alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 337.206 Terminations, modifications, extensions, and reporting. ( a ) *Termination and modification.* On a periodic basis, for each direct-hire authority, OPM will review agency use of the authority to ensure proper administration and to determine if continued use of the authority is supportable. OPM will terminate or modify a direct-hire authority if it determines that there is no longer a severe shortage of candidates or a critical hiring need. Likewise, when an agency finds there are adequate numbers of qualified candidates for positions previously filled under direct-hire authorities, based on severe shortage of candidates, the agency is required to report this change of events to OPM. OPM may also terminate an agency's authority when the agency has used an authority improperly.
( b ) *Extension.* OPM may extend direct-hire authority if OPM determines, based on relevant, recent, and supportable data, that there is or will continue to be a severe shortage of candidates or a critical hiring need for particular positions as of the date the authority is due to expire. In their requests for extensions of direct-hire authorities, agencies must include an update of the supporting evidence that demonstrated the need for the original authority.
( c ) *Reporting requirement.* On a periodic basis, OPM may request information from agencies regarding their use of these direct-hire authorities. The requested information may include numbers of positions, title, series, and grade of positions advertised under the direct-hire authority, the number of qualified applicants, the specific qualification criteria, and the number of applicants appointed under the authority.
( d ) No new appointments may be made under the provisions of section 1413 of Public Law 108-136 after September 30, 2012.
[69 FR 33275, June 15, 2004, as amended at 70 FR 44847, Aug. 4, 2005; 74 FR 61263, Nov. 24, 2009]
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DUE HAU TRAN,

 Plaintiff - Appellant,

 v.

HOUSING AUTHORITY OF THE

COUNTY OF LOS ANGELES,

 Defendant - Appellee.

No. 13-56420

D.C. No. 2:13-cv-02195-MWFMRW

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Michael W. Fitzgerald, District Judge, Presiding

Submitted July 21, 2015** 

Before: CANBY, BEA, and MURGUIA, Circuit Judges.

Due Hau Tran appeals pro se from the district court’s order denying his

motion for attorney’s fees and costs following his successful motion to remand. 

We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of

FILED

JUL 30 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
discretion a denial of fees and costs. Lussier v. Dollar Tree Stores, Inc., 518 F.3d

1062, 1065 (9th Cir. 2008). We affirm.

The district court did not abuse its discretion in denying Tran’s motion for

attorney’s fees and costs because the Housing Authority of the County of Los

Angeles had an objectively reasonable basis to remove Tran’s action, as the

complaint contained allegations concerning violations of federal laws. See Martin

v. Franklin Capital Corp., 546 U.S. 132, 141 (2005) (discussing when attorney’s

fees should be awarded under 28 U.S.C. § 1447(c) and explaining that absent

unusual circumstances, “when an objectively reasonable basis [for removal] exists,

fees should be denied”).

We reject Tran’s contentions that further efforts to meet and confer would

have been futile, and that the district court was required to determine whether

Tran’s requested fees and costs were reasonable.

AFFIRMED.

2 13-56420
§ 330.502 General restriction on movement after competitive appointment. ( a ) An agency must wait at least 90 days after an employee's latest nontemporary competitive appointment before the agency may take the following actions: ( 1 ) Promote an employee;
( 2 ) Transfer, reinstate, reassign, or detail an employee to a different position; or
( 3 ) Transfer, reinstate, reassign, or detail an employee to a different geographical area.
( b ) Upon written request from an agency, OPM may waive the restriction against movement to a different geographical area when moving such an employee is consistent with open competition principles.
### §734. Assignments and details to Congress

The Comptroller General may assign or detail an officer or employee of the Government Accountability Office to full-time continuous duty with a committee of Congress for not more than one year.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 98–367, title I, §8, July 17, 1984, 98 Stat. 475; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 734(a) | 31:1175(a). | Oct. 26, 1970, Pub. L. 91–510, §235(a), 84 Stat. 1171. |
| 734(b) | 31:1175(c). | Oct. 26, 1970, Pub. L. 91–510, 84 Stat. 1140, §235(c); added Oct. 11, 1971, Pub. L. 92–136, §8, 85 Stat. 378. |

In the section, the words "officer or" are added for consistency in the revised title and with other titles of the United States Code.

