alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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                                                                    EXHIBIT 10.2

                                 AMENDMENT NO. 1
                                       TO
                           CHANGE IN CONTROL AGREEMENT

      This AMENDMENT NO. 1 TO CHANGE IN CONTROL AGREEMENT (the "Amendment") is
entered into as of November 4, 2004, by and between M. Peter Thomas, an
individual (the "Executive"), and Superconductor Technologies Inc., a Delaware
corporation (the "Company"), with reference to the following facts:

      A. The Company and Executive entered into a Change in Control Agreement
dated as of March 28, 2003 (the "Agreement").

      B. The parties wish to revise the terms and conditions of the Agreement to
increase the amount of the Severance Payment (as defined therein).

      NOW, THEREFORE, based on the above premises and for good and valuable
consideration, the parties agree as follows:

      1. Amount Severance Payment. The amount of the Severance Payment is hereby
increased from 2.0 times the Executive's annual base salary to 3.0 times the
Executive's annual base salary, and the second paragraph of Section 2(a) of the
Agreement is hereby amended and restated as follows to effect such change:

            "For all purposes under this Agreement, the amount of the Severance
      Payment shall be equal to 3.0 (three) times the Executive's annual base
      salary, as in effect on the date of the termination of Executive's
      employment."

      2. General. Capitalized terms not defined in this Amendment shall have the
meaning set forth in the Agreement. This Amendment and the Agreement constitute
the parties' entire agreement with respect to the subject matter hereof and
supersede all agreements, representations, warranties, statements, promises and
understandings, whether oral or written, with respect to the subject matter
hereof. This Agreement may not be amended, altered or modified except by a
writing signed by the parties. Except as expressly modified herein, the
Agreement shall remain in full force and effect, and to the extent reasonably
applicable, the provisions of Section 5 (Miscellaneous) of such agreement are
hereby incorporated herein and made a part hereof. This Amendment may be
executed in counterparts and by facsimile.

                       ***[NEXT PAGE IS SIGNATURE PAGE]***

                                        1
<PAGE>

        Signature Page to Amendment No. 1 To Change In Control Agreement

      IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed, as of the day and year first above written.

                                      EXECUTIVE

                                      __________________________________________
                                      M. Peter Thomas

                                      COMPANY
                                      Superconductor Technologies Inc.

                                      __________________________________________
                                      By: John D. Lockton, Chairman of the Board

                                        2
#### The People of the State of New York, Respondent, v. Alfred Johns, Appellant.

Judgment unanimously affirmed. No opinion. Present — Peek, P. J., Glennon, Dore, Yan Yoorhis and Shientag, JJ.
United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19406

Fax: 610/337-5241

Internet: dps@nrc.gov or nas@nrc.gov

I-99-58 June 28, 1999

Contact: Diane Screnci (610/337-5330) FOR IMMEDIATE RELEASE

Neil A. Sheehan (610/337-5331)

NOTE TO EDITORS:

MEETING LOCATION AND TIME CHANGED

A meeting between the Nuclear Regulatory Commission staff and officials of Public

Service Electric and Gas Company on Tuesday, June 29, now will be held at the John B.

Campbell Community Center, 118 Walnut Street, in Salem, New Jersey. The meeting, which is

open to the public for observation, now will begin at 2:30.

The meeting is being held to discuss items of mutual interest, including the NRC’s new

pilot inspection program, human performance initiatives and corrective action program changes.

#
### **CHAPTER 14—FEDERAL ELECTION CAMPAIGNS**

#### SUBCHAPTER I—DISCLOSURE OF FEDERAL CAMPAIGN FUNDS

Sec.
431 to 434. Transferred.
435, 436.
Repealed.
437.
Transferred.
437a, 437b. Repealed.
437c, 437d. Transferred.
437e.
Repealed.
437f to 439a. Transferred.
439b.
Repealed.
439c.
Transferred.
440, 441.
Repealed.
441a to 441i. Transferred.
441j.
Repealed.
441k, 442.
Transferred.

