alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §2522. Notice of appeal

Review of a decision of the United States Court of Federal Claims shall be obtained by filing a notice of appeal with the clerk of the Court of Federal Claims within the time and in the manner prescribed for appeals to United States courts of appeals from the United States district courts.

(Added Pub. L. 97–164, title I, §139(q)(1), Apr. 2, 1982, 96 Stat. 44; amended Pub. L. 102–572, title IX, §902(a), Oct. 29, 1992, 106 Stat. 4516.)

#### **Editorial Notes**

#### Amendments

1992—Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court" and "Court of Federal Claims" for "Claims Court".

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

#### Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

#### Effective Date

Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
### §642a. Rank, pay, and allowances of Corps of Engineers officers serving as President of Mississippi River Commission

Any officer of the Corps of Engineers who has served or shall serve four years as President of the Mississippi River Commission and who has been or shall subsequently be retired, shall, from the date of such retirement, receive the rank, pay, and allowances of a retired major general.

(June 15, 1936, ch. 548 (pt.), as added Aug. 18, 1941, ch. 377, §3, 55 Stat. 644.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 1026b of title 10 prior to the general revision and enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, §1, 70A Stat. 1.
Ernest Wooden Jr. 

President and CEO

I am writing to encourage you to preserve Open Skies. For 25 years Open Skies has provided 

a free and open market that has been the cornerstone of growth within the international aviation 

industry. Over the years, cities across the United States have benefited enormously from open 

access to international markets that have allowed millions of international visitors to travel to the 

United States.

As access to international markets has grown, the benefits of Open Skies has expanded from 

the top major gateways to mid-size airports across the country that today attract international 

trade and travelers. 

LAX is the nation’s second busiest airport with more than 70 million passengers, and is proud to 

be the number one U.S. airport for origin and destination travel. This ranking is, in large part, 

due to the growth of foreign carriers, many of which have received some level of government 

support. 

Today, LAX offers more than 1,000 weekly nonstop flights to 71 international destinations in 27 

countries on 48 commercial air carriers. The U.S. legacy carriers are indeed important to LAX 

and are collaborative partners in the growth of international travel. Given that LAX is not a hub 

airport or dominated by any one U.S. carrier, its international growth has been dependent on its 

ability to attract the foreign flag carriers which have contributed mightily to the Los Angeles 

economy. 

After years of pursuing the lucrative Gulf visitor market, Los Angeles has made significant inroads to attracting this region which is significantly impacting LA’s hospitality community as well 

as retail and restaurants sectors. The singular factor in attracting this market has been LAX’s 

ability to attract air service between LAX and the Gulf region.

As a major destination, Los Angeles acutely understands the economic importance of 

international visitation and the intrinsic link to airline service and route development. Last year, 

the Los Angeles economy benefited from $19.6 billion in direct visitor spend – with 33% of that 

spend generated directly from international visitors. 

Restricting capacity and airline competition will directly limit a destination’s ability to grow its 

international visitor market. Instead, Open Skies should be hailed for the expansion of the 

international marketplace over the past two decades and supported as the path to continued 

growth to new markets. 

Sincerely,

Ernest Wooden Jr. 

President & CEO

Los Angeles Tourism & Convention Board
§ 2638.210 Presidential transition planning. Prior to any Presidential election, each agency has a responsibility to prepare its agency ethics program for a Presidential transition. Such preparations do not constitute support for a particular candidate and are not reflective of a belief regarding the likely outcome of the election; rather, they reflect an understanding that agencies are responsible for ensuring the continuity of governmental operations. ( a ) *Preparing the ethics program for a transition.* The agency head or the DAEO must, not later than 12 months before any Presidential election, evaluate whether the agency's ethics program has an adequate number of trained agency ethics officials to effectively support a Presidential transition.
( b ) *Support by the Office of Government Ethics.* In connection with any Presidential election, the Office of Government Ethics will: ( 1 ) Prior to the election, offer training opportunities for agency ethics officials on counseling departing noncareer appointees on post-employment restrictions, reviewing financial disclosure reports, drafting ethics agreements for Presidential nominees, and counseling new noncareer appointees on conflict of interest laws and the Standards of Conduct; and
( 2 ) After the election, in the event of a Presidential transition, proactively assist the Presidential Transition Team in preparing for Presidential nominations, coordinate with agency ethics officials, and develop plans to implement new initiatives related to government ethics.
### §989. Special reports

(a) Repealed. Pub. L. 104–66, title I, §1121(j), Dec. 21, 1995, 109 Stat. 724.

(b) The Corporation, after July 17, 1957, shall submit special reports to the Congress whenever there is proposed a new feature, design, or phase of the seaway project, not heretofore included in estimates, or whenever there is proposed an abandonment of any feature, design, or phase, heretofore included in estimates, involving an estimated value exceeding one million dollars, and such special reports shall include justification for the modifications.

