alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### **CHAPTER 43—EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES**

#### SUBCHAPTER I—GENERAL

Sec.
4301.
Purposes; sense of Congress.
4302.
Relation to other law and plans or agreements.
4303.
Definitions.
4304.
Character of service.

#### SUBCHAPTER II—EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS

4311.
Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited.
4312.
Reemployment rights of persons who serve in the uniformed services.
4313.
Reemployment positions.
4314.
Reemployment by the Federal Government.
4315.
Reemployment by certain Federal agencies.
4316.
Rights, benefits, and obligations of persons absent from employment for service in a uniformed service.
4317.
Health plans.
4318.
Employee pension benefit plans.
4319.
Employment and reemployment rights in foreign countries.

#### SUBCHAPTER III—PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION

4321.
Assistance in obtaining reemployment or other employment rights or benefits.
4322.
Enforcement of employment or reemployment rights.
4323.
Enforcement of rights with respect to a State or private employer.
4324.
Enforcement of rights with respect to Federal executive agencies.
4325.
Enforcement of rights with respect to certain Federal agencies.
4326.
Conduct of investigation; subpoenas.
4327.
Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations.

#### SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

4331.
Regulations.
4332.
Reports.
4333.
Outreach.
4334.
Notice of rights and duties.
4335.
Training for Federal executive agency human resources personnel on employment and reemployment rights and limitations.

#### **Editorial Notes**

#### Codification

This chapter was originally added by Pub. L. 93–508, title IV, §404(a), Dec. 3, 1974, 88 Stat. 1594, and amended by Pub. L. 94–286, May 14, 1976, 90 Stat. 517; Pub. L. 94–502, Oct. 15, 1976, 90 Stat. 2383; Pub. L. 96–466, Oct. 17, 1980, 94 Stat. 2171; Pub. L. 97–295, Oct. 12, 1982, 96 Stat. 1287; Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3335; Pub. L. 99–576, Oct. 28, 1986, 100 Stat. 3248; Pub. L. 102–12, Mar. 18, 1991, 105 Stat. 34; Pub. L. 102–25, Apr. 6, 1991, 105 Stat. 75; Pub. L. 102–568, Oct. 29, 1992, 106 Stat. 4320. This chapter is shown here, however, as having been added by Pub. L. 103–353, §2(a), Oct. 13, 1994, 108 Stat. 3150, without reference to those intervening amendments because of the general amendment of this chapter by Pub. L. 103–353.

A prior chapter 43 "Mustering-Out Payments", Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1222, 1223, consisted of sections 2101 to 2105, prior to repeal by Pub. L. 89–50, §1(a), June 24, 1965, 79 Stat. 173.

#### Amendments

**2008**—Pub. L. 110–389, title III, §§311(f)(2), 313(b), Oct. 10, 2008, 122 Stat. 4164, 4167, added items 4327 and 4335.

**2004**—Pub. L. 108–454, title II, §203(b), Dec. 10, 2004, 118 Stat. 3606, added item 4334.

**1998**—Pub. L. 105–368, title II, §212(b)(2), Nov. 11, 1998, 112 Stat. 3331, added item 4319.
Exhibit 23.2



Independent Auditors Consent



We consent to the incorporation by reference in Registration Statement No. 333-74501 on Form S-3 and Registration Statements No. 33-91890,
33-18996, 33-18997, 33-65768 and 333-79093 on Form S-8 of Armstrong World Industries, Inc. of our report dated April 16, 2004, with respect to the consolidated balance sheets of Worthington Armstrong Venture as of December 31, 2003 and 2002 and the
related consolidated statements of income, partners equity, and cash flows for each of the years in the three-year period ended December 31, 2003, which report appears in the December 31, 2003 annual report on Form 10-K/A of Armstrong World
Industries, Inc.



Our report dated April 16, 2004 refers to a change in the
method of accounting for goodwill and other intangible assets.



|                          
|--------------------------
|/s/ KPMG LLP              
|                          
|Philadelphia, Pennsylvania
|October 27, 2004
#### § 831.107 Computation of time.

In computing a period of time prescribed by this part, the day of the action or event after which the designated period of time begins to run is not included. The last day of the period is included unless it is a Saturday, a Sunday, or a legal holiday; in this event, the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.