#### SUBCHAPTER II—GENERAL PROVISIONS

451 to 455. Transferred.
456.
Repealed.
457.
Transferred.
### §3010. Co-owned property

(a) Limitation.—The remedies available to the United States under this chapter may be enforced against property which is co-owned by a debtor and any other person only to the extent allowed by the law of the State where the property is located. This section shall not be construed to limit any right or interest of a debtor or co-owner in a retirement system for Federal military or civilian personnel established by the United States or any agency thereof or in a qualified retirement arrangement.

(b) Definitions.—For purposes of subsection (a)—

(1) the term "retirement system for Federal military or civilian personnel" means a pension or annuity system for Federal military or civilian personnel of more than one agency, or for some or all of such personnel of a single agency, established by statute or by regulation pursuant to statutory authority; and

(2) the term "qualified retirement arrangement" means a plan qualified under section 401(a), 403(a), or 409 of the Internal Revenue Code of 1986 or a plan that is subject to the requirements of section 205 of the Employee Retirement Income Security Act of 1974.

(Added Pub. L. 101–647, title XXXVI, §3611, Nov. 29, 1990, 104 Stat. 4937.)

#### **Editorial Notes**

#### References in Text

Sections 401(a), 403(a), and 409 of the Internal Revenue Code of 1986, referred to in subsec. (b)(2), are classified to sections 401(a), 403(a), and 409, respectively, of Title 26, Internal Revenue Code.

Section 205 of the Employee Retirement Income Security Act of 1974, referred to in subsec. (b)(2), is classified to section 1055 of Title 29, Labor.

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

#### Effective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.
II 

117TH CONGRESS 

1ST SESSION S. 601 

To amend section 3661 of title 18, United States Code, to prohibit the 

consideration of acquitted conduct at sentencing. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2021 

Mr. DURBIN (for himself, Mr. GRASSLEY, Mr. LEAHY, Mr. LEE, Mr. BOOKER, 

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

referred to the Committee on the Judiciary 

A BILL 

To amend section 3661 of title 18, United States Code, 

to prohibit the consideration of acquitted conduct at sentencing. 

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 ‘‘Prohibiting Punish5 ment of Acquitted Conduct Act of 2021’’. 

6 SEC. 2. ACQUITTED CONDUCT AT SENTENCING. 

7 (a) USE OF INFORMATION FOR SENTENCING.— 

8 (1) AMENDMENT.—Section 3661 of title 18, 

9 United States Code, is amended by inserting ‘‘, exVerDate Sep 11 2014 03:15 Apr 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S601.IS S601

kjohnson on DSK79L0C42PROD with BILLS
2 

•S 601 IS

1 cept that a court of the United States shall not con2 sider, except for purposes of mitigating a sentence, 

3 acquitted conduct under this section’’ before the pe4 riod at the end. 

5 (2) APPLICABILITY.—The amendment made by 

6 paragraph (1) shall apply only to a judgment en7 tered on or after the date of enactment of this Act. 

8 (b) DEFINITIONS.—Section 3673 of title 18, United 

9 States Code, is amended— 

10 (1) in the matter preceding paragraph (1), by 

11 striking ‘‘As’’ and inserting the following: 

12 ‘‘(a) As’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(b) As used in this chapter, the term ‘acquitted con15 duct’ means— 

16 ‘‘(1) an act— 

17 ‘‘(A) for which a person was criminally 

18 charged and adjudicated not guilty after trial in 

19 a Federal, State, or Tribal court; or 

20 ‘‘(B) in the case of a juvenile, that was 

21 charged and for which the juvenile was found 

22 not responsible after a juvenile adjudication 

23 hearing; or 

24 ‘‘(2) any act underlying a criminal charge or ju25 venile information dismissed— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 601 IS