(May 13, 1954, ch. 201, §10, 68 Stat. 96; Pub. L. 85–108, §1(5), July 17, 1957, 71 Stat. 308; Pub. L. 104–66, title I, §1121(j), Dec. 21, 1995, 109 Stat. 724.)

#### **Editorial Notes**

#### Amendments

1995—Subsec. (a). Pub. L. 104–66 struck out subsec. (a) which read as follows: "The Corporation shall submit to the President for transmission to the Congress at the beginning of each regular session an annual report of its operations under this chapter."

1957—Pub. L. 85–108 designated existing provisions as subsec. (a) and added subsec. (b).
PUBLIC LAW 106–439—NOV. 6, 2000 114 STAT. 1923

LEGISLATIVE HISTORY—H.R. 4451:

CONGRESSIONAL RECORD, Vol. 146 (2000):

Sept. 25, considered and passed House.

Oct. 24, considered and passed Senate.

Æ

Public Law 106–439

106th Congress

An Act

To designate the facility of the United States Postal Service located at 1001 Frederick

Road in Baltimore, Maryland, as the ‘‘Frederick L. Dewberry, Jr. Post Office

Building’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The facility of the United States Postal Service located at

1001 Frederick Road in Baltimore, Maryland, shall be known and

designated as the ‘‘Frederick L. Dewberry, Jr. Post Office Building’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the facility referred to

in section 1 shall be deemed to be a reference to the ‘‘Frederick

L. Dewberry, Jr. Post Office Building’’.

Approved November 6, 2000.

Nov. 6, 2000

[H.R. 4451]
#### § 178.103 Claim filed by a claimant's representative.

A claim filed by a claimant's representative must be supported by a duly executed power of attorney or other documentary evidence of the representative's right to act for the claimant.
§ 300.401 Definitions. For purposes of this subpart: ( a ) A *commercial recruiting firm* is a profit-making entity which, by contract, supplies individual candidates for consideration for specific Federal vacancies, in accordance with the requirements set by the Federal agency.
( b ) A *nonprofit employment service* is one legally established as nonprofit under State law. It may be operated, for example, by professional societies, organizations of college graduates, social agencies, or a State or local government. Federal agencies may not, however, use a nonprofit employment service sponsored by a partisan political organization. By contract, a nonprofit employment service supplies individual candidates for consideration for specific Federal vacancies, in accordance with the requirements set by the Federal agency.
### §915. Invalid agreements

(a) No agreement by an employee to pay any portion of premium paid by his employer to a carrier or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies as required by this chapter shall be valid, and any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000.

(b) No agreement by an employee to waive his right to compensation under this chapter shall be valid.

(Mar. 4, 1927, ch. 509, §15, 44 Stat. 1434.)
#### John Guzzardo, Respondent, v. Beatrice Traub et al., Appellants.

Close, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.
NRC NEWS

 UNITED STATES NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION II

61 Forsyth Street SW, Atlanta GA 30303

Web Site: www.nrc.gov

No. II-05-021 April 22, 2005

CONTACT: Ken Clark (404)562-4416 E-mail: OPA2@nrc.gov

Roger Hannah (404)562-4417

 

NRC TO MEET WITH SOUTHERN NUCLEAR OFFICIALS TO DISCUSS

 SAFETY PERFORMANCE AT FARLEY NUCLEAR POWER PLANT

The U.S. Nuclear Regulatory Commission staff will meet with Southern Nuclear Operating

Company officials on Wednesday, April 27, to discuss the results of NRC's annual assessment of

safety performance at the Farley nuclear power plant near Dothan, Ala.

The meeting will be held at 4:00 p.m. at the Houston County Administration Building, 3rd

Floor, County Commissioners’ Chambers, 462 North Oats Street, in Dothan. The public is invited to

observe the meeting, and NRC officials will be available before the conclusion of the meeting to

answer any questions.

A letter from the NRC to Southern Nuclear addresses plant safety performance during the

previous year and forms the basis for the meeting discussions. It says Farley operated safely and that

plant performance was at a level requiring no additional NRC inspection beyond normal during 2005. 

 The letter is available from Region II Public Affairs and on the NRC web site at

www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/far_2004q4.pdf .

In addition to the routine inspections, the NRC will conduct inspections of the reactor vessel

head replacement, pressurizer penetration nozzles and the plant’s Independent Spent Fuel (Dry Cask)

Storage Installation. 

 The NRC Region II Administrator, Dr. William Travers, said “each year the NRC staff rates the

performance of the Farley plant and all of the nation’s other commercial nuclear plants. This gives us

a chance to discuss our assessment with the company, with local officials and with residents near the

plant. Our aim is to make this information available to the public and answer any questions people

may have about our oversight.”