In subsection (a), the words "Notwithstanding any other provision of law" are omitted as surplus. The word "continuous" is substituted for "on a continuing basis" to eliminate unnecessary words. The words "committee of Congress" are substituted for "committee of the Senate or House of Representatives or with any joint committee of Congress" for consistency and to eliminate unnecessary words. The words "any period of" are omitted as surplus.

In subsection (b), the words "Comptroller General" are substituted for "General Accounting Office" for consistency. The word "pay" is substituted for "salary" for consistency in the revised title and with other titles of the Code.

#### **Editorial Notes**

#### Amendments

2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".

1984—Pub. L. 98–367 struck out designation of provisions as "(a)" and struck out subsec. (b) which read as follows: "A committee of the Senate or a joint committee of Congress for which the Secretary of the Senate disburses amounts shall reimburse the Comptroller General for the pay of each officer or employee of the Office for the time the officer or employee is assigned or detailed to the committee or joint committee."
§ 339.103 Compliance with disability laws. ( a ) The Americans with Disabilities Act (ADA) of 1990, as amended by the Amendments Act of 2008 (collectively the ADA), establishes prohibitions against discrimination and the requirements for reasonable accommodation that apply to the Federal Government through the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791(f). Consequently, actions under this part must comply with the non-discrimination provisions of the Rehabilitation Act, the non-discrimination provisions of the ADA, and their implementing regulations.
( b ) Use of the term “qualified” in this part must comply with the Rehabilitation Act, as amended, and the ADA, as amended. Specifically, a “qualified individual with a disability” means that the individual possess the requisite skill, experience, education, and other job-related requirements of an employment position that the individual holds or seeks, and can perform the essential functions of the position with or without reasonable accommodation.
### SUBCHAPTER III—SOUND SIGNALS FOR FOG, ETC.; SPEED
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





In
connection with the Quarterly Report of Repros Therapeutics Inc. (the "Company")
on Form 10-Q for the quarter ended September 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Joseph
S. Podolski, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 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 presents, in all material respects,
the financial condition and results of operations of the Company.





Dated:  November
      9, 2009
            By: /s/ Joseph S.
  PodolskiJoseph
      S. PodolskiChief
      Executive OfficerRepros
      Therapeutics Inc.





A signed
original of this written statement required by Section 906 has been provided to
Repros and will be retained by Repros and furnished to the Securities and
Exchange Commission or its staff upon request.
IIB 

108TH CONGRESS 

1ST SESSION H. R. 1577

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2003

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT

To designate the visitor center in Organ Pipe Cactus National Monument in Arizona as the ‘‘Kris Eggle Visitor 

Center’’, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 1577 RFS 

1 SECTION 1. REDESIGNATION. 

2 (a) FINDING.—Congress finds that in August 2002, 

3 Kris Eggle, a 28-year-old park ranger in Organ Pipe Cac4 tus National Monument, was murdered in the line of duty 

5 along the border between the United States and Mexico. 

6 (b) DEDICATION.—Congress dedicates the visitor 

7 center in Organ Pipe Cactus National Monument to Kris 

8 Eggle and to promoting awareness of the risks taken each 

9 day by all public land management law enforcement offi10 cers. 

11 (c) REDESIGNATION.—The visitor center in Organ 

12 Pipe Cactus National Monument in Arizona is hereby des13 ignated as the ‘‘Kris Eggle Visitor Center’’. 

14 (d) REFERENCE.—Any reference to the visitor center 

15 in Organ Pipe Cactus National Monument in Arizona, in 

16 any law, regulation, map, document, record, or other 

17 paper of the United States shall be considered to be a ref18 erence to the ‘‘Kris Eggle Visitor Center’’. 

19 (e) SIGNAGE.—The Secretary of the Interior shall 

20 post interpretive signs at the visitor center and at the 

21 trailhead of the Baker Mine-Milton Mine Loop that—

22 (1) describe the important role of public law en23 forcement officers in protecting park visitors; 

24 (2) refer to the tragic loss of Kris Eggle in un25 derscoring the importance of these officers; 
3

HR 1577 RFS 

1 (3) refer to the dedication of the trail and the 

2 visitor center by Congress; and 

3 (4) include a copy of this Act and an image of 

4 Kris Eggle. 

5 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated such sums 

7 as may be necessary to carry out this Act.

Passed the House of Representatives May 14, 2003. 

Attest: JEFF TRANDAHL, 

Clerk. 

