alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §935. Calculating a sequestration

#### (a) Reducing nonexempt budgetary resources by a uniform percentage

#### (1) In general

OMB shall calculate the uniform percentage by which the budgetary resources of nonexempt direct spending programs are to be sequestered such that the outlay savings resulting from that sequestration, as calculated under subsection (b), shall offset the budget-year debit, if any, on the applicable PAYGO scorecard. If the uniform percentage calculated under the prior sentence exceeds 4 percent, the Medicare programs described in section 906(d) of this title shall be reduced by 4 percent and the uniform percentage by which the budgetary resources of all other nonexempt direct spending programs are to be sequestered shall be increased, as necessary, so that the sequestration of Medicare and of all other nonexempt direct spending programs together produce the required outlay savings.

#### (2) Programs and activities in unified budget only

Subject to the exemptions set forth in section 11,1 OMB shall determine the uniform percentage required under paragraph (1) with respect to programs and activities contained in the unified budget only.

#### (b) Outlay savings

In determining the amount by which a sequestration offsets a budget-year debit, OMB shall count—

(1) the amount by which the sequestration in a crop year of crop support payments, pursuant to section 906(j) of this title, reduces outlays in the budget year and the subsequent fiscal year;

(2) the amount by which the sequestration of Medicare payments in the 12-month period following the sequestration order, pursuant to section 906(d) of this title, reduces outlays in the budget year and the subsequent fiscal year; and

(3) the amount by which the sequestration in the budget year of the budgetary resources of other nonexempt mandatory programs reduces outlays in the budget year and in the subsequent fiscal year.

(Pub. L. 111–139, title I, §6, Feb. 12, 2010, 124 Stat. 16.)

#### **Editorial Notes**

#### References in Text

Section 11, referred to in subsec. (a)(2), means section 11 of Pub. L. 111–139, which amended section 905 of this title.

1 See References in Text note below.
§ 179.209 Voluntary repayment agreement as alternative to salary offset. ( a ) ( 1 ) In response to a notice of intent, an employee may propose to repay the debt by making voluntary installment payments as an alternative to salary offset. An employee who wishes to repay a debt without salary offset shall submit in writing a proposed agreement to repay the debt. The proposal shall admit the existence of the debt, and the agreement must be in such form that it is legally enforceable. The agreement must: ( i ) Be in writing;
( ii ) Be signed by both the employee and the creditor agency;
( iii ) Specify all the terms of the arrangement for payment; and
( iv ) Contain a provision accelerating the debt in the event of default by the debtor, but such an increase may not result in a deduction that exceeds 15 percent of the employee's disposable pay unless the employee has agreed in writing to deduction of a greater amount (5 CFR 550.1104(i)).
( 2 ) Any proposal under paragraph (a) of this section must be received by the official designated in the notice of intent within 30 calendar days after receipt of the notice.
( b ) The creditor agency will review a timely and properly submitted repayment proposal by the employee debtor and notify the employee whether the proposed written agreement for repayment is acceptable. It is within the creditor agency's discretion to accept a repayment agreement instead of proceeding by offset.
( c ) If the creditor agency decides that the proposed repayment agreement is unacceptable, the employee will have 15 days from the date he or she received notice of that decision to file a petition for a hearing or a special review as provided by § 179.210.
( d ) If the creditor agency decides that the proposed repayment agreement is acceptable, the alternative arrangement must be in writing, signed by both the employee and the creditor agency designee and meet the other requirements of this section for a voluntary repayment agreement.
§ 182.111 Commercial samples of negligible value. ( a ) *General.* Commercial samples of negligible value imported from Canada or Mexico may qualify for duty-free entry under subheading 9811.00.60, HTSUS. For purposes of this section, “commercial samples of negligible value” means commercial samples which have a value, individually or in the aggregate as shipped, of not more than one U.S. dollar, or the equivalent amount in the currency of Canada or Mexico, or which are so marked, torn, perforated, or otherwise treated that they are unsuitable for sale or for use except as commercial samples.
( b ) *Qualification for duty-free entry.* Commercial samples of negligible value imported from Canada or Mexico will qualify for duty-free entry under subheading 9811.00.60, HTSUS, only if: ( 1 ) The samples are imported solely for the purpose of soliciting orders for foreign goods or services; and
( 2 ) If valued over one U.S. dollar, the samples are properly marked, torn, perforated or otherwise treated prior to arrival in the United States so that they are unsuitable for sale or for use except as commercial samples.
No. 98-20705

-1-

 

* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-20705

Summary Calendar

 

BLAKE FLORIN HARRIS,

Plaintiff-Appellant,

versus

GLENDA ADAMS; MICHAEL WARREN;

HERMAN E. SCHAFFER; J.D. WILLIAMS, JR.,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-97-CV-3081

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

March 1, 2000

Before SMITH, BARKSDALE, and PARKER, Circuit Judges.