[33 FR 12498, Sept. 4, 1968. Redesignated at 44 FR 37889, June 29, 1979]
§ 890.1070 Deciding contests of proposed penalties and assessments. ( a ) *Debarring official reviews entire administrative record.* After the provider submits the information and evidence authorized or required by § 890.1069, the debarring official shall review the entire official record to determine if the contest can be decided without additional administrative proceedings, or if an evidentiary hearing is required to resolve disputed material facts.
( b ) *Previously determined facts.* Any facts relating to the basis for the proposed penalties and assessments that were determined in prior due process proceedings are binding on the debarring official in deciding the contest. “Prior due process proceedings” are those set forth in § 890.1025(a)(1) through (4).
( c ) *Deciding the contest without further proceedings.* To decide the contest without further administrative proceedings, the debarring official must determine that: ( 1 ) The preponderance of the evidence in the administrative record as a whole demonstrates that the provider committed a sanctionable violation described in § 890.1061; and
( 2 ) The evidentiary record contains no *bona fide* dispute of any fact material to the proposed financial sanction. A “material fact” is a fact essential to determining whether a provider committed a sanctionable violation for which penalties and assessments may be imposed.
( d ) *Final decision without further proceedings.* If the debarring official determines that paragraphs (c)(1) and (c)(2) of this section both apply, a final decision may be issued, imposing financial sanctions in amounts not exceeding those proposed in the notice to the provider described in § 890.1066.
( e ) *Insufficient evidence.* If the debarring official determines that a preponderance of the evidence does not demonstrate that the provider committed a sanctionable violation described in § 890.1061, the notice of proposed sanctions described in § 890.1066 must be withdrawn.
( f ) *Disputed material facts.* If the debarring official determines that the administrative record contains a *bona fide* dispute about any fact material to the proposed sanction, he must refer the case for a fact-finding hearing to resolve the disputed fact or facts. The provisions of § 890.1027(b) and (c), 890.1028, and 890.1029(a) and (b) will govern such a hearing.
( g ) *Final decision after fact-finding hearing.* After receiving the report of the fact-finding hearing, the debarring official must apply the provisions of paragraphs (c), (d), and (e) of this section to reach a final decision on the provider's contest.
EMPLOYER STATUS DETERMINATION

Garden City Northern Railway, Inc.

This is the determination of the Railroad Retirement Board

concerning the status of Garden City Northern Railway, Inc. (GCNR)

(BA No. 3770) as an 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 sea.) (RUIA).

In Interstate Commerce Commission (ICC) Finance Docket No. 31861,

decided May 2, 1991, the ICC authorized the merger of GCNR into

Garden City Western Railway Co. (GCWR) .1 The ICC stated that the

merger was expected to be consummated on September 1, 1991.

Information regarding this merger was provided by R.M. Wasinger,

Manager of Garden City Western Railway, Inc. (GCW), which is the

surviving entity. According to Mr. Wasinger, GCNR ceased

operations on September 1, 1991.2 Mr. Wasinger provided a copy of

the minutes of the meeting of Board of Directors of GCWR held on

April 17, 1991, at which the incorporation of GCW was approved.

Based upon the information summarized above, it is determined that

Garden City Northern Railway, Inc. ceased to be a rail carrier

employer under the RRA and RUIA effective September 1, 1991, the

date that it merged into the Garden City Western' ay Co.

Glen L. Bower

1 GCWR has been found to be a covered employer under the Acts.

BA No. 3720.

2 It is noted that the letter states the merger took place on

"9-1-92"; it is assumed that this is a typographical error, since

the letter itself is dated May 26, 1992, and September 1, 1991, is

the date reported by the ICC.

BCD 1995-109 BA # 3770
<PAGE>

                                                                    Exhibit 23.3
                                                                    ------------

               CONSENT OF NETHERLAND, SEWELL & ASSOCIATES, INC.



The Board of Directors of
Pure Resources, Inc.

