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

108TH CONGRESS 

1ST SESSION H. R. 1912

To amend the Internal Revenue Code of 1986 to modify the unrelated 

business taxable income rules. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2003

Mr. CAMP (for himself, Mr. DOOLITTLE, Mr. HERGER, Mr. HAYWORTH, and 

Mr. ENGLISH) introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL

To amend the Internal Revenue Code of 1986 to modify 

the unrelated business taxable income rules.

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

3 SECTION 1. MODIFICATIONS TO SECTION 512(b)(13). 

4 (a) IN GENERAL.—Paragraph (13) of section 512(b) 

5 of the Internal Revenue Code of 1986 (relating to special 

6 rules for certain amounts received from controlled entities) 

7 is amended by redesignating subparagraph (E) as sub8 paragraph (F) and by inserting after subparagraph (D) 

9 the following new subparagraph: 
2

•HR 1912 IH 

1 ‘‘(E) PARAGRAPH TO APPLY ONLY TO EX2 CESS PAYMENTS.—

3 ‘‘(i) IN GENERAL.—Subparagraph (A) 

4 shall apply only to the portion of a speci5 fied payment received or accrued by the 

6 controlling organization that exceeds the 

7 amount which would have been paid or ac8 crued if such payment met the require9 ments prescribed under section 482. 

10 ‘‘(ii) ADDITION TO TAX FOR VALU11 ATION MISSTATEMENTS.—The tax imposed 

12 by this chapter on the controlling organiza13 tion shall be increased by an amount equal 

14 to 20 percent of the larger of—

15 ‘‘(I) such excess determined with16 out regard to any amendment or sup17 plement to a return of tax, or 

18 ‘‘(II) such excess determined 

19 with regard to all such amendments 

20 and supplements.’’. 

21 (b) EFFECTIVE DATE.—

22 (1) IN GENERAL.—The amendment made by 

23 this section shall apply to payments received or ac24 crued after December 31, 2000. 
3

•HR 1912 IH 

1 (2) PAYMENTS SUBJECT TO BINDING CONTRACT

2 TRANSITION RULE.—If the amendments made by 

3 section 1041 of the Taxpayer Relief Act of 1997 did 

4 not apply to any amount received or accrued in the 

5 first 2 taxable years beginning on or after the date 

6 of the enactment of the Taxpayer Relief Act of 1997 

7 under any contract described in subsection (b)(2) of 

8 such section, such amendments also shall not apply 

9 to amounts received or accrued under such contract 

10 before January 1, 2001.

Æ
### §3049. Recall to active duty

The provisions of chapter 39 of title 10 relating to recall of retired officers to active duty, including the limitations on such recalls, shall apply to commissioned officers of the Administration.

(Pub. L. 107–372, title II, §249, Dec. 19, 2002, 116 Stat. 3090.)
#### The People of the State of New York ex rel. Mergenthaler Linotype Company, Appellant, against William W. Mills et al., Constituting the Tax Commission of the City of New York, Respondents. [23 Ryerson St., Borough of Brooklyn.]