By MARTHA C. MORRISON, 

Deputy Clerk.
Exhibit 21

SUBSIDIARIES OF THE COMPANY



|                                              |  |                                                           |  |                                               
|--------------------------------------------- |  | --------------------------------------------------------- |  | ----------------------------------------------
|NAME OF SUBSIDIARY                            |  | STATE OR OTHERJURISDICTION OFINCORPORATION ORORGANIZATION |  | OTHER NAMES UNDERWHICH SUBSIDIARYDOES BUSINESS
|Cave Springs, Inc.                            |  | Delaware                                                  |  | N/A                                           
|Confecciones Acona S.A.                       |  | Costa Rica                                                |  | N/A                                           
|Destination Maternity Apparel Private Limited |  | India                                                     |  | N/A                                           
|Maternity Factory Warehouse Centre, Inc.      |  | Canada                                                    |  | N/A                                           
|Mothers Work Canada, Inc.                     |  | Delaware                                                  |  | N/A                                           
|Mothers Work Services, Inc.                   |  | Delaware                                                  |  | N/A
### §705. Salmon River, Alaska; flood control work authorized

The project of prevention and control of floods in the Salmon River, Alaska, recommended in the report of the Chief of Engineers, United States Army, in House Document Numbered 228, Seventy-second Congress, is adopted and authorized and shall be prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers in accordance with the plan recommended in such report and subject to the conditions set forth therein.

(June 18, 1934, ch. 581, 48 Stat. 991; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

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

#### Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES–OXLEYACT OF 2002**

 

Inconnection with the Quarterly Report of Mothers Work, Inc. (the “Company”)on Form 10-Q for the period ended March 31, 2008 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, Dan W.Matthias, Chief Executive Officer of the Company, certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

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

 

 
| **/s/ DAN W. MATTHIAS**   | ** ** |
|---------------------------|------------|
| Dan W. Matthias           |
| *Chief Executive Officer* |
| May 8, 2008          |

 

----
No. 12,777.

#### Whitehead *v.*Bennett.

(22 P. [2d] 168)

Decided May 1, 1933.

Mr. Bryan L. Whitehead, for plaintiff in error.

Mr. Balph Gr. Lindstrom, Mr. John M. Keating, Mr. John W. Shireman, Mr. Harold W. Perry, for defendant in error.

*In Department.*

*550Mr. Justice Butler

delivered the opinion of the court.

Bay A. Bennett, who claimed to own certain land, sued E. K. Whitehead, the owner of a promissory note secured by a trust deed of the property, to quiet title in Bennett.

Laura P. Strang conveyed to Bennett by quitclaim deed all her right, title and interest to and in the property. As a matter of law, the grantor had no such right, title or interest. In his complaint Bennett alleged that for more than seven years he was in possession of the property and paid all taxes legally assessed thereon. He claims that by reason of such possession and payment he should “be held and adjudged to be the legal owner * * * to the extent and according to the purport of his * * * paper title,” as provided in section 6423, Compiled Laws.

 To invoke successfully the provisions of that section, one must prove the payment of taxes for the full period of seven years next prior to the commencement of the suit. The evidence did not show that Bennett paid taxes for the required period of time. His counsel seek to avoid the result of such a situation by saying that the question was not raised in the trial court. They say that the complaint alleged payment for the required time; that the answer did not specifically deny this, but averred, in the language of section 62 of the Code of Civil Procedure, that, as to such allegation, the defendant had not and could not obtain sufficient knowledge or information upon which to base a belief; and that as the payment of taxes is a matter of record and therefore presumptively within the knowledge of Whitehead, such denial did not raise an issue. We cannot uphold this contention. It assumes, contrary to the fact, that the record sho!ws payment by Bennett for the required period of time. The case was tried on the theory that the issue had been raised. Assuming the burden of proving such payments, Bennett introduced all his tax receipts, and they *551showed that the first payment was made less than seven years before the commencement of the suit.

It is unnecessary to dwell at length upon the other points suggested by Whitehead. As to them, it is sufficient to say that the quitclaim deed gave Bennett color of title, and that the evidence shows good faith on his part. He fails only because he did not show payment of taxes for the required period of time.

The judgment is reversed, further proceedings, if any, to be in harmony with the views expressed in this opinion.

Mr. Chide Justice Adams and Mr. Justice Moore concur.
[Federal Register Volume 69, Number 214 (Friday, November 5, 2004)]
[Notices]
[Page 64586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24694]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-25 (Second Review)]


Anhydrous Sodium Metasilicate From France

AGENCY: United States International Trade Commission.

