________________________/

NOTICE OF WITHDRAWAL

PLEASE TAKE NOTICE that Defendant, Vital Pharmaceuticals, Inc., d/b/a VPX Sports, 

hereby withdraws its Motion to Dismiss for Lack of Personal Jurisdiction and Forum Non conveniens and 

Supporting Memorandum of Law (DE 34) intended for case No. 20-cv-24531 that was inadvertently filed 

in this matter on November 10, 2020.

Dated: November 10, 2020.

Respectfully submitted,

s/Andrew R. Schindler

FBN 124845

aschindler@grsm.com 

GORDON REES SCULLY

MANSUKHANI LLP

100 SE 2nd Street, Suite 3900

Miami, Florida 33131

Tel: (305) 428-5330

Attorneys for Defendant,

Vital Pharmaceuticals, Inc.

Case 0:20-cv-61121-AHS Document 35 Entered on FLSD Docket 11/10/2020 Page 1 of 2
2

GORDON REES SCULLY MANSUKHANI LLP

100 S.E. Second Street, Suite 3900 ▪ Miami, FL 33131

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was filed on November 10, 

2020, with the Clerk by using the CM/ECF system, which will notify all counsel of record of this 

filing.

s/ Andrew Schindler

Andrew R. Schindler

Case 0:20-cv-61121-AHS Document 35 Entered on FLSD Docket 11/10/2020 Page 2 of 2
1

From: Steve Edris [sedris@thermafiber.com]

Sent: Wednesday, July 13, 2011 4:08 PM

To: Hancy, Cindy Wang

Subject: Collection Ducts

Categories: Blue Category

I would say that the sum of the numbers is the correct method for determining total emissions.  We have two fans connected to

the collection chamber.  These fans duct the exhaust to the screen house.

Best regards,

Steve Edris

President & CEO

Thermafiber, Inc.

Phone: (260) 563‐2111 ext. 214

Fax: (260) 563‐8979

www.thermafiber.com

Attention:         

The contents of this message and any attachments are intended only for the use of the addressee and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient or an

authorized representative of the intended recipient, you are hereby notified that any dissemination, retransmission, or other use of this communication is strictly prohibited. If you have received this communication in error, notify the

sender immediately by return email and delete the message and any attachments from your system.

 Please consider the environment before printing this e‐mail.
§ 3430.5-3 Determination to lease. A preference right lease shall be issued if, upon review of the application, any available land use plan and the environmental assessment or environmental impact statement, the authorized officer determines that: ( a ) Coal has been discovered in commercial quantities on the lands applied for;
( b ) The applicant has used reasonable economic assumptions and data to support the showing that coal has been found on the proposed lease in commercial quantities; and
( c ) The conditions or protective lease stipulations assure that environmental damage can be avoided or acceptably mitigated.
[47 FR 33143, July 30, 1982]
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 02152

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2

File Name Description

x 02152\02152_Checklist.XLS EPA Technical Review Checklist Workbook

02152\02152_HardcopyLog.doc EPA log of hardcopy documents submitted

x 02152\02152_PartA.XLS Plant submitted survey file

x 02152\02152_PartB.XLS Plant submitted survey file

x 02152\02152_PartC.XLS Plant submitted survey file

x 02152\02152_PartD.XLS Plant submitted survey file

x 02152\02152_PartH.xls Plant submitted survey file

02152\02512_Completeness_Checklist.xls EPA Completeness Review Checklist

02152\Certification Statement Plant ID 02152.PDF Plant certification statement

x 02152\Supplemental Documents\02152_EPA Letter Recieved.pdf Plant submitted explanation letter from EPA

x 02152\Supplemental Documents\02152_MAP-1.PDF Plant submitted supplemental files to the survey

x 02152\Supplemental Documents\02152_WB-1.PDF Plant submitted supplemental files to the survey

2

 Copyright documents are available from the docket. 

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database .
#### § 9239.2-2 Duty of district attorney.

Section 2 of the Act of February 25, 1885 (23 Stat. 321; 43 U.S.C. 1062, 28 U.S.C. 41, Par. 21), provides that it shall be the duty of the district attorney of the United States for the proper district on affidavit filed with him by any citizen of the United States that such unlawful enclosure is being made or maintained, showing the description of the lands enclosed with reasonable certainty so that the enclosure may be identified, to institute a civil suit in the proper United States district or circuit court or territorial district court in the name of the United States and against the parties named or described who shall be in charge of or controlling the enclosure complained of.
#### § 404.53 Does this rule provide authority for the transfer of pre-existing facilities from Federal to private ownership, or from private to Federal ownership?

No. This rule does not authorize the transfer of pre-existing facilities or pre-existing components of any water system from Federal to private ownership, or from private to Federal ownership.
#### Max Frenkel, Respondent, v. Nicolas J. Gerold et al., General Partners of the Firm of Josephthal & Company, Appellants.