—Appeal from an order in tax certiorari proceedings, which granted a discovery and inspection of contractor’s proposals and other records pertaining thereto, submitted by appellant to the United States Government in connection with the sale of certain war materials by appellant to the United States. The certiorari proceedings were based upon the claim that the premises in question, occupied by appellant under a lease from the United States which required the lessee to pay all taxes assessed against the property, were owned by the United States and therefore exempt from taxation. Respondents contended that while legal title may have been in the United States, equitable ownership was in the Defense Plant Corporation, whose property was not exempt. Discovery and inspection of the documents referred to above was sought upon the theory that they would show that the real estate taxes on the property involved herein were included and allowed as an item of expense in computing the price of the products sold to the United States; and that they would, therefore, be some evidence that the United States did not intend that the property *861be tax exempt, and that it was considered property of the Defense Plant Corporation. Order reversed upon the law, with $10 costs and disbursements, and the motion denied, without costs. Documents, to be subject to inspection, must relate to the merits of the action or defense and themselves be evidence. (Civ. Prac. Act, § 324; *People ex rel. Lemon*v. *Supreme Court,*245 N. T. 24, 29; *Palco*V. *New York, New Haven & H.*B. S. *Co.,*161 App. Div. 735, 737.) Assuming, without deciding, that the papers and records sought to be discovered would show payment of taxes by the United States, such payment would have no hearing whatsoever on the issue of title or ownership upon which the question of tax exemption depends. Nor would payment be any proof of waiver by the United States of its immunity from taxation. *(Austin*V. *The Aldermen,*7 Wall. [U. S.] 694, 699; *Oklahoma*v. *Barnsdall Corp.,*296 U. S. 521, 526; *United States*v. *Allegheny County,*322 U. S. 174,189.) Lewis, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur. [See *post,*p. 911.]
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 Destination Maternity Corporation (the Company) on Form 10-Q for the period
ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Edward M. Krell, Chief Executive Officer & President 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.



|                                   
|-----------------------------------
|/s/ EDWARD M. KRELL                
|Edward M. Krell                    
|Chief Executive Officer & President
|August 9, 2010                     



33
Merrimack,

Dec., 1898.

#### Mechanicks National Bank, *Ap’t, v.*Aldrich, *Assignee.*

Where just claims against the estate of an insolvent debtor have been disallowed by the probate court because of informality in the proof, the cred- . itor may be allowed to amend upon appeal.

Probate Appeal, from the disallowance, in insolvency proceedings, of the plaintiffs’ claim against the individual estate of C. C. Shaw. Facts found by the court.

C. C. Shaw and C. B. Whittemore, partners under the firm name of Shaw & Whittemore, were decreed insolvent debtors. The plaintiffs held four notes signed by Shaw alone, one signed by Shaw & Whittemore and C. C. Shaw, and two signed by C. C. Shaw and C. B. Whittemore, the last three being joint and several. They filed the first four notes, attached to one proof of claim, with an affidavit that it was a true statement of their claim against C. C. Shaw, and the other notes attached to another proof, with an affidavit that it was a true statement of their claim against Shaw & Whittemore. They understood that these proofs entitled them to share upon all the notes in the distribution of Shaw’s individual estate. The three last mentioned notes were not allowed against that estate, and the bank appealed.

*Leach Stevens,*for the plaintiffs.

*Almon F. Burbank, Albin, Martin £ Howe,*and *John M. Mitchell,*for the defendant.

Peaslee, J.

It is found as a fact that all the notes were just claims against Shaw’s individual estate, and that the plaintiffs understood that the proofs were sufficient to entitle them to share therein. The proof relating to the joint and several notes should have been in a different form, so as to show against what estates it was made; but as the creditor understood that it was sufficient, an opportunity to amend should have been given. The whole matter being before the court upon appeal, an amendment to the proof may be filed at the trial term. *Adams*v. *Adams,*64 N. H. 224, 227. When the amendment is filed the claim will be allowed against Shaw’s individual estate.

*Case discharged.*

Parsons, J., did not sit: the others concurred.
§ 630.1007 Approval of application to become a leave recipient. ( a ) The leave bank board shall review an employee's application to become a leave recipient under procedures established by the agency for the purpose of determining whether the employee is a leave bank member who is or has been affected by a medical emergency.
( b ) Before approving an application to become a leave recipient, the leave bank board shall determine that the absence from duty without available paid leave because of the medical emergency is (or is expected to be) at least 24 hours (or, in the case of a part-time employee or an employee with an uncommon tour of duty, at least 30 percent of the average number of hours in the employee's biweekly scheduled tour of duty).
( c ) In making a determination as to whether a medical emergency is likely to result in a substantial loss of income, the leave bank board shall not consider factors other than whether the absence from duty without available paid leave is (or is expected to be) at least 24 hours (or, in the case of a part-time employee or an employee with an uncommon tour of duty, at least 30 percent of the average number of hours in the employee's biweekly scheduled tour of duty).
( d ) The leave bank board shall provide timely written notification to the applicant of the action taken on the application. If the leave bank board disapproves the application, notification shall include the reasons for disapproval.
( e ) The leave bank board may establish written policies limiting the amount of annual leave that may be granted to a leave recipient.
[59 FR 67125, Dec. 29, 1994, as amended at 60 FR 26979, May 22, 1995]
### SUBCHAPTER II—ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS
NRC NEWS U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 W ashington, D.C. 20555-0001 E-mail: opa@nrc.gov 

