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# SECY-07-0158 - Final Rule - Clarification of NRC Civil Penalty Authority Orver Contractors and Subcontractors Who Discriminate Against Employees for Engaging in protected Activities.

Accession Number: ML072200094

Date Released: Wednesday, September 26, 2007

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    - ML070040357 - SECY-07-0158 - Final Rule - Clarification of NRC Civil Penalty Authority Over Contractors and Subcontractors Who Discriminate Against Employees for Engaging in Protected Activities ( (5 page(s), 9/11/2007)
    - ML070040387 - SECY-070158 - Enclosure 1 - Federal Register Notice -  Clarification of NRC Civil Penalty Authority Over Contractors and Subcontractors Who Discriminate Against Employees for Engaging in Protected Activities (27 page(s), 9/11/2007)
    - ML070040374 - SECY-07-0158 - Enclosure 2 - Environmental Assessment - Final Rule - Clarification of NRC Civil Penalty Authority over Contractors and  Subcontractors who Discriminate against Employees for Engaging in Protected Activities RIN 3150-AH59 (4 page(s), 9/11/2007)
    - ML070040406 - SECY-07-0158 - Enclosure 3 - Regulatory Analysis for Final Rulemaking - Clarification of NRC Civil Penalty Authority over Contractors and Subcontractors Who Discriminate Againts Employees for Engaging in Protected Activites (5 page(s), 9/11/2007)
    - ML063110480 - SECY-07-0158 - Enclosure 4 - Enforcement Policy Revision Federal Register Notice (5 page(s), 9/11/2007)
    - ML063110289 - SECY-07-0158 - Enclosure 5 - CRA Forms - Final Rule-Clarification of NRC Civil Penalty Authority (12 page(s), 9/11/2007)

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### §10702. Applications

To request a grant under this subchapter, the chief executive officer of a State, unit of local government, or Indian tribe shall submit an application to the Attorney General at such time and in such form as the Attorney General may require. Such application shall include the following:

(1) A certification that Federal funds made available under this subchapter will not be used to supplant State, local, or tribal funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for the activities described in section 10701(a) of this title.

(2) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require.

(3) A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that—

(A) the activities or services to be funded by the grant meet all the requirements of this subchapter;

(B) all the information contained in the application is correct;

(C) there has been appropriate coordination with affected agencies; and

(D) the applicant will comply with all provisions of this subchapter and all other applicable Federal laws.

(4) An assurance that the applicant will work with the Drug Enforcement Administration to develop an integrated and comprehensive strategy to address opioid abuse.

(Pub. L. 90–351, title I, §3022, as added Pub. L. 114–198, title II, §201(a)(1), July 22, 2016, 130 Stat. 712.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 3797ff–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2003 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2003

 To clarify the criminal intent required to be established to prove a 
criminal violation for wrongful disclosure of individually identifiable 
                          health information.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2003

  Mr. Berry introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
  Ways and Means, and the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To clarify the criminal intent required to be established to prove a 
criminal violation for wrongful disclosure of individually identifiable 
                          health information.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Practitioner Protection 
Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) criminal penalties may be unfairly imposed on persons 
        who, without criminal intent, disclose individually 
        identifiable health information in violation of part C of title 
        XI of the Social Security Act, or otherwise commit a violation 
        punishable under section 1177 of the such Act; and
            (2) it is necessary to revise such section 1177 to 
        establish a general rule that offenses under such section are 
        not punishable if the person committing the offense did not 
        know, or have reason to know, that they were violating Federal 
        law.

SEC. 3. CRIMINAL INTENT REQUIRED FOR OFFENSE OF WRONGFUL DISCLOSURE OF 
              INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.

