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

108TH CONGRESS 

1ST SESSION H. R. 1764

To amend title 5, United States Code, to provide for appropriate overtime 

pay for National Weather Service employees who perform essential services during severe weather events. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2003

Mr. WOLF introduced the following bill; which was referred to the Committee 

on Government Reform 

A BILL

To amend title 5, United States Code, to provide for appropriate overtime pay for National Weather Service employees who perform essential services during severe weather 

events.

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

3 SECTION 1. OVERTIME RATES. 

4 (a) IN GENERAL.—Section 5542(a) of title 5, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘(6) Notwithstanding paragraphs (1) and (2), 

8 for an employee of the National Weather Service 
2

•HR 1764 IH 

1 who occupies a nonmanagerial position in GS–14 or 

2 under and, as determined by the Secretary of Com3 merce—

4 ‘‘(A) the duties of which are critical to the 

5 immediate daily operation of the forecast and 

6 warning responsibilities of the National Weath7 er Service and directly affect public and avia8 tion safety; 

9 ‘‘(B) in which overtime work is usually un10 scheduled due to the vicissitudes of severe 

11 weather; and 

12 ‘‘(C) in which overtime work is therefore 

13 unusually taxing; 

14 the overtime hourly rate of pay is an amount equal 

15 to one and one-half times the hourly rate of basic 

16 pay of the employee, and all that amount is pre17 mium pay.’’. 

18 (b) EXEMPTION FROM LIMITATION.—Section 

19 5547(d) of title 5, United States Code, is amended by 

20 striking the period and inserting ‘‘, or to any employee 

21 of the National Weather Service who occupies a position 

22 described in section 5542(a)(6).’’. 

23 SEC. 2. EFFECTIVE DATE. 

24 The amendments made by this Act shall apply with 

25 respect to service performed on or after the first day of 
3

•HR 1764 IH 

1 the first applicable pay period beginning after the end of 

2 the 30-day period beginning on the date of enactment of 

3 this Act.

Æ
§ 3601.104 Additional limitations on gifts between employees. The following limitations apply to gifts from groups of employees that include a subordinate and to voluntary contributions to gifts for superiors permitted under 5 CFR 2635.304(c)(1): ( a ) *Gifts from a group that includes a subordinate.* Regardless of the number of employees contributing to a gift on a special, infrequent occasion as permitted by 5 CFR 2635.304(c)(1), an employee may not accept a gift or gifts, including indirectly within the meaning of 5 CFR 2635.203(f), from a donating group if the aggregate market value exceeds the minimal value, as established by 5 U.S.C. 7342(a)(5), and if the employee knows or has reason to know that any member of the donating group is a subordinate. ( 1 ) The cost of items excluded from the definition of a gift by 5 CFR 2635.203(b) and the cost of food, refreshments, and entertainment provided to mark the occasion for which the gift is given shall not be included in determining whether the value of a gift or gifts exceeds the aggregate minimal value limit.
( 2 ) The value of a gift or gifts from two or more donating groups will be aggregated and will be considered to be from a single donating group if the employee who is offered the gift knows or has reason to know that an individual who is his or her subordinate is a member of more than one of the donating groups.
( b ) *Voluntary contribution.* For purposes of 5 CFR 2635.304(c)(1), the nominal amount of a voluntary contribution that an employee may solicit from another employee for a group gift to the contributory employee's superior for any special, infrequent occasion will not exceed $10. A voluntary contribution of a nominal amount for food, refreshments, and entertainment at an event to mark the occasion for which a group gift is given may be solicited as a separate, voluntary contribution not subject to the $10 limit.
Exhibit 32.1

CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER

UNDER

SECTION 906 OF THE SARBANES-OXLEY ACT

PACIFIC MERCANTILE BANCORP

Annual Report on Form 10-K

for the Year ended December 31, 2009

as
Amended on Form 10-K/A

In connection with the Annual Report on Form 10-K of Pacific Mercantile Bancorp (the
Company) for the fiscal year ended December 31, 2009, as amended by this Amendment No. 1 on Form 10-K/A (the Annual Report), and pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the
Sarbanes-Oxley Act of 2003, I, Raymond E. Dellerba, certify that:

(1) The Annual Report fully complies with the requirements
of Section 13(a) and 15(d) of the Securities Exchange Act of 1934; and

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

Dated: April 6, 2010



/S/ RAYMOND E. DELLERBARaymond E. DellerbaPresident and Chief Executive OfficerA signed original of this written statement required by Section 906 has been provided to Pacific Mercantile Bancorp and will be retained by Pacific Mercantile Bancorp and
furnished to the Securities and Exchange Commission or its staff upon request.
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-07-018 April 13, 2007

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

Roger Hannah (404)562-4417

NRC STAFF ISSUES ORDER TO FORMER CONTRACT FOREMAN FOR

DELIBERATE MISCONDUCT AT BROWNS FERRY NUCLEAR PLANT

The Nuclear Regulatory Commission staff has issued a confirmatory order to a foreman

employed by Stone and Webster Engineering Company at the Tennessee Valley Authority’s Browns

Ferry nuclear power plant for deliberate misconduct.

An NRC investigation determined that Robbie Balentine engaged in deliberate misconduct in

early 2004 while acting as lead foreman for some paint removal activities inside the torus at Browns

Ferry Unit 1. The torus is a large doughnut-shaped metal structure below the reactor vessel designed to

capture excess steam in some accident scenarios. 

The NRC’s Office of Investigations found that Mr. Balentine willfully directed and allowed

open blasting to be performed in violation of the requirements of a radiation work permit and verbal

instructions. Balentine’s deliberate misconduct resulted in an internal contamination event involving a

painter under his supervision as well as a violation of a portion of the Browns Ferry nuclear plant

license related to radiation protection.

The order issued to Balentine is a result of mediation under an NRC pilot program using a

neutral third party. Under the order, Balentine agrees to take corrective actions including following all

instructions, procedures and requirements governing NRC-licensed activities, ensuring that all those

working for him do likewise and participating in any initiatives established by TVA or Stone and

Webster to use this event as training for others. 

As a result of this agreement, the NRC will not take further enforcement action against

Balentine nor does the agency take any position on his suitability for employment at NRC-licensed

facilities.

###
#### Franz J. Emmerich, Appellant, v. City Bank Farmers Trust Company, as Executor and Trustee under the Will of Rudolph F. Emmerich, Deceased, Respondent.

We find that the plaintiff had knowledge, more than six years prior to the commencement of this action, of the existence and termination of the trust described in the complaint under which he became the remainderman of his aunt Marie Auguste Emmerich and of the conversion of that portion of the corpus thereof to which this action relates. Present — Peek, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ. [See *post,*p. 1026.]
§ 359.604 Removal from the SES and placement rights outside the SES. ( a ) If a probationary appointee is identified for reduction in force under § 359.602(a), removal action is taken under § 359.405. Placement rights outside the SES are covered under subpart G of this part.
( b ) If a career appointee who has completed the probationary period, or who did not have to serve one, is identified for reduction in force under § 359.602(a) and is not placed elsewhere in the SES under § 359.602(b) or § 359.603, or declines a placement offer under § 359.603, removal action is taken under § 359.604(b). Placement rights outside the SES are covered under subpart G of this part.
#### § 610.101 Coverage.

This subpart applies to each employee to whom subpart A of part 550 applies and to each employee whose pay is fixed and adjusted from time to time under section 5343 or 5349 of title 5, United States Code, or by a wage board or similar administrative authority serving the same purpose.

[42 FR 3297, Jan. 18, 1977]
#### In the Matter of the Application of Acker Merrall & Condit Company et al., Respondents-Appellants, against New York State Liquor Authority et al., Appellants-Respondents.