 Web Site: http://www.nrc.gov

 

No. 06-120 October 3, 2006

NRC ISSUES SUPPLEMENTAL SAFETY EVALUATION FOR

 NORTH ANNA EARLY SITE PERMIT APPLICATION

The Nuclear Regulatory Commission staff has issued a supplement to the safety

evaluation report (SER) for a requested Early Site Permit (ESP) at the North Anna site in

Louisa County, Va., about 40 miles northwest of Richmond.

The ESP process allows an applicant to address site-related issues, such as environmental

impacts, for possible future construction and operation of a nuclear power plant at the site.

The North Anna application was filed Sept. 25, 2003, by Dominion Nuclear North Anna, LLC.

If approved, the permit would give Dominion up to 20 years to decide whether to build one or

more nuclear plants on the site and to file an application with the NRC for approval to begin

construction.

NRC technical experts and inspectors reviewed and verified the information that

Dominion provided to revise portions of the final SER issued in September 2005. Dominion

supplemented its application to reflect changes to the potential power output, cooling

methods and liquid effluent releases for the proposed reactors. The staff’s supplement to the

SER reflects review of those changes. The Commission is expected to reach a final decision

on the ESP application in late 2007, after reviewing the staff’s final SER and Environmental

Impact Statement, along with a report from the NRC’s independent Advisory Committee on

Reactor Safeguards and the findings of an NRC Atomic Safety and Licensing Board Panel

hearing on the application.

The supplement is available electronically for public inspection in the NRC Public

Document Room, 11555 Rockville Pike, Rockville, Md. It will also be available on the NRC’s

Web site at: http://www.nrc.gov/reactors/new-licensing/esp/north-anna.html . In addition, the

Louisa County Library, 881 Davis Highway in Mineral, Va., has agreed to make the document

available for public inspection.

###

News releases are available through a free list serve subscription at the following W eb address: 

http://www.nrc.gov/public-involve/listserver.html . The NRC homepage at www.nrc.gov also offers a

SUBSCRIBE link. E-mail notifications are sent to subscribers when news releases are posted to NRC's W eb
site.
### §3033. Suspension during war or emergency

In time of emergency declared by the President or by the Congress, and in time of war, the President is authorized, in the President's discretion, to suspend the operation of all or any part of the provisions of law pertaining to promotion of commissioned officers of the Administration.

(Pub. L. 107–372, title II, §233, Dec. 19, 2002, 116 Stat. 3088.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 853i(b) of this title prior to repeal by Pub. L. 107–372.
#### § 2414.7 Solicitation of prohibited communications.

No person shall knowingly and willfully solicit the making of an unauthorized ex parte communication by any other person.
### §855. Repealed. Pub. L. 107–372, title II, §271(4), Dec. 19, 2002, 116 Stat. 3094

Section, acts May 22, 1917, ch. 20, §16, 40 Stat. 87; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 89–657, §1(1), Oct. 14, 1966, 80 Stat. 907; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to cooperation with and transfer to military departments. See section 3061 of this title.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 2443 Warrenville Road

 Lisle IL 60532

 Web Site: http://www.nrc.gov E-mail: opa3@nrc.gov

No. III-07-017 May 3, 2007

CONTACT: Viktoria Mitlyng (630) 829-9662 

NRC TO HOLD PUBLIC MEETING MAY 8

ON CROSS-CUTTING ISSUES AT THE KEWAUNEE PLANT

The Nuclear Regulatory Commission staff will meet with representatives of Dominion Energy

Kewaunee, Inc. Tuesday, April 8, to discuss the company’s efforts and progress in addressing

deficiencies in the areas of problem identification and resolution and human performance at the

Kewaunee Nuclear Station. The plant is located at Kewaunee, Wisc.