ACTION: Termination of five-year review.

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

SUMMARY: The subject five-year review was initiated in September 2004 
to determine whether revocation of the antidumping duty order on 
anhydrous sodium metasilicate from France would be likely to lead to 
continuation or recurrence of dumping and of material injury to a 
domestic industry. On October 21, 2004, the Department of Commerce 
published notice that it was revoking the order effective October 21, 
2004 because ``no domestic party responded to the sunset review notice 
of initiation by the applicable deadline'' (69 FR 61789). Accordingly, 
pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)), the subject review is terminated.

EFFECTIVE DATE: October 21, 2004.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202) 205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436. Hearing-impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its Internet server (http://www.usitc.gov).

    Authority: This review is being terminated under authority of 
Title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.69 of the Commission's rules (19 CFR 
207.69).

    Issued: November 1, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-24694 Filed 11-4-04; 8:45 am]
BILLING CODE 7020-02-P
Exhibit 32.1



Certification of Chief Executive Officer



Pursuant to 18 U.S.C. ss. 1350, as created by Section 906 of the Sarbanes-Oxley Act of
2002, the undersigned officer of FIRST ADVANTAGE CORPORATION (the Company) hereby certifies, to such officers knowledge, that:



(i) the accompanying Quarterly Report on Form 10-Q/A of the Company for the quarterly period ended June 30, 2005 (the Report) fully complies with the
requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and



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



A signed original of this statement 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.



|                     |  |  |  |                        
|-------------------- |  |  |  | -----------------------
|                     |  | 
|Date: March 31, 2006 |  |  |  | /s/ JOHN LONG          
|                     |  |  |  | John Long              
|                     |  |  |  | Chief Executive Officer



The foregoing certification is being
furnished solely to accompany the Report pursuant to 18 U.S.C. ss. 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company,
whether made before or after the date hereof, regardless of any general incorporation language in such filing.
### §§2401 to 2410. Repealed. Pub. L. 111–281, title X, §1048, Oct. 15, 2010, 124 Stat. 3032

Section 2401, Pub. L. 100–333, §2, June 16, 1988, 102 Stat. 605, provided findings and purposes for chapter.

Section 2402, Pub. L. 100–333, §3, June 16, 1988, 102 Stat. 605, provided definitions for chapter.

Section 2403, Pub. L. 100–333, §4, June 16, 1988, 102 Stat. 606, prohibited, with exceptions, application of antifouling paint containing organotin to any vessel less than 25 meters in length.

Section 2404, Pub. L. 100–333, §5, June 16, 1988, 102 Stat. 606, prohibited certain organotin paints and additives.

Section 2405, Pub. L. 100–333, §6, June 16, 1988, 102 Stat. 607, related to certification of antifouling paints containing organotin.

Section 2406, Pub. L. 100–333, §7, June 16, 1988, 102 Stat. 607; Pub. L. 104–106, div. A, title X, §1064(f), Feb. 10, 1996, 110 Stat. 445, related to monitoring and research of ecological effects.

Section 2407, Pub. L. 100–333, §8, June 16, 1988, 102 Stat. 608, provided for alternative antifouling research.

Section 2408, Pub. L. 100–333, §9, June 16, 1988, 102 Stat. 608, related to issuance of a final water quality criteria document.

Section 2409, Pub. L. 100–333, §10, June 16, 1988, 102 Stat. 608, provided for civil and criminal penalties for violations of certain sections of chapter.

Section 2410, Pub. L. 100–333, §11, June 16, 1988, 102 Stat. 608, related to other authorities and State laws.

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

#### Effective Date; Use of Existing Stocks

Pub. L. 100–333, §12, June 16, 1988, 102 Stat. 609, which provided that this chapter would take effect on June 16, 1988, and provided for a limited amount of time after that date to sell and use existing stocks of organotin paints and additives, was repealed by Pub. L. 111–281, title X, §1048, Oct. 15, 2010, 124 Stat. 3032.

#### Short Title

Pub. L. 100–333, §1, June 16, 1988, 102 Stat. 605, which provided that this chapter could be cited as the "Organotin Antifouling Paint Control Act of 1988", was repealed by Pub. L. 111–281, title X, §1048, Oct. 15, 2010, 124 Stat. 3032.