 Routine inspections are performed by NRC resident inspectors assigned to the plant and by

specialists from the Region II office in Atlanta and the agency’s headquarters in Rockville, Md.

Current performance indicators for the two units at the Farley plant are available at

www.nrc.gov/NRR/OVERSIGHT/ASSESS/FAR1/far1_chart.html and

www.nrc.gov/NRR/OVERSIGHT/ASSESS/FAR2/far2_chart.html

###
NRC NEWS             U.S. NUCLEAR REGULATORY COMMISSION                       Office of Public Affairs              Telephone: 301/415-8200

                              Washington, D.C. 20555-0001       E-mail: opa@nrc.gov  Web Site: http://www.nrc.gov

No. 06-051                                                                                                                     April 12, 2006

NRC EARNS GOLD STAR AWARD DURING “SMALL BUSINESS WEEK”

The Nuclear Regulatory Commission is one of three federal agencies that is being recognizedtoday during Small Business Week 2006 for its exemplary performance and commitment to providingcontracting and subcontracting opportunities for small, women-owned and disadvantaged businesses.  

The award is being given by the Small Business Administration (SBA). The SBA is presentingthe Gold Star Award to the NRC for its impressive achievements in Fiscal Year 2005, includingawarding 37.8% of its total prime contract dollars to small businesses, 9.1% to 8(a) firms, and 8.5% towomen-owned small businesses. 

At the NRC, the Office of Small Business and Civil Rights (SBCR) oversees this program,supported by headquarters and regional offices. “Diversity and equality can only be achieved by fullparticipation,” said Luis Reyes, Executive Director for Operations, “We’ve got a lot of good peopledoing a lot of good things and I applaud this teamwork.”

SBCR Office Director Corenthis Kelley will be accepting the Gold Star Award on behalf of theNRC at the U.S. Chamber of Commerce.  For more information, please contact Mauricio Vera, SmallBusiness Program Manager at 301-415-7160 or mxv@nrc.gov.

###
#### § 300.402 Coverage.

This part applies to filling positions in the competitive service; positions in the expected service under Schedules A, B, and C; and positions in the Senior Executive Service.

[57 FR 10124, Mar. 24, 1992]
§ 212.05 Standards for awards. ( a ) The determination whether an applicant is a prevailing party shall be made on a case-by-case basis.
( b ) A prevailing applicant may receive an award for fees and expenses incurred in connection with an adversary adjudication, or in a significant and discrete substantive portion of the adversary adjudication, unless the position of the Commission investigative attorney was substantially justified. The burden of proof that an award should not be made to an eligible prevailing applicant is on the Commission investigative attorney. An award may be avoided by showing that the position of the Commission was reasonable in law and fact.
( c ) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the adversary adjudication or if special circumstances make the award sought unjust. The burden of proof that an award should be reduced or denied for either of these reasons is on the Commission investigative attorney.
§ 2608.103 Definitions. The following definitions apply to this part: *Demand* means a subpoena, or an order or other command of a court or other competent authority, for the production, disclosure, or release of records or for the appearance and testimony of an OGE employee that is issued in a legal proceeding.
*General Counsel* means the General Counsel of OGE or a person to whom the General Counsel has delegated authority under this part.
*Legal proceeding* means any matter before a court of law, administrative board or tribunal, commission, administrative law judge, hearing officer, or other body that conducts a legal or administrative proceeding. Legal proceeding includes all phases of litigation.
*OGE* means the U.S. Office of Government Ethics.
*OGE employee or employee* means: ( 1 ) ( i ) Any current or former officer or employee of OGE;
( ii ) Any other individual hired through contractual agreement by or on behalf of OGE or who has performed or is performing services under such an agreement for OGE; and
( iii ) Any individual who served or is serving in any consulting or advisory capacity to OGE, whether formal or informal.
( 2 ) Provided, that this definition does not include persons who are no longer employed by OGE and who are retained or hired as expert witnesses or who agree to testify about general matters, matters available to the public, or matters with which they had no specific involvement or responsibility during their employment with OGE.
*Records or official records and information* mean: ( 1 ) All documents and materials which are OGE agency records under the Freedom of Information Act, 5 U.S.C. 552;
( 2 ) All other documents and materials contained in OGE files; and
( 3 ) All other information or materials acquired by an OGE employee in the performance of his or her official duties or because of his or her official status.
*Request* means any informal request, by whatever method, for the production of records and information or for testimony which has not been ordered by a court or other competent authority.
*Testimony* means any written or oral statements, including depositions, answers to interrogatories, affidavits, declarations, interviews, and statements made by an individual in connection with a legal proceeding.
**Exhibit 3.4**

**CERTIFICATEOF SECRETARY**

**I herebycertify that:**

 

I am the dulyelected and acting Secretary of Cymer, Inc., a Nevada corporation (the“Company”); and

 

Attached hereto isa complete and accurate copy of an amendment to the Bylaws of the Company, asduly adopted by the Board of Directors by Unanimous Written Consent dated March31, 2003.