1 ‘‘(A) in a Federal court upon a motion for 

2 acquittal under rule 29 of the Federal Rules of 

3 Criminal Procedure; or 

4 ‘‘(B) in a State or Tribal court upon a mo5 tion for acquittal or an analogous motion under 

6 the applicable State or Tribal rule of criminal 

7 procedure.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Page 5557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2377]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical 
Sciences Special Emphasis Panel, Marc Prep.
    Date: March 1-2, 2004.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Holiday Inn Select Bethesda, 8120 Wisconsin Ave., 
Bethesda, MD 20814.
    Contact Person: Richard I. Martinez, PhD, Scientific Review 
Administrator, Office of Scientific Review, National Institute of 
General Medical Sciences, National Institutes of Health, Natcher 
Building, Room 3AN-12B, 45 Center Drive MSC 6200, Bethesda, MD 
20892-6200, 301 594-2849, <a href="/cdn-cgi/l/email-protection#aad8c79c99cceac4c3c284cdc5dc"><span class="__cf_email__" data-cfemail="186a752e2b7e58767170367f776e">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, 
Minority Biomedical Research Support; 93.821, Cell Biology and 
Biophysics Research; 93.859, Pharmacology, Physiology, and 
Biological Chemistry Research; 93.862, Genetics and Developmental 
Biology Research; 93.88, Minority Access to Research Careers; 93.96, 
Special Minority Initiatives, National Institutes of Health, HHS)

    Dated: January 28, 2004.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 04-2377 Filed 2-4-04; 8:45 am]
BILLING CODE 4140-01-M


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</html>
§ 145.22 Procedures for obtaining administrative review. If an addressee is dissatisfied with the amount of duty assessed under a mail entry made before December 18, 2004, he may obtain administrative review in the following ways: ( a ) He may pay the assessed duty, take delivery of the merchandise, and send a copy of the mail entry to the issuing CBP office indicated on the mail entry, together with a statement of the reason it is believed the duty assessed is incorrect. Any invoices, bills of sale, or other evidence should be submitted with the statement. The addressee may show the mail entry number and date on his statement instead of sending a copy of the mail entry, but this may result in delay.
( b ) He may postpone acceptance of the shipment, and within the time allowed by the Postal regulations provide the postmaster with a written statement of his objections. The postmaster will forward the mail entry together with the addressee's statement and any invoices, bills of sale, or other evidence submitted by the addressee to the port director who issued the entry, and retain custody of the shipment until advice is received from the port director as to the disposition to be made. If the addressee is located near one of the ports at which CBP officers are authorized to review mail entries (see 39 CFR 10.5), the postmaster may send the mail entry to that port, together with the addressee's statement and evidence, for reconsideration by the port director.
( c ) He may pay the assessed duty and take delivery of the merchandise, and file a protest under section 514, Tariff Act of 1930, as amended (19 U.S.C. 1514), in the form and manner prescribed in part 174 of this chapter. For mail entries made before December 18, 2004, a protest must be filed no later than 90 days after payment of the duties by the addressee. All other mail entries must be protested within 180 days after payment of the duties by the addressee.
[T.D. 73-175, 38 FR 13369, May 21, 1973, as amended by T.D. 78-99, 43 FR 13061, Mar. 29, 1978; CBP Dec. 11-02, 76 FR 2575, Jan. 14, 2011]
United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19406

Fax: 610/337-5241

Internet: dps@nrc.gov or nas@nrc.gov

I-99-44 April 15, 1999

Contact: Diane Screnci (610/337-5330) FOR IMMEDIATE RELEASE

Neil A. Sheehan (610/337-5331)

NRC ISSUES LATEST PERFORMANCE REVIEW FOR INDIAN POINT 3

The Nuclear Regulatory Commission staff has found that

safety performance remains acceptable at Indian Point 3 nuclear

power plant in the NRC’s latest plant performance review. The

plant, operated by the New York Power Authority (NYPA) is located

in Buchanan, N.Y.

This latest review assesses performance at the plant from

April 1998 through January 1999.