The meeting, which will be open to the public, is scheduled to begin at 1 p.m. at the NRC’s

Region III Office; 2443 Warrenville Road, Suite 210, Lisle IL. The NRC staff will be available to

respond to questions or comments from the public before the close of the meeting. 

“Coss-cutting” issues cut across multiple areas of plant performance and are usually indicative

of more wide-spread problems. If not corrected, they could lead to deficiencies in specific areas of

plant performance.

The NRC’s 2006 annual assessment letter to the Kewaunee station states that over the last year,

a number of NRC inspections findings could be attributed, at least in part, to deficiencies in the plant’s

ability to identify and fix problems or to problems with providing complete, up-to-date procedures and

following them. According to the letter, deficiencies in the plant’s ability to evaluate and correct

problems have continued since 2004.

“Addressing these cross-cutting issues is key to improving overall plant performance,” said

NRC’s Region III Administrator James Caldwell. “Although the plant need to make sure the utility

makes improvements in these areas . The public meeting is a part of NRC’s actions to ensure this

happens.”

The NRC called this meeting to give the utility the opportunity to discuss its efforts to address

the issues, to talk about progress made, and future actions to prevent their recurrence.

The 2006 annual assessment letter is available on the NRC web site at:

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/kewa_2006q4.pdf. 
Other documents related to the Kewaunee Station are available at the NRC’s Region III Office

of Public Affairs or in the NRC’s online document library at:

http://www.nrc.gov.reading-rm/admas/web-based.html.

###

News releases are available through a free list serve subscription at the following Web address: http://www.nrc.gov/publicinvolve/listserver.html . The NRC homepage at www.nrc.gov also offers a SUBSCRIBE link. E-mail notifications are sent

to subscribers when news releases are posted to NRC's Web site.
#### The Wygodsky Engine Company, Appellant, v. Hamilton Terminal Company and Others, Respondents.

Order affirmed, with ten dollars costs and disbursements. Ho opinion. Jenks, P. J., Burr, Rich, Staple-ton and Putnam, JJ., concurred.
### §40312. Definitions

In this subchapter:

#### (1) Attorney General

The term "Attorney General" means the Attorney General of the United States.

#### (2) Compact

The term "Compact" means the National Crime Prevention and Privacy Compact set forth in section 40316 of this title.

#### (3) Council

The term "Council" means the Compact Council established under Article VI of the Compact.

#### (4) FBI

The term "FBI" means the Federal Bureau of Investigation.

#### (5) Party State

The term "Party State" means a State that has ratified the Compact.

#### (6) State

The term "State" means any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(Pub. L. 105–251, title II, §213, Oct. 9, 1998, 112 Stat. 1874.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 14612 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
### §50103. Limitation on authority

#### (a) Federal investigations

Nothing in this chapter authorizes the use of Federal law enforcement personnel to investigate violations of criminal law other than violations with respect to which investigation is authorized by other provisions of law.

#### (b) Federal supervision

Nothing in this chapter shall be construed to authorize the Attorney General or the Federal law enforcement community to exercise any direction, supervision, or control over any police force or other criminal justice agency of an applicant for Federal law enforcement assistance.

#### (c) Racial balance in criminal justice agencies

Nothing in this chapter shall be construed to authorize the Attorney General or the Federal law enforcement community—

(1) to condition the availability or amount of Federal law enforcement assistance upon the adoption by an applicant for such assistance of, or

(2) to deny or discontinue such assistance upon the failure of such applicant to adopt,

a percentage ratio, quota system, or other program to achieve racial balance in any criminal justice agency of such applicant.

#### (d) Federal supplantation of State funds

No funds provided under this chapter may be used to supplant State or local funds that would otherwise be made available for such purposes.