As independent petroleum consultants, we hereby consent to the inclusion of the
information included in this Form 10-K with respect to the net proved oil and
gas reserves of Pure Resources, Inc. as of December 31, 2000, and the present
value thereof, which information has been included in this Form 10-K. We hereby
further consent to all references to our firm included in this Form 10-K and to
the incorporation by reference in the Registration Statements on Form S-8 (No's.
333-48346, 333-37868 and 333-37870), the Post-Effective Amendment No. 1 on Form
S-8 to Form S-4 Registration Statement (No. 333-34970) and the Registration
Statement on Form S-4 (No. 333-34970) of Pure Resources, Inc., of such reference
to our name and such information with respect to the net proved oil and gas
reserves of Pure Resources, Inc., and the present value thereof.

                                      NETHERLAND, SEWELL & ASSOCIATES, INC.



                                      By:  /s/  Frederic D. Sewell
                                           -------------------------------
                                      Name: Frederic D. Sewell
                                      Title: President

March 6, 2001
# L_2017089EN.01000102.xml

| 1.4.2017 | EN | Official Journal of the European Union | L 89/1 |
| --- | --- | --- | --- |

1.4.2017

EN

Official Journal of the European Union

L 89/1

---

Notice concerning the provisional application of the Strategic Partnership Agreement (SPA) between the European Union and its Member States, of the one part, and Canada, of the other part

The Strategic Partnership Agreement (SPA) between the European Union and its Member States, of the one part, and Canada, of the other part (1), signed in Brussels on 30 October 2016, shall, pursuant to its Article 30.2, be provisionally applied as from 1 April 2017. By virtue of Article 3 of the Council Decision of 28 October 2016 on signing and provisional application of the Agreement, the following parts of the Agreement shall be applied provisionally between the Union and Canada, but only to the extent that they cover matters falling within the Union's competence, including matters falling within the Union's competence to define and implement a common foreign and security policy:

1

| (a) | Title I: Article 1; |
| --- | --- |

(a)

Title I: Article 1;

| (b) | Title II: Article 2; |
| --- | --- |

(b)

Title II: Article 2;

| (c) | Title III: Article 4(1), Article 5 and Article 7(b); |
| --- | --- |

(c)

Title III: Article 4(1), Article 5 and Article 7(b);

| (d) | Title IV:






  — | Article 9, Articles 10(2), 10(3), 12(4), 12(5) and 12(10), and Articles 14, 15, 16 and 17; |
| --- | --- | --- |

(d)

Title IV:

—

Article 9, Articles 10(2), 10(3), 12(4), 12(5) and 12(10), and Articles 14, 15, 16 and 17;

| — | Articles 12(6), 12(7), 12(8), 12(9) and Article 13, to the extent that these provisions are limited to matters for which the Union has already exercised its competences internally; |
| --- | --- |

—

Articles 12(6), 12(7), 12(8), 12(9) and Article 13, to the extent that these provisions are limited to matters for which the Union has already exercised its competences internally;

| (e) | Title V: Article 23(2); |
| --- | --- |

(e)

Title V: Article 23(2);

| (f) | Title VI: Articles 26, 27 and 28; |
| --- | --- |

(f)

Title VI: Articles 26, 27 and 28;

| (g) | Title VII: Articles 29, 30, 31, 32, 33 and 34, to the extent that these provisions are limited to the purpose of ensuring provisional application of the Agreement. |
| --- | --- |

(g)

Title VII: Articles 29, 30, 31, 32, 33 and 34, to the extent that these provisions are limited to the purpose of ensuring provisional application of the Agreement.

---

(1)  
  OJ L 329, 3.12.2016, p. 45.

1

---
### **CHAPTER 9—AGENCY CHIEF FINANCIAL OFFICERS**

Sec.
901.
Establishment of agency Chief Financial Officers.
902.
Authority and functions of agency Chief Financial Officers.
903.
Establishment of agency Deputy Chief Financial Officers.
## EMFAC Flow Chart

Travel Demand Model (Trip

- based VMT)



### Start

Exhaust Hot Soak Running Losses Diurnal

VMT / day X Emission rate (g/mile) 

### Resting

No. of veh. X Emission rate (g/day/veh.) No. of starts/veh. /day X No. of veh. X Emission rate (g/start) No. of veh. X Emission rate (g/day/veh) No. of starts/veh/day X No. of veh. X Emission rate (g/start) 

### DMV (Vehicle Population)



### Running Exhaust

Total Exhaust Total Evaporative

Total Emissions EMFAC Model

No. of starts/veh. /day X No. of veh. X Emission rate (g/start)



### Emissions Report
### §420. Allowances while participating in international sports

(a) Section 717 of title 10 does not authorize the payment of allowances at higher rates than those provided for participation in military activities not covered by that section.