In a letter to NYPA outlining the results of the review, NRC

Region I official, A. Randolph Blough, said that “Performance was

acceptable in the area of operations with an emphasis on plant

safety and conservative decision-making.” Overall, he said,

engineering continued to improve, as did performance in work

control. Performance in the area of plant support, which

includes security, radiological controls and emergency

preparedness, remained effective.

Mr. Blough said that while performance was acceptable, “some

areas warranted continued attention.” He said the number of

emergent and repetitive equipment problems is evidence that

considerable challenges remain.

In addition to the normal NRC inspection program, the NRC

plans to conduct an operational safety team inspection at the

site. Two other inspections will review engineering and outage

planning, and maintenance program implementation.

The text of the plant performance review letter is available

from the NRC Region I Office of Public Affairs and on the NRC web

site at: http://www.nrc.gov/OPA/ppr.

NRC reviews safety performance twice a year at every

licensed nuclear power plant in the nation. These reviews,

called plant performance reviews (PPRs) give the agency staff an

integrated assessment of plant performance and provide a basis

for planning inspection activities.

Plant performance reviews are an interim measure NRC is
utilizing to monitor nuclear power plant safety. The agency

began using it for this purpose after suspending the Systematic

Assessment of License Performance (SALP) process until a new

oversight and assessment program is developed. Previously, SALP

reports were issued every 12 to 24 months.

The new reactor oversight and assessment program being

developed will provide quarterly performance reports, based on a

number of performance indicators and on inspection findings.

This program will be tested at eight plants beginning in June and

will be extended to all plants next January. A full description

of the new program is available on the NRC web site at:

http://www.nrc.gov/OPA/primer.htm.

#
### §6114. Appointment and compensation of Administrative Assistant, Legislative Assistant, and Executive Secretary for Deputy President pro tempore of Senate

Effective April 1, 1977, the Deputy President pro tempore is authorized to appoint and fix the compensation of an Administrative Assistant at not to exceed $47,595 per annum; a Legislative Assistant at not to exceed $40,080 per annum, and an Executive Secretary at not to exceed $23,380 per annum.

(Pub. L. 95–26, title I, May 4, 1977, 91 Stat. 80.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 61l of this title prior to editorial reclassification and renumbering as this section.

Section is from the Supplemental Appropriations Act, 1977.

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

#### Increases in Compensation

Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of the President pro tempore of the Senate, set out as notes under section 4571 of this title.
Presidential Documents

61733 

Federal Register 

Vol. 69, No. 202 

Wednesday, October 20, 2004 

Title 3— 

The President 

Notice of October 19, 2004 

Continuation of the National Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia 

On October 21, 1995, by Executive Order 12978, the President declared 

a national emergency pursuant to the International Emergency Economic 

Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the 

United States constituted by the actions of significant narcotics traffickers 

centered in Colombia, and the extreme level of violence, corruption, and 

harm such actions cause in the United States and abroad. 

The order blocks all property and interests in property that are in the 

United States or within the possession or control of United States persons 

or foreign persons listed in an annex to the order, as well as of foreign 

persons determined to play a significant role in international narcotics trafficking centered in Colombia. The order similarly blocks all property and 

interests in property of foreign persons determined to materially assist in, 

or provide financial or technological support for or goods or services in 

support of, the narcotics trafficking activities of persons designated in or 

pursuant to the order, or persons determined to be owned or controlled 

by, or to act for or on behalf of, persons designated in or pursuant to 

the order. The order also prohibits any transaction or dealing by United 

States persons or within the United States in such property or interests 

in property. 

Because the actions of significant narcotics traffickers centered in Colombia 

continue to threaten the national security, foreign policy, and economy 

of the United States and to cause an extreme level of violence, corruption, 

and harm in the United States and abroad, the national emergency declared 

on October 21, 1995, and the measures adopted pursuant thereto to deal 

with that emergency, must continue in effect beyond October 21, 2004. 