PER CURIAM:*

Blake Florin Harris (“Harris”) filed a pro se 42 U.S.C.

§ 1983 complaint alleging that Glenda Adams (“Dr. Adams”),

Eastern Regional Medical Director of the Texas Department of

Criminal Justice (“TDCJ”), Michael Warren (“Dr. Warren”), Deputy

Director for Health Services of the TDCJ, Herman Schaffer (“Dr.

Schaffer”), and J. D. Williams, Jr. (“Dr. Williams”) violated his

constitutional rights under the Eighth and Fourteenth Amendments. 

Following a hearing pursuant to Cay v. Estelle, 789 F.2d 318 (5th
No. 98-20705

-2-

Cir. 1986), and Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985),

the district court dismissed Harris’ action as frivolous pursuant

to 28 U.S.C. § 1915(e)(2)(B)(i). We have reviewed the briefs and

the record and conclude that the district court did not abuse its

discretion. See Black v. Warren, 134 F.3d 732, 733-34 (5th Cir.

1998). The district court’s decision is AFFIRMED, and Harris’

motion for the appointment of counsel is DENIED.

AFFIRMED. MOTION FOR APPOINTMENT OF COUNSEL DENIED.
### §3504a. Ocean and coastal mapping Federal funding opportunity

#### (a) In general

Not later than one year after the date of the enactment of the National Ocean Exploration Act,1 the Administrator shall develop an integrated ocean and coastal mapping Federal funding match opportunity, to be known as the "Brennan Ocean Mapping Fund" in memory of Rear Admiral Richard T. Brennan, within the National Oceanic and Atmospheric Administration with Federal, State, Tribal, local, nonprofit, private industry, or academic partners in order to increase the coordinated acquisition, processing, stewardship, and archival of new ocean and coastal mapping data in United States waters.

#### (b) Rules

The Administrator shall develop administrative and procedural rules for the ocean and coastal mapping Federal funding match opportunity developed under subsection (a), to include—

(1) specific and detailed criteria that must be addressed by an applicant, such as geographic overlap with preestablished priorities, number and type of project partners, benefit to the applicant, coordination with other funding opportunities, and benefit to the public;

(2) determination of the appropriate funding match amounts and mechanisms to use, such as grants, agreements, or contracts; and

(3) other funding award criteria as are necessary or appropriate to ensure that evaluations of proposals and decisions to award funding under this section are based on objective standards applied fairly and equitably to those proposals.

#### (c) Geospatial services and contract vehicles

The ocean and coastal mapping Federal funding match opportunity developed under subsection (a) shall leverage Federal expertise and capacities for geospatial services and Federal geospatial contract vehicles using the private sector for acquisition efficiencies.

(Pub. L. 111–11, title XII, §12206, as added Pub. L. 117–263, div. J, title CIII, §10307(e)(2), Dec. 23, 2022, 136 Stat. 3978.)

#### **Editorial Notes**

#### References in Text

The date of the enactment of the National Ocean Exploration Act, referred to in subsec. (a), probably means the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022. Prior versions of the bill that was enacted into law as title CIII of div. J of Pub. L. 117–263 included such Short Title, but it was not enacted as part of Pub. L. 117–263.

#### Prior Provisions

A prior section 12206 of Pub. L. 111–11 was renumbered 12208 and is classified to section 3505 of this title.

1 See References in Text note below.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice: 10638]

# SUMMARY:

                        Notice is hereby given of the following determinations: I hereby determine that certain objects to be included in the exhibition “Caravans of Gold, Fragments in Time: Art, Culture, and Exchange across Medieval Saharan Africa,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Mary and Leigh Block Museum of Art, Northwestern University, Evanston, Illinois, from on or about January 25, 2019, until on or about July 21, 2019, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these determinations be published in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

                        Elliot Chiu, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email:                         *section2459@state.gov*). The mailing address is U.S. Department of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.                    