Order denying appellants-respondents’ motion to dismiss the petitions affirmed, with costs to the petitioners-respondents-appellants, and the order annulling the determination of the Liquor Authority is modified to remit the matter to the Authority for further consideration in accordance with the opinion herein, with costs to the petitioners-respondents-appellants. Opinion by Peck, P. J. Breitel and Bastow, JJ., dissent in dissenting opinion. Settle order on notice. Order granting motion to punish Bob’s Corked Liquors, Inc., unanimously reversed and the petition denied. Order filed. Present — Peek, P. J., Dore, Callahan, Breitel and Bastow, JJ. [Also printed *ante,*p. 638.— Rep.]
#### Byrne Bowman & Forshay, Inc., Appellant, v. Lawrence J. De Swarte, Respondent.

Judgment unanimously reversed, without costs. Order unanimously affirmed, with $20 costs and disbursements to the respondent, with leave to plaintiff to serve an amended complaint within ten days after service of the order to be entered herein, with notice' of entry, on payment of said costs. No opinion. Settle order on notice. Present — Peek, P. J., Cohn, Callahan, Van Voorhis and Shientag, JJ.
[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: 04-24778]


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

DEPARTMENT OF THE INTERIOR

National Park Service


National Register of Historic Places; Notification of Pending 
Nominations

    Nominations for the following properties being considered for 
listing in the National Register were received by the National Park 
Service before October 10, 2004.
    Pursuant to section 60.13 of 36 CFR Part 60 written comments 
concerning the significance of these properties under the National 
Register criteria for evaluation may be forwarded by United States 
Postal Service, to the National Register of Historic Places, National 
Park Service, 1849 C St. NW., 2280, Washington, DC 20240; by all other 
carriers, National Register of Historic Places, National Park Service, 
1201 Eye St. NW., 8th floor, Washington DC 20005; or by fax, 202-371-
6447. Written or faxed comments should be submitted by November 22, 
2004.

Carol D. Shull,
Keeper of the National Register of Historic Places.

DISTRICT OF COLUMBIA

District of Columbia

Convent de Bon Secours, 4101 Yuma St. NW., Washington, 04001237.

Friendship Baptist Church, 734 First St. SW., Washington, 04001236.

GEORGIA

Brooks County

Bethlehem Primitive Baptist Church and Cemetery, Cty Rd. 125, 
Quitman, 04001239.

Dodge County

Peabody School, Herman Ave., Eastman, 04001238.

GUAM

Guam County

Talagi Pictograph Cave, Address Restricted, Andersen Air Force Base, 
04001240.

MISSISSIPPI

Alcorn County

Corinth Clothing Manufacturing Company Building, Tate St. at Davis 
St., Corinth, 04001241.

MISSOURI

St. Louis County

Patterson, Elisha and Lucy, Farmstead Historic District, 15505 New 
Halls Ferry Rd., Florissant, 04001242.

PUERTO RICO

San Juan Municipality

Edificio del Valle, 1118 Ponce de Leon Ave., San Juan, 04001243.

VIRGINIA

Albemarle County

McCormick, Leander, Observatory, 600 McCormick Rd., Charlottesville, 
04001245.

Amherst County

Tusculum, 2077 N. Amherst Hwy. (US 29), Amherst, 04001244

    A request for removal has been made for the following resource:

SOUTH DAKOTA

Yankton County

Steingrube Place, (Northern and Central Townships of Yanktown MRA), 
30089 452nd Ave., Wakonda, 03001539.

[FR Doc. 04-24778 Filed 11-4-04; 8:45 am]
BILLING CODE 4310-70-P
### §4264. Enhancing international outreach and partnership of United States agencies involved in marine debris activities

#### (a) Findings

Congress recognizes the success of the marine debris program of the National Oceanic and Atmospheric Administration and the Trash-Free Waters program of the Environmental Protection Agency.

#### (b) Authorization of efforts to build foreign partnerships

The Under Secretary and the EPA Administrator shall work with the Secretary of State and the Administrator of the United States Agency for International Development to build partnerships, as appropriate, with the governments of foreign countries and to support international efforts to combat marine debris.

(Pub. L. 116–224, title II, §204, Dec. 18, 2020, 134 Stat. 1091.)
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. 08-038 February 28, 2008 

NRC DOCKETS APPLICATION FOR NEW REACTORS 

AT LEE SITE IN SOUTH CAROLINA 

The Nuclear Regulatory Commission has docketed, or accepted for review, a 

combined license (COL) application for two new reactors at the Lee site in Cherokee 

County, S.C. The Lee application is the fifth COL the agency has accepted. 