Order unanimously affirmed, with $20 costs and disbursements, with leave to the defendants to answer within ten days after service of the order, with notice of entry thereof, on payment of said costs. No opinion. Present — Peek, P. J., Cohn, Callahan, Yan Yoorhis and Shientag, JJ.
§ 45.3 How are time periods computed? ( a ) *General.* Time periods are computed as follows: ( 1 ) The day of the act or event from which the period begins to run is not included.
( 2 ) The last day of the period is included. ( i ) If that day is a Saturday, Sunday, or Federal holiday, the period is extended to the next business day.
( ii ) The last day of the period ends at 5 p.m. at the place where the filing or other action is due.
( 3 ) If the period is less than 7 days, any Saturday, Sunday, or Federal holiday that falls within the period is not included.
( b ) *Extensions of time.* ( 1 ) No extension of time can be granted to file a request for a hearing under § 45.21, a notice of intervention and response under § 45.22, an answer under § 45.25, or any document under subpart C of this part.
( 2 ) An extension of time to file any other document under subpart B of this part may be granted only upon a showing of good cause. ( i ) To request an extension of time, a party must file a motion under § 45.35 stating how much additional time is needed and the reasons for the request.
( ii ) The party must file the motion before the applicable time period expires, unless the party demonstrates extraordinary circumstances that justify a delay in filing.
( iii ) The ALJ may grant the extension only if: ( A ) It would not unduly prejudice other parties; and
( B ) It would not delay the decision under § 45.60.
#### Paul Levine, Appellant, v. Jeannette Levine, Respondent.

Judgment of separation upon defendant’s counterclaim in an action for annulment of marriage, unanimously affirmed, with costs. There is no proof in this record sufficient to warrant a finding that respondent had deserted the appellant or abandoned their home with intent not to return, prior to the commencement by appellant of this action for annulment for fraud; nor is that alleged as a *977defense to the counterclaim. Present — Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ.
#### § 419.4 What specific provisions govern operations of the reservoirs?

The specific provisions governing operations of the Truckee River Reservoirs and other reservoirs are contained in the TROA (incorporated by reference at § 419.1). The following table shows the location of the provisions in the TROA.

| Provisions governing . . . | Are in the following sections of the TROA . . . |
| --- | --- |
| Recitals, Definitions | Recitals 1 through 9. Definitions (1) through (106). |
| Satisfaction of provisions of law, general operational principles, protection of water rights, imported water, remaining water of the Truckee River, and emergencies | Sections 1.A through 1.F. |
| Administration | Sections 2.A through 2.C. |
| Accounting, reporting, forecasting, and monitoring | Sections 3.A through 3.E. |
| Incorporation of certain provisions of the preliminary settlement agreement | Sections 4.A through 4.G. |
| Operation of Floriston Rate and Project Water | Sections 5.A through 5.E. |
| Truckee River and Lake Tahoe Basin Allocation and Accounting | Sections 6.A through 6.E. |
| Credit Water Establishment, Storage, and Conversion | Sections 7.A through 7.H. |
| Priorities and Rules for Operations Following Impoundment or Accumulation of Water in Reservoirs | Sections 8.A through 8.V. |
| Beneficial Uses of Water for Instream Flows and Recreation in California | Sections 9.A through 9.F. |
| Design of Water Wells in the Truckee River Basin in California | Sections 10.A through 10.H. |
| Scheduling | Sections 11.A through 11.H. |
| Effectiveness of the TROA | Sections 12.A and 12.B. |
| Relation of TROA to Settlement Act, Adjustments to Operations and Changes to Agreement | Sections 13.A through 13.E. |
| Miscellaneous areas | Sections 14.A through 14.Q. |
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#### Frank Spero, Respondent, v. Annunziata Anzalono, Appellant.

Judgment affirmed, with costs. No opinion. Jenks, P. J., Burr, Carr, Stapleton and Putnam, JJ., concurred.
<PAGE>
                                                                   EXHIBIT 32.1


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

I, John Perrachon, Chief Executive Officer of TouchTunes Music Corporation
("the Company"), have reviewed the Quarterly Report of the Company on Form
10-QSB for the quarter ending June 30, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), and based on the
inquiries I have made or caused to be made in the fulfillment of my
responsibilities as the Chief Executive Officer of the Company, I hereby
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that for the periods covered by the
Report:

     (1) The Report fully complies with the requirements of section 13(a) of the
Securities Exchange Act of 1934; and

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

/s/ John Perrachon
-----------------------
John Perrachon
Chief Executive Officer
August 14, 2003

THIS CERTIFICATE IS BEING MADE FOR THE EXCLUSIVE PURPOSE OF COMPLIANCE BY THE
CHIEF EXECUTIVE OFFICER OF THE COMPANY WITH THE REQUIREMENT OF SECTION 906, AND
SHALL NOT BE DEEMED TO BE A PART OF THE REPORT OR FILED FOR ANY OTHER PURPOSE.