    Section 1177(b)(1) of the Social Security Act (42 U.S.C. 1320d-
6(b)(1)) is amended by inserting ``if the offense is committed while 
knowing, or having reason to know, that it is an offense against the 
United States,'' before ``be fined''.
                                 <all>
```
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###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on September 16, 2004, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Consumer Electronics Association (“CEA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of its standards development activities. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to section 6(b) of the Act, the name and principal place of business of the standards development organization is: Consumer Electronics Association, Arlington, VA. The nature and scope of CEA's standards development activities are: Activities associated with the design and manufacture of consumer electronics (“CE”) products and related services, CE device/service and device/device interoperability and transmission signals that may traverse the demarcation points of telecommunications infrastructures.

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 04-24578  Filed 11-2-04; 8:45 am]

BILLING CODE 4410-11-M
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 this quarterly  report on Form 10-QSB of CFB Bancshares,
Inc.,  I, Billy M.  Rice,  Chief  Executive  Officer  of CFB  Bancshares,  Inc.,
certify, 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 this report fairly presents,  in all material
     respects,  the  financial  condition  and  results  of  operations  of  CFB
     Bancshares, Inc.



Date:  May 13, 2005                     /s/ Billy M. Rice
                                        ----------------------------------------
                                        Billy M. Rice
                                        Chief Executive Officer
BOARD OF DIRECTOR AND SCIENTIFIC ADVISORY BOARD SERVICES AGREEMENT



 Exhibit 10.6 
  
 August 11, 2000 
  
 Douglas A. Melton, Ph.D. 
 Department of Molecular and Cellular Biology

 Harvard University 
 Howard Hughes Medical Institute

 7 Divinity Avenue 
 Cambridge, Massachusetts 02138 

 
 Dear Doug, 
  
 On behalf of Curis, Inc., I would like to extent two important invitations: 
  

	I.	Member, Board of Directors 

  
 First, I would like to invite to you to become a member of Curis’ Board of Directors. It would be a privilege and a pleasure to have you join our professional panel. Your tenure and experience would certainly be
a valuable contribution to the organization. 
  
 As a member of Curis’ Board,
you would receive cash payments in the amount of an annual retainer of $10,000, as well as $1,000 for each board of directors meeting attended in person, and $500 for board meetings held by telephone conference call. 
  
 You would also be eligible to participate in Curis’ 2000 Director Stock Option Plan.
Under this plan, you would receive an initial grant of stock options to purchase 25,000 shares of common stock, which will be fully vested at the end of four years; and each year you will receive a grant of options to purchase 5,000 shares of stock.

  

	II.	Chairman, Scientific Advisory Board 

  
 I would also like to extend an invitation for you to become the Chairman of the Scientific Advisory Board. As our chairman, I am certain we would all benefit from your
strong intellectual and scientific leadership. 
  
 In this position, you would
receive cash payments in the amount of an annual retainer of $75,000. You would also be eligible to receive options to purchase an additional 25,000 shares of common stock. 
  
 We are very excited about the future of Curis. As a member of our Boards, you would be joining us to make key decisions and plans that will
help shape the direction and future of the company – and, perhaps, the industry. 
  
 Please contact my office at your earliest convenience to schedule a time to discuss this further. I look forward to hearing from you. 
  

	
	Yours sincerely,
	
	/s/    DOROS PLATIKA, M.D.        
	

	President and CEO
B.C.D. 04-3 FEB 0 2 2004

EMPLOYER STATUS DETERMINATION

San Pedro Operating Company, LLC, d/b/a San Pedro Southwestern Railroad

This is the determination ofthe Railroad Retirement Board concerning the status of San

Pedro Operating Company, LLC, d/b/a San Pedro Southwestern Railroad as an employer

under the Railroad Retirement Act (45 U.S.C. § 231 et seq.l and the Railroad Unemployment

Insurance Act (45 U.S.C. § 351 et seq.l.

Information regarding San Pedro was provided by David L. Parkinson, Managing Member

of San Pedro. According to Mr. Parkinson, San Pedro began doing business November 1,

2003. San Pedro is owned by Arizona Railroad Group, LLC, which is currently being 

reviewed for purposes of rendering a coverage determination under the Acts. At start up,

San Pedro provided switching services to Apache Nitrogen Corporation, not a covered

employer. It interchanges with the Union Pacific Railroad. It has two employees and two

diesel switch engines and will operate a 67.5 mile rail line, which was acquired from SWKR

Operating Company, Inc. (formerly known as San Pedro Southwestern Operating Company, 

LLC), a covered employer under the Acts (B.A. No. 2761) which is currently being reviewed 

for termination of coverage under the Acts.

In Surface Transportation Board Finance Docket No. 34430, San Pedro filed a notice of

exemption to acquire and operate a rail line formerly owned by SWKR Operating Company.

Section 1(a)(1) ofthe Railroad Retirement Act (45 U.S.C. § 231(a)(1)), insofar as relevant

here, defines a covered employer as:

(i) any carrier by railroad subject to the jurisdiction ofthe Surface

Transportation Board under Part A ofsubtitle IV oftitle 49, United States

Code;

Sections i(a) and i(b) ofthe Railroad Unemployment Insurance Act (45 U.S.C.

. §§ 351(a) and (b)) contain substantially the same definition, as does section 3231 pfthe

Railroad Retirement Tax Act (26 U.S.C. § 3231).

The evidence of record establishes that San Pedro is a carrier operating in interstate

commerce. Accordingly, it is determined that San Pedro became an employer within the

meaning ofsection i(a)(i)(i) ofthe Railroad Retirement Act (45 U.S.C. § 23i(a)(i)(i)) and

the corresponding provision ofthe Railroad Unemployment Insurance Act as of

November 1, 2003, the date as of which it commenced operations.

Original signed by:

Michael S. Schwartz 

V. M. Speakman, Jr.

Jerome F. Kever

BA # 4786