Duke Energy submitted the application and associated information Dec. 13, 2007. 

The application, minus proprietary or security-related details, is available on the NRC 

Web site at: http://www.nrc.gov/reactors/new-licensing/col.html. Duke seeks approval to 

build and operate two AP1000 reactors at the site, approximately 35 miles southwest of 

Charlotte, N.C. The AP1000 is a Westinghouse 1,100 megawatt electric pressurizedwater reactor design the NRC certified in 2006. The NRC accepted Westinghouse’s 

application to amend the AP1000 design in January. 

Docketing the application does not preclude additional requests for information as 

the review proceeds; nor does it indicate whether the Commission will issue the license. 

The docket numbers established for this application are 52-018 and 52-019. 

 The NRC will publish in the near future an opportunity to intervene in the 

adjudicatory hearing required for this application. 

 In addition to Lee, the NRC is currently reviewing COL applications for the South 

Texas Project site in Texas, the Bellefonte site in Alabama, the North Anna site in 

Virginia, and a partial application for the Calvert Cliffs site in Maryland. The agency 

expects an additional 15 applications in 2008. Information about the new reactor 

licensing process is available on the NRC Web site at: http://www.nrc.gov/reactors/newreactor-licensing.html. 
### 

News releases are available through a free listserv subscription at the following Web 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 

Web site.
§ 630.1702 Definitions. ( a ) *Applicability of subpart L definitions.* The definitions of terms in § 630.1202 are applicable in this subpart to the extent the terms are used, except that, to the extent any definitions of terms have been further revised in § 630.1702(b), the provisions of that section shall apply for purposes of this subpart.
( b ) *Other definitions.* In this subpart—
*Agency* means an Executive agency as defined in 5 U.S.C. 105, excluding the Government Accountability Office. When the term “agency” is used in the context of an agency making determinations or taking actions, it means the agency head or management officials who are authorized (including by delegation) to make the given determination or take the given action.
*Birth or placement* means the birth of a son or daughter of a covered employee, or a new placement of a son or daughter with a covered employee for adoption or foster care, that is the basis for unpaid leave granted under § 630.1203(a)(1) or (2) (which correspond to 5 U.S.C. 6382(a)(1)(A) or (B), respectively). For the purpose of interpreting this definition, the terms *birth* and *placement* have the meanings given those terms in § 630.1202, except that paid parental leave may not be granted based on an anticipated birth or placement.
*Child* means a son or daughter as defined in § 630.1202 whose birth or placement is the basis for entitlement to paid parental leave.
*FMLA unpaid leave* means leave without pay granted under the Family and Medical Leave Act (FMLA) regulations in subpart L of this part.
*Paid parental leave* means paid time off from an employee's scheduled tour of duty that is authorized under 5 U.S.C. 6382(d)(2)(B)(i) and this subpart and that is granted to cover periods of time within the 12-month period commencing on the date of birth or placement to an employee who has a current parental role in connection with the child whose birth or placement was the basis for granting FMLA unpaid leave under § 630.1203(a)(1) or (2). This leave is not available to an employee who does not have a current parental role.
### §140302. Purposes

The purposes of the corporation are—

(1) to safeguard and strengthen the forces of faith and morality of our Nation;

(2) to perpetuate and deepen the bonds of understanding and friendship of our military service;

(3) to preserve our spiritual influence and interest in all members and veterans of the Armed Forces;

(4) to uphold the Constitution of the United States; and

(5) to promote justice, peace, and good will.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1380.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 140302 | 36:313. | Sept. 20, 1950, ch. 956, §3, 64 Stat. 868. |