A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN
PROVIDED TO THE COMPANY AND WILL BE RETAINED BY THE COMPANY AND FURNISHED TO THE
SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
#### § 4.1113 Consolidation of proceedings.

When proceedings involving a common question of law or fact are pending before an administrative law judge or the Board, such proceedings are subject to consolidation pursuant to a motion by a party or at the initiative of an administrative law judge or the Board.
### §3502. Nondeductibility of taxes in computing taxable income

(a) The taxes imposed by section 3101 of chapter 21, and by sections 3201 and 3211 of chapter 22 shall not be allowed as a deduction to the taxpayer in computing taxable income under subtitle A.

(b) The tax deducted and withheld under chapter 24 shall not be allowed as a deduction either to the employer or to the recipient of the income in computing taxable income under subtitle A.

(Aug. 16, 1954, ch. 736, 68A Stat. 471; Pub. L. 97–248, title III, §§305(b), 308(a), Sept. 3, 1982, 96 Stat. 588, 591; Pub. L. 98–67, title I, §102(a), Aug. 5, 1983, 97 Stat. 369.)

#### **Editorial Notes**

#### Amendments

1983—Subsecs. (b), (c). Pub. L. 98–67 repealed amendments made by Pub. L. 97–248. See 1982 Amendment note below.

1982—Subsecs. (b), (c). Pub. L. 97–248 provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after June 30, 1983, subsec. (b) is amended and a new subsec. (c) is added. Section 102(a), (b) of Pub. L. 98–67, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (§§301–308) of title III of Pub. L. 97–248 as of the close of June 30, 1983, and provided that the Internal Revenue Code of 1954 [now 1986] [this title] shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted.
#### In the Matter of Peerless Assets Corporation, Appellant, against Maurice Finkelstein et al., Constituting the Temporary City Housing Rent Commission of the City of New York, Respondents.

No opinion. Present — Peck, P. J., Dore, Cohn, Van Voorhis and Shientag, JJ.
§ 3931.80 Core or test hole samples and cuttings. ( a ) Within 90 calendar days after drilling completion, the operator or lessee must submit to the proper BLM office a signed copy of records of all core or test holes made on the lands covered by the lease or exploration license. The records must show the position and direction of the holes on a map. The records must include a log of all strata penetrated and conditions encountered, such as water, gas, or unusual conditions, and copies of analysis of all samples. Provide this information to the proper BLM office in either paper copy or in a BLM-approved electronic format. Contact the proper BLM office for information on submitting copies electronically. Within 30 calendar days after its creation, the operator or lessee must also submit to the proper the BLM office a detailed lithologic log of each test hole and all other in-hole surveys or other logs produced. Upon the BLM's request, the operator or lessee must provide to the BLM splits of core samples and drill cuttings.
( b ) The lessee or operator must abandon surface exploration drill holes for development or holes for exploration to the BLM's satisfaction by cementing or casing or by other methods approved in advance by the BLM. Abandonment must be conducted in a manner to protect the surface and not endanger any present or future underground or surface operation or any deposit of oil, gas, other mineral substances, or ground water.
( c ) Operators may convert drill holes to surveillance wells for the purpose of determining the effect of subsequent operations upon the quantity, quality, or pressure of ground water or mine gases. The BLM may require such conversion or the operator may request that the BLM approve such conversion. Prior to lease or exploration license termination, all surveillance wells must be plugged and abandoned and reclaimed, unless the surface owner assumes responsibility for reclamation of such surveillance wells. The transfer of liability for reclamation will not be considered complete until the BLM approves it in writing.
( d ) Drilling equipment must be equipped with blowout control devices suitable for the pressures encountered and acceptable to the BLM.
**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**






In
      connection with the Annual Report of GlobeTrac Inc. (“GlobeTrac”) on Form 10-KSB
      for the period ending December 31, 2005 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), I, John daCosta,
      President and Chief Executive Officer of GlobeTrac, certify, pursuant to s.906
      of the Sarbanes-Oxley Act of 2002, that:




(1)
        The Report fully complies with the requirements of section 13(a) or 15(d)
      of the Securities Exchange Act of 1934; and




(2)
        The information contained in the Report fairly represents, the financial
      condition and result of operations of the Company.






** */s/
      John daCosta*


John
      daCosta


Chief
      Executive Officer






March
      28,
      2006






**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




In
      connection with the Annual Report of GlobeTrac Inc. (“GlobeTrac”) on Form 10-KSB
      for the period ending December 31, 2005 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), I, John daCosta,
      Secretary, Treasurer, and Chief Financial Officer of GlobeTrac and a member
      of
      the Board of Directors, certify, pursuant to s.906 of the Sarbanes-Oxley Act
      of
      2002, that:




(1)
        The Report fully complies with the requirements of section 13(a) or 15(d)
      of the Securities Exchange Act of 1934; and




(2)
        The information contained in the Report fairly represents, the financial
      condition and result of operations of the Company.






*/s/
      John daCosta*


John
      daCosta


Chief
      Financial Officer






March
      28,
      2006