Therefore, in accordance with section 202(d) of the National Emergencies 

Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency 

with respect to significant narcotics traffickers centered in Colombia. This 

notice shall be published in the Federal Register and transmitted to the 

Congress. 

W 

THE WHITE HOUSE, 

October 19, 2004. 

[FR Doc. 04–23731 

Filed 10–19–04; 2:29 pm] 

Billing code 3195–01–P
NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION IV

611 Ryan Plaza Drive - Suite 400

Arlington TX 76011-8064

No. IV-00-39 November 8, 2000

CONTACT: Breck Henderson

Phone: 817-860-8128

Cellular: 817-917-1227

e-mail: bwh@nrc.gov

NRC REGION IV TO HOLD PUBLIC WORKSHOP

TO DISCUSS NEW REACTOR OVERSIGHT PROCESS

The U.S. Nuclear Regulatory Commission staff will conduct a one-day, public workshop in

Arlington, Texas, to discuss the progress, challenges and successes of the new reactor oversight

process, which it implemented earlier this year.

The workshop will be held from 8 a.m. - 5 p.m. on Wednesday, November 15, at the Arlington

Hilton Hotel, 2401 E. Lamar Blvd., Arlington, Texas. The public is invited to attend and participate.

To register, contact Grant Larkin by e-mail at GFL1@nrc.gov or by telephone at 817-276-6532. NRC

Regional Administrator Ellis W. Merschoff and other NRC staff from Region IV will participate.

Frank Miraglia, NRC Deputy Executive Director for Regulatory Programs, from NRC headquarters in

Rockville, Maryland, will make closing remarks.

The workshop is being conducted to provide for candid discussions of the successes and

challenges that have been experienced with the new reactor oversight process. This will be

accomplished via panel discussions in the areas of the significance determination process, inspection

reports and inspection impact, performance indicators, and assessment and enforcement processes.

The NRC implemented its new reactor oversight process at all of the nation’s operating nuclear

reactors in April. The new process revamps the inspection, assessment and enforcement programs for

commercial nuclear power plants. The revamped programs are designed to make the NRC more

effective and efficient as the nation’s regulator of nuclear power safety.

For more information about the new reactor oversight process, go to

www.nrcgov/NRR/OVERSIGHT/index.html on the NRC’s website.

###
### §61g–7. Transferred

#### **Editorial Notes**

#### Codification

Section 61g–7 was editorially reclassified as section 6157 of this title.
Editorial Note on Part 10
Editorial Note: Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

§ 10.877 Direct costs of processing operations. ( a ) *Items included.* For purposes of § 10.873(b) of this subpart, the words “direct costs of processing operations”, with respect to a good, mean those costs either directly incurred in, or that can be reasonably allocated to, the growth, production, or manufacture of the good in the territory of one or both of the Parties. Such costs include, to the extent they are includable in the appraised value of the good when imported into a Party, the following: ( 1 ) All actual labor costs involved in the growth, production, or manufacture of the specific good, including fringe benefits, on-the-job training, and the costs of engineering, supervisory, quality control, and similar personnel;
( 2 ) Tools, dies, molds, and other indirect materials, and depreciation on machinery and equipment that are allocable to the specific good;
( 3 ) Research, development, design, engineering, and blueprint costs, to the extent that they are allocable to the specific good;
( 4 ) Costs of inspecting and testing the specific good; and
( 5 ) Costs of packaging the specific good for export to the territory of the other Party.
( b ) *Items not included.* For purposes of § 10.873(b) of this subpart, the words “direct costs of processing operations” do not include items that are not directly attributable to the good or are not costs of growth, production, or manufacture of the good. These include, but are not limited to: ( 1 ) Profit; and
( 2 ) General expenses of doing business that are either not allocable to the good or are not related to the growth, production, or manufacture of the good, such as administrative salaries, casualty and liability insurance, advertising, and salesmen's salaries, commissions, or expenses.