Section
§ 732.401 Reemployment eligibility of certain former Federal employees. ( a ) *Request.* A former employee who was terminated, or who resigned while charges were pending, from a department or agency of the Government under a statute or executive order authorizing termination in the interest of national security or on grounds relating to loyalty, and authorizing OPM to determine the eligibility for employment in another department or agency of the Government, may request OPM in writing to determine whether the individual is eligible for employment in another department or agency of the Government.
( b ) *Action by OPM.* ( 1 ) OPM shall determine, and will notify the former employee, after appropriate consideration of the case, including such investigation as it considers necessary, whether the individual may be employed in another department or agency of the Government.
( 2 ) If a former Federal employee found ineligible under this section has had an opportunity to comment on the reasons for the action, or has furnished them to OPM or to the former employing agency, OPM may cancel the reinstatement eligibility if the eligibility resulted from the last Federal employment and was obtained through fraud, and OPM may prescribe a period of debarment not to exceed 3 years.
JUN 0 4 2002

EMPLOYER STATUS DETERMINATION

GALVESTON RAILWAY, INC.

This is the determination of the Railroad Retirement Board concerning

the continuing status of the Galveston Railway, Inc. (GRI) (B.A. No.

2596) as a covered employer under the Railroad Retirement Act (45

U.S.C. § 231, et seq.) (RRA) and the Railroad Unemployment Insurance

Act (45 U.S.C. § 351, et seq.) (RUIA). The GRI was ruled to be an

employer under the RRA and RUIA effective November 5, 1987.

GRI transferred all of its assets to Galveston Railroad, L.P. (GRLP) on

May 31, 1991. GRLP (B.A. No. 3883) was ruled to be an employer 

under the RRA and RUIA effective June 1, 1991. GRI then became a

holding company with no railroad assets and no railroad employees.

Interstate Commerce Commission authority for this transaction was set

forth in ICC Finance Docket No. 31869 (Sub-No.l), decided June 28,

1991. According to Mr. David Scott Helms, Treasurer of GRI, GRI has

not had any employees and has not operated as a railroad since

May 31, 1991. Mr. Helms stated further that GRI will not operate as a

railroad in the future.

Based on the above information, it is the determination of the Railroad 

Retirement Board that the Galveston Railway, Inc., ceased to be an

employer under the RRA and RUIA on May 31, 1991, the date on which

it transferred all of its assets to GRLP.

4JU-'jLL±±

CherrvFT. Thomas

V. M. Speakman, Jr.

V

Jerome F. Kever

BA# 2596
#### Cotton Queen Frocks, Inc., Appellant, v. Consolidated Textile Co., Inc., Respondent.

Ho opinion. Present — Glennon, J. P., Dore, Cohn, Van Voorhis and Shientag, JJ.; Glennon, J. P., and Dore, J., dissent and vote to reverse the order and the judgment appealed from and to deny the motion for summary judgment on the ground that there are issues of fact to be tried. [See *post,*p. 654.]
### Part L—Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking
§ 6.1 Authority to except positions from the competitive service. ( a ) OPM may except positions from the competitive service when it determines that (A) appointments thereto through competitive examination are not practicable, or (B) recruitment from among students attending qualifying educational institutions or individuals who have recently completed qualifying educational programs can better be achieved by devising additional means for recruiting and assessing candidates that diverge from the processes generally applicable to the competitive service. These positions shall be listed in OPM's annual report for the fiscal year in which the exceptions are made.
( b ) OPM shall decide whether the duties of any particular position are such that it may be filled as an excepted position under the appropriate schedule.
( c ) Notice of OPM's decision granting authority to make appointments to an excepted position under the appropriate schedule shall be published in the Federal Register.
[28 FR 10025, Sept. 14, 1963, as amended by E.O. 11315, 3 CFR, 1966-1970 Comp., p. 597; E.O. 12043, 43 FR 9773, Mar. 10, 1978; E.O. 13562, 75 FR 82587, Dec. 30, 2010]
**Exhibit      32.1**

**CERTIFICATION      PURSUANT TO**

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

| 1) | The                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Securities Exchange Act of 1934, as amended;                and |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2) | The                information contained in the Report fairly presents, in all material                respects, the financial condition and results of operations of the                Liquidation Trust. |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                August 14, 2007 | By:    | /s/                Conrad F. Hocking                                 |
|--------------------------------------|--------|----------------------------------------------------------------------|
|                                 |   | Conrad                F. HockingLiquidation                  Trustee |