#### (e) Other authorities unaffected

Nothing in this chapter shall be construed to limit any authority to provide emergency assistance otherwise provided by law.

(Pub. L. 98–473, title II, §609O, Oct. 12, 1984, 98 Stat. 2105.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 10503 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
### §1263a. Grants to Alaska to improve sanitation in rural and Native villages

#### (a) In general

The Administrator of the Environmental Protection Agency may make grants to the State of Alaska for the benefit of rural and Native villages in Alaska to pay the Federal share of the cost of—

(1) the development and construction of public water systems and wastewater systems to improve the health and sanitation conditions in the villages; and

(2) training, technical assistance, and educational programs relating to the operation and management of sanitation services in rural and Native villages.

#### (b) Federal share

The Federal share of the cost of the activities described in subsection (a) shall be 75 percent.

#### (c) Administrative expenses

The State of Alaska may use an amount not to exceed 4 percent of any grant made available under this subsection 1 for administrative expenses necessary to carry out the activities described in subsection (a).

#### (d) Consultation with State of Alaska

The Administrator shall consult with the State of Alaska on a method of prioritizing the allocation of grants under subsection (a) according to the needs of, and relative health and sanitation conditions in, each eligible village.

#### (e) Authorization of appropriations

There are authorized to be appropriated to carry out this section—

(1) $40,000,000 for each of fiscal years 2022 through 2024;

(2) $50,000,000 for fiscal year 2025; and

(3) $60,000,000 for fiscal year 2026.

(Pub. L. 104–182, title III, §303, Aug. 6, 1996, 110 Stat. 1683; Pub. L. 106–457, title IX, §903, Nov. 7, 2000, 114 Stat. 1982; Pub. L. 117–58, div. E, title II, §50212, Nov. 15, 2021, 135 Stat. 1172.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Safe Drinking Water Act Amendments of 1996, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

#### Amendments

2021—Subsec. (b). Pub. L. 117–58, §50212(1), substituted "75 percent" for "50 percent".

Subsec. (e). Pub. L. 117–58, §50212(2), substituted "this section—" and pars. (1) to (3) for "this section $40,000,000 for each of fiscal years 2001 through 2005."

2000—Subsec. (e). Pub. L. 106–457 substituted "to carry out this section $40,000,000 for each of fiscal years 2001 through 2005" for "$15,000,000 for each of the fiscal years 1997 through 2000 to carry out this section".

1 So in original. Probably should be "section".
### §4008. Definitions

In this chapter:

#### (1) Action Strategy

The term "Action Strategy" means the comprehensive research plan and action strategy established under section 4003 of this title.

#### (2) Administrator

The term "Administrator" means the Administrator of the Environmental Protection Agency.

#### (3) Harmful algal bloom

The term "harmful algal bloom" means marine and freshwater phytoplankton that proliferate to high concentrations, resulting in nuisance conditions or harmful impacts on marine and aquatic ecosystems, coastal communities, and human health through the production of toxic compounds or other biological, chemical, and physical impacts of the algae outbreak.

#### (4) Hypoxia

The term "hypoxia" means a condition where low dissolved oxygen in aquatic systems causes stress or death to resident organisms.

#### (5) Program

The term "Program" means the national harmful algal bloom and hypoxia program established under section 4002 of this title.

#### (6) State

The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, and any Indian tribe.

#### (7) Task Force

The term "Task Force" means the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia under section 4001(a) of this title.

#### (8) Under Secretary

The term "Under Secretary" means the Under Secretary of Commerce for Oceans and Atmosphere.

#### (9) United States coastal waters

The term "United States coastal waters" includes the Great Lakes.

(Pub. L. 105–383, title VI, §609, formerly §608, as added Pub. L. 113–124, §10(a), June 30, 2014, 128 Stat. 1385; renumbered §609, Pub. L. 117–144, §2(a)(1), June 16, 2022, 136 Stat. 1266.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 609 of Pub. L. 105–383 was renumbered section 610 and is classified to section 4009 of this title.