# SUPPLEMENTARY INFORMATION:

                    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                     *et seq.;*22 U.S.C. 6501 note,                     *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 2000, and Delegation of Authority No. 236-21 of December 14, 2018.                

Jennifer Z. Galt,

Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State.

[FR Doc. 2018-27723 Filed 12-20-18; 8:45 am]

 BILLING CODE 4710-05-P
§ 207.105 Confidentiality. ( a ) *Protection of proprietary and privileged information.* As the administrative law judge deems reasonably necessary for the preparation of the defense of a charged party, the attorney for the charged party may be granted access in these proceedings to proprietary information or to the privileged information, the disclosure of which is the subject of the proceedings. Any such access shall be under protective order consistent with the provisions of this subpart.
( b ) *Confidentiality of proceedings.* Upon the request of any charged party pursuant to § 207.106 of this subpart, the administrative law judge will issue an appropriate confidentiality order. This order will provide for the confidentiality, to the extent practicable and permitted by law, of information relating to allegations concerning the commitment of a prohibited act, consistent with public policy considerations and the needs of the parties in conducting the sanctions proceedings. The order will provide that all proceedings under this provision shall be kept confidential within the terms of the order, except to the extent that a discussion of such proceedings is incorporated into a published final decision of the Commission. Any confidential information not disclosed in such decision will remain protected.
# Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization 

# Memorandum for the Secretary of State

Pursuant to the authority and conditions contained in section 534(d) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004, Public Law 108-199, as provided for in the Joint Resolution Making Continuing Appropriations for the Fiscal Year 2005, and for other Purposes (Public Law 108-309), I hereby determine and certify that it is important to the national security interests of the United States to waive the provisions of section 1003 of the Anti-Terrorism Act of 1987, Public Law 100-204. 

                    This waiver shall be effective for a period of 6 months from the date hereof. You are hereby authorized and directed to transmit this determination to the Congress and to publish it in the                     **Federal Register**                    .                

[FR Doc. 04-24131

Billing code 4710-10-P
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-14-00039-CR

James FERNANDEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 83rd Judicial District Court, Val Verde County, Texas

Trial Court No. 12716-CR

Honorable Stephen B. Ables, Judge Presiding

BEFORE CHIEF JUSTICE STONE, JUSTICE ANGELINI, AND JUSTICE MARTINEZ

In accordance with this court’s memorandum opinion of this date, the judgment of the trial 

court is AFFIRMED.

SIGNED December 31, 2014.

_____________________________

Karen Angelini, Justice
<PAGE>   1



EXHIBIT 12

FRANKLIN FINANCE CORPORATION

COMPUTATION OF RATIO OF INCOME TO FIXED CHARGES
AND PREFERRED STOCK DIVIDEND REQUIREMENTS



<TABLE>
<CAPTION>
                                                                           FOR THE YEARS ENDED
                                                                               DECEMBER 31,
                                                          -------------------------------------------------------
                                                             2000                  1999                  1998
                                                          -------------------------------------------------------
<S>                                                       <C>                   <C>                   <C>
Net income                                                $2,847,455            $2,467,247            $2,763,552
Fixed charges:
Income before fixed charges                                2,847,455             2,467,247             2,763,552
Fixed charges, as above
Preferred stock dividend requirements                      1,800,900             1,800,900             1,801,447
Fixed charges and preferred stock dividends                1,800,900             1,800,900             1,801,447
Ratio of income to fixed charges
  and prefered stock dividend requirements                      1.58                  1.37                  1.53