### §100106. Powers

The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1365.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 100106 | 36:1702. | Nov. 20, 1981, Pub. L. 97–82, §2, 95 Stat. 1091. |

Section

The words "and subject to the laws of such State or States" are omitted as unnecessary.
Exhibit 32.2

Certification of Chief Financial 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 of the Company for the quarterly period ended June 30, 2007 (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: August 1, 2007 |  |  |  |  |  | /s/ JOHN LAMSON        
|                     |  |  |  |  |  | John Lamson            
|                     |  |  |  |  |  | Chief Financial 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.
### **CHAPTER 2301—VETERANS OF FOREIGN WARS OF THE UNITED STATES**

Sec.
230101.
Organization.
230102.
Purposes.
230103.
Membership.
230104.
Powers.
230105.
Exclusive right to name, seal, emblems, and badges.
230106.
Service of process.
230107.
Annual report.
§ 6801.107 Disqualification of supervisory employees from matters involving lenders. ( a ) *Disqualification required.* A supervisory employee may not participate by action, advice or recommendation in any application, enforcement action, investigation, or other particular matter involving specific parties to which a depository institution or its affiliate is a party if any of the following are indebted to the depository institution or any of its affiliates: ( 1 ) The employee;
( 2 ) The spouse or dependent child of the employee;
( 3 ) A company or business if the employee or the employee's spouse or dependent child owns or controls more than 10 percent of its equity; or
( 4 ) A partnership if the employee or the employee's spouse or dependent child is a general partner.
( b ) *Exceptions* — ( 1 ) *Consumer credit on nonpreferential terms.* Disqualification of a supervisory employee is not required by paragraph (a) of this section for the following types of indebtedness if payment on the indebtedness is current and the indebtedness is on terms and conditions offered to the public: ( i ) Credit extended through the use of a credit card;
( ii ) Credit extended through use of an overdraft protection line;
( iii ) Amortizing consumer credit (e.g., home mortgage loans, automobile loans); and
( iv ) Credit extended under home equity lines of credit.
( 2 ) *Indebtedness of a spouse or dependent child.* Disqualification is not required with respect to any indebtedness of the employee's spouse or dependent child, or a company, business or partnership in which the spouse or dependent child has an interest described in paragraphs (a)(3) and (a)(4) of this section, if: ( i ) The indebtedness represents the sole financial interest or responsibility of the spouse, child, company, business or partnership and is not derived from the employee's income, assets or activities; and
( ii ) The employee has no knowledge of the identity of the lender.
( c ) *Waivers.* The Board's Designated Agency Ethics Official, after consulting with the relevant Division director, may grant a written waiver from the disqualification requirement in paragraph (a) of this section using the authorization process set forth in the Office of Government Ethics' Standards of Ethical Conduct at 5 CFR 2635.502(d).
*The HONORABLE CHARLES R. WOLLE, Chief Judge, United

States District Court for the Southern District of

Iowa, sitting by designation.

 The Honorable Michael J. Melloy, Chief Judge, United States 1

District Court for the Northern District of Iowa.

___________

No. 95-1647

___________

Donald Ray Lawrence, *

*

Appellant, * Appeal from the United States

* District Court for the 

v. * Northern District of Iowa.

*

State of Iowa, * [UNPUBLISHED]

*

Appellee. *

___________

 Submitted: December 15, 1995

 Filed: March 5, 1996

___________

Before BOWMAN and LOKEN, Circuit Judges, and WOLLE, District Judge. *

___________

PER CURIAM.

Donald Ray Lawrence appeals from the District Court decision denying 1

his petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1994).

We affirm.

Lawrence was convicted of first degree murder in a bench trial and

he was sentenced to life in prison. After exhausting his state remedies,

he filed a § 2254 petition in the District Court. As
-2-

grounds for habeas relief, he claims that his trial counsel was

ineffective; his waiver of a jury trial was not knowing, intelligent, and

voluntary; and the recusal of the original trial judge at the prosecutor's

request resulted in a violation of his constitutional rights to due process

and a fair trial.

The District Court denied Lawrence's petition, holding that his

claims either were procedurally defaulted or did not rise to the level of

constitutional violations. We agree. As no error of law appears and an

opinion from this Court would have no precedential value, we affirm on the

basis of the District Court's opinion. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
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. 06-129 October 16, 2006

NRC SEEKS PUBLIC COMMENT ON IMPLEMENTATION

OF REACTOR OVERSIGHT PROCESS

The Nuclear Regulatory Commission is seeking comment from members of the public on the

implementation of the Reactor Oversight Process (ROP), which the agency implemented six years ago

to revamp and improve its inspection and enforcement programs for commercial nuclear power plants. 

Each year the NRC seeks feedback to help the agency continue to improve its regulatory approach.

In particular, the NRC would appreciate the public’s answers to a list of 22 questions relating to

the ROP, including the following:

-- Is the information in the inspection reports useful to you?

-- Is the ROP understandable, and are the processes, procedures and products clear and written

in plain English?

-- Has the public had sufficient opportunity to participate in the ROP and provide input and

comments?

All 22 questions are contained in the Federal Register notice of the request for comment, which

was published Oct. 10. The notice is available from the NRC’s Web site at this address:

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/rop2006survey.pdf .

The comment period runs until Dec. 1. Comments may be e-mailed to nrcrep@nrc.gov or

mailed to Chief, Rules and Directives Branch, Office of Administration, Mail Stop T-6D59, U.S.

Nuclear Regulatory Commission, Washington, D.C., 20555-0001. Comments can also be delivered to

Two White Flint North, 11545 Rockville Pike, Rockville, Md., between 7:30 a.m. and 4:15 p.m. on

federal workdays.

###

News releases are available through a free list serve 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.