(b) Notwithstanding any other law, a member of a uniformed service is not entitled to travel and transportation allowances under section 452 of this title for any period during which his expenses for travel or transportation are being paid by the agency sponsoring his participation in a competition covered by section 717 of title 10.

(c) Notwithstanding any other law, a member of a uniformed service who has no dependents is not entitled to the basic allowances for subsistence and housing authorized by sections 402 and 403 of this title for a period during which he is subsisted and quartered by the agency sponsoring his participation in a competition covered by section 717 of title 10.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 478, §419; Pub. L. 89–718, §64, Nov. 2, 1966, 80 Stat. 1123; renumbered §420, Pub. L. 100–180, div. A, title VI, §611(a)(1)(A), Dec. 4, 1987, 101 Stat. 1093; Pub. L. 105–85, div. A, title VI, §603(d)(1)(C), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, §626(h)(2), Dec. 23, 2022, 136 Stat. 2629.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 419(a)419(b)419(c) | 37:256a(a).37:256a(b).37:256a(c). | Oct. 12, 1949, ch. 681, §307; added Sept. 2, 1958, Pub. L. 85–861, §11, 72 Stat. 1556. |

419(b)

419(c)

37:256a(b).

37:256a(c).

#### **Editorial Notes**

#### Prior Provisions

A prior section 420 was renumbered section 421 of this title.

#### Amendments

2022—Subsec. (b). Pub. L. 117–263 substituted "section 452" for "sections 474–481".

2013—Subsec. (b). Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(A). See 2011 Amendment note below.

2011—Subsec. (b). Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "474–481" for "404–411".

1997—Subsec. (c). Pub. L. 105–85 substituted "housing" for "quarters".

1966—Pub. L. 89–718 substituted "section 717 of title 10" for "section 716 of title 10" wherever appearing.

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

#### Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

#### Effective Date of 1997 Amendment

Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.
Exhibit 4(i)  


CERTIFICATE  



	CONTRACT NUMBER	 	EFFECTIVE DATE
	

OWNER 1	
 	

BIRTH DATE OF OWNER 1
	

OWNER 2	
 	

BIRTH DATE OF OWNER 2
	

ANNUITANT	
 	

BIRTH DATE OF ANNUITANT
	

BENEFICIARY	
 	

ANNUITY COMMENCEMENT DATE
	

INITIAL PURCHASE PAYMENT: {$100,000.00}	
 	

 
	
SALES CHARGE PERCENTAGE APPLIED TO PURCHASE PAYMENTS





	

Contract Value or Aggregate Purchase Payments


	
 	

Sales Charge Percentage

	 	{Less than $50,000}	 	{5.50%}
	 	{At least $50,000 but less than $100,000}	 	{4.50%}
	 	{At least $100,000 but less than $250,000}	 	{3.50%}
	 	{At least $250,000 but less than $500,000}	 	{2.50%}
	 	{At least $500,000 but less than $1,000,000}	 	{2.00%}
	 	{At least $1,000,000 but less than $2,500,000}	 	{1.00%}
	 	{$2,500,000 or greater}	 	{0.50%}
	
MORTALITY AND EXPENSE RISK CHARGE
 {0.50%} per annum.	
 	

 
	
ADMINISTRATION CHARGE
 {0.10%} per annum.	
 	

 
	
DEATH BENEFIT
 {Return of Purchase Payments}	
 	

 
	
DEATH BENEFIT COST CALCULATION METHOD
 {Asset Based Fee}	
 	

 
	
CONTRACT MAINTENANCE FEE: {$30}	
 	

 
	The contract maintenance fee is deducted prior to the Annuity Commencement Date on each Contract Anniversary, and on any day that the Contract is surrendered other than the Contract Anniversary. The contract maintenance fee
will be deducted from the Allocation Options in the same proportion as their values are to the Contract Value. The contract maintenance fee will be waived by the Company in the event the Contract Value or the aggregate Purchase Payments reduced by
surrenders equals or exceeds $50,000 on the date the contract maintenance fee is to be deducted.
	
TRANSFER FEE
	{$25} per transfer in excess of 12 transfers in any Contract Year.

	 	 





1





 

	
{MINIMUM GUARANTEED INTEREST RATE FOR THE GUARANTEED ACCOUNT: {1.00%}}
	
{ANNUAL EFFECTIVE INTEREST RATES ON THE EFFECTIVE DATE:}
 {FIXED ACCOUNT—1.50%}

{DCA FIXED ACCOUNT 1—4.00%}

{DCA FIXED ACCOUNT 2—3.50%}

{DCA FIXED ACCOUNT 3—3.00%}






ALLOCATION OPTIONS AVAILABLE ON THE EFFECTIVE DATE  



	{Protective Life Guaranteed Account}	 	 
	 	{Fixed Account}	 	 
	 	{DCA Fixed Account 1}	 	 
	 	{DCA Fixed Account 2}	 	 
	 	{DCA Fixed Account 3}	 	 
	
Sub-Accounts of the

Protective Variable Annuity Separate Account:	
 	

 
	

{Goldman Sachs}	
 	
{OppenheimerFunds}
	 	{CORE Small Cap Equity}

{International Equity}

{Mid Cap Value}

{Capital Growth}

{CORE U.S. Equity}

{Growth and Income}	 	        {Global Securities SS}

        {Aggressive Growth SS}

        {Capital Appreciation SS}

        {Main Street SS}

        {Strategic Bond SS}

        {High Income SS}

        {Money}
	
{Lord Abbett}	
 	

{Van Kampen}
	 	{Growth Opportunities}

{Mid-Cap Value}

{Growth and Income}

{America's Value}

{Bond-Debenture}	 	        {Aggressive Growth II}

        {Emerging Growth II}

        {Enterprise II}

        {Comstock II}

        {Growth and Income II}

        {Government II}

        {UIF Equity and Income II}
	
{MFS Investment Management}	
 	

 
	 	{New Discovery SS}

{Emerging Growth SS}

{Investors Growth Stock SS}

{Research SS}

{Utilities SS}

{Investors Trust SS}

{Total Return SS}

	 	 




2
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-20344

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JULIO DELGADO-LOYA, also known as Julio Edward Delgado, also known as

Julio Delgado Loya, also known as Julio Delgado, also known as Julio Eduardo

Delgado-Loya,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:08-CR-561-1

Before KING, STEWART and HAYNES, Circuit Judges.

PER CURIAM:*

Julio Delgado-Loya (Delgado) appeals the 77-month sentence imposed

following his guilty-plea conviction for illegal reentry following previous

deportation. He argues that the district court committed significant procedural

error by imposing a sentence within the pertinent guidelines range without

United States Court of Appeals

Fifth Circuit

F I L E D

March 26, 2010

Charles R. Fulbruge III

Clerk

Case: 09-20344 Document: 00511063887 Page: 1 Date Filed: 03/26/2010
No. 09-20344

2

giving specific reasons for rejecting his nonfrivolous arguments in favor of a

sentence below this range. He requests this court to vacate his sentence.

We review Delgado’s argument for plain error because he raises it for the

first time on appeal. See United States v. Mondragon-Santiago, 564 F.3d 357,

361 (5th Cir.), cert. denied, 130 S. Ct. 192 (2009). To show plain error, Delgado

must show a forfeited error that is clear or obvious and that affects his

substantial rights. See Puckett v. United States, 129 S. Ct. 1423, 1429 (2009).

If he makes such a showing, this court has the discretion to correct the error but

will do so only if the error substantially affects the fairness, integrity, or public

reputation of judicial proceedings. Id.

A review of the record does not support Delgado’s argument that the

district court failed to consider his arguments for a lower sentence. In fact, “the

full sentencing record reveals the district court’s reasons for the chosen sentence

and allows for effective review by this court.” United States v. Bonilla, 524 F.3d

647, 657-58 (5th Cir. 2008), cert. denied, 129 S. Ct. 904 (2009). Even if the

district court