</TABLE>




                                       35
§ 1690.13 Guardianship and conservatorship orders. ( a ) A court order can authorize an agent to conduct business with the TSP on behalf of an incapacitated participant or beneficiary. The agent is called a guardian or conservator and the incapacitated person is called a ward. The TSP record keeper must approve a court order before an agent can conduct business with the TSP; however, the TSP record keeper will accept a document that was signed by the agent before the TSP record keeper approved the court order. The TSP record keeper will approve a court order appointing an agent if the following conditions are met: ( 1 ) A court of competent jurisdiction (as defined at § 1690.1) must have issued the court order;
( 2 ) The court order must give the agent either general or specific powers, as explained in paragraphs (b) and (c) of this section; and
( 3 ) The agent must demonstrate that he or she meets any precondition specified in the court order, such as a bonding requirement.
( b ) A general grant of authority gives a guardian or conservator unlimited authority to conduct business with the TSP, including the authority to sign any TSP-related document. By way of example, an order gives a general grant authority by appointing a “guardian of the ward's estate,” by permitting a guardian to “conduct business transactions” for the ward, or by authorizing a guardian to care for the ward's “personal property” or “Federal Government retirement benefits.”
( c ) A specific grant of authority gives a guardian or conservator authority to conduct specific TSP transactions. Such an order must expressly describe the authority it grants. By way of example, an order may authorize an agent to “obtain information about the ward's TSP account” or “borrow or withdraw funds from the ward's TSP account.”
[87 FR 31696, May 24, 2022]
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS -- REGION I

 475 Allendale Road

 King of Prussia, PA 19406

No. I-02-067 November 27, 2002

CONTACT: Diane Screnci, (610) 337-5330 E-mail: opa1@nrc.gov

Neil A. Sheehan, (610) 337-5331

NRC ISSUES FINAL SIGNIFICANCE DETERMINATION 

FOR TWO EMERGENCY PREPAREDNESS FINDINGS AT PEACH BOTTOM

The Nuclear Regulatory Commission has issued a final significance determination for two

emergency preparedness findings at the Peach Bottom Atomic Power Station in Delta, PA. One of the

findings has been characterized as “white,” while the other is “green.”

The plant is operated by Exelon Generation Company.

Under its safety significance determination process, NRC officials classify certain conditions at

nuclear power plants as being one of four colors which delineate increasing levels of safety

significance, beginning with "green" and progressing to "white," "yellow" or "red." 

On July 19, the NRC issued an inspection report detailing two findings - preliminarily

characterized as white - and offering the company the opportunity to meet with the agency to discuss

the findings. Exelon requested the meeting, which was held on August 23. The first finding, which

was preliminarily characterized as "white" -- an issue of low to moderate safety significance -- is

associated with Exelon’s inadequate critique of a February emergency preparedness exercise.

The second finding, also preliminarily characterized as "white," stems from a delay in making

an "Alert" classification during an actual event in June. (The NRC uses several classifications for

significant events at nuclear power plants, ranging from the least significant category of "Unusual

Event," increasing to "Alert," "Site Area Emergency" and "General Emergency," the most significant.) 

On June 2, the carbon-dioxide fire-suppression system for one of the emergency diesel generator

rooms unexpectedly discharged, an event requiring the declaration of an Alert because the diesel room

was uninhabitable. Although the company declared the alert in 31 minutes, there was an unnecessary

delay due in part to a lapse, for several minutes, in the shift crew’s use of their event classification

procedures. 

In both cases, the company argued that the findings should have been characterized as green. 

The NRC has considered the information presented by Exelon at the August regulatory

conference and information gathered during the inspection. With respect to the first finding, the NRC

has determined it should be characterized as green. 
With respect to the second finding, the NRC maintains it was appropriately characterized as

white. In addition, Exelon was issued a notice of violation for the delay in declaring the alert. These

findings did not affect Exelon’s ability to appropriately respond to the emergency situation and protect

public health and safety. 

"White" inspection findings result in additional NRC inspections.

Exelon has 10 days to contest the significance determination and 30 days to respond to the

notice of violation.

###
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

The Board of Directors 

Barbeques GaloreLimited: 

 

We consent to the incorporation by reference in theRegistration Statements (Nos. 333-46529, 333-52530 and 333-52532) on Form S-8 of Barbeques Galore Limited of our report dated July 21, 2005, with respect to the consolidated balance sheets of Barbeques Galore Limited and subsidiaries as of January31, 2005 and 2004, the related consolidated statements of operations and comprehensive income (loss), shareholders’ equity and cash flows for the years ended January 31, 2005, 2004 and 2003 and the related financial statement schedule, whichreport appears in the January 31, 2005 Annual Report on Form 20-F of Barbeques Galore Limited and to the reference to our firm under the heading “Selected Financial Data” in the Form 20-F. 

 

As discussed in Note 1.B to the consolidated financial statements, theCompany has restated its consolidated financial statements as of January 31, 2004 and for the years ended January 31, 2004 and 2003. 

 

/s/    KPMG 

KPMG

August 9, 2005 

Sydney, Australia