** **

**In Witness Whereof,******I have hereunto subscribed my name andaffixed the seal of the Company this 1st day of April, 2003.
|   | /s/ Nancy J.  Baker |
|--------|---------------------|
|   | Nancy J. Baker      |
|   | Secretary           |

 

----

 

**Now, Therefore, Be It Resolved**, that Article 9 of the Bylaws be, and it hereby is,amended to read as follows:

**“ARTICLE 9**

**BOARD OF DIRECTORS**

The Board ofDirectors shall be chosen by ballot at the annual meeting of the stockholdersor at any meeting held in place thereof as provided by law.  The authorized number of directors of thiscorporation shall be eight (8).  Subjectto any limitation set forth in the provisions of the Articles of Incorporation,the Board of Directors may, by resolution adopted, increase or decrease thenumber of the directors of this corporation, provided that no such reduction ofthe authorized number of directors shall have the effect of removing anydirector before that director’s term of office expires.

Each directorshall serve until the next annual meeting of the stockholders and until his orher successor is duly elected and qualified. Directors need not be stockholdersin the corporation.  Directors shall beover the age of eighteen (18).”
§ 300.103 Basic requirements. ( a ) *Job analysis.* Each employment practice of the Federal Government generally, and of individual agencies, shall be based on a job analysis to identify: ( 1 ) The basic duties and responsibilities;
( 2 ) The knowledges, skills, and abilities required to perform the duties and responsibilities; and
( 3 ) The factors that are important in evaluating candidates. The job analysis may cover a single position or group of positions, or an occupation or group of occupations, having common characteristics.
( b ) *Relevance.* ( 1 ) There shall be a rational relationship between performance in the position to be filled (or in the target position in the case of an entry position) and the employment practice used. The demonstration of rational relationship shall include a showing that the employment practice was professionally developed. A minimum educational requirement may not be established except as authorized under section 3308 of title 5, United States Code.
( 2 ) In the case of an entry position the required relevance may be based upon the target position when— ( i ) The entry position is a training position or the first of a progressive series of established training and development positions leading to a target position at a higher level; and
( ii ) New employees, within a reasonable period of time and in the great majority of cases, can expect to progress to a target position at a higher level.
( c ) *Equal employment opportunity and prohibited forms of discrimination.* An employment practice must not discriminate on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, age (as defined by the Age Discrimination in Employment Act of 1967, as amended), disability, genetic information (including family medical history), marital status, political affiliation, sexual orientation, labor organization affiliation or nonaffiliation, status as a parent, or any other non-merit-based factor, or retaliation for exercising rights with respect to the categories enumerated above, where retaliation rights are available. Employee selection procedures shall meet the standards established by the “Uniform Guidelines on Employee Selection Procedures,” where applicable.
[40 FR 15380, Apr. 7, 1975, as amended at 43 FR 38310, Aug. 25, 1978; 79 FR 43922, July 29, 2014]
§ 1203.2 Definitions. ( a ) *Invalid regulation* means a regulation that has been issued by OPM, and that, on its face, would require an employee to commit a prohibited personnel practice if any agency implemented the regulation.
( b ) *Invalidly implemented regulation* means a regulation, issued by OPM, whose implementation by an agency has required an employee to commit a prohibited personnel practice. A valid regulation may be invalidly implemented.
( c ) *Merit system principles* are the principles stated in 5 U.S.C. 2301(b)(1) through 2301(b)(9).
( d ) *Pleadings* are written submissions containing claims, allegations, arguments, or evidence. They include briefs, motions, requests for regulation review, responses, replies, and attachments that are submitted in connection with proceedings under this part.
( e ) Prohibited personnel practices are the impermissible actions described in 5 U.S.C. 2302(b)(1) through 2302(b)(12).
( f ) *Regulation review* means the procedure under which the Board, under 5 U.S.C. 1204(f), reviews regulations issued by OPM on their face, or reviews those regulations as they have been implemented, or both, in order to determine whether the regulations require any employee to commit a prohibited personnel practice.
( g ) *Request for regulation review* means a request that the Board review a regulation issued by OPM.
[54 FR 23632, June 2, 1989, as amended at 54 FR 28658, July 6, 1989; 77 FR 62373, Oct. 12, 2012]
#### § 207.116 Commission review on its own motion.

Within forty-five (45) days of the date of service of the initial determination, the Commission on its own initiative shall order review of an initial determination or certain issues therein upon request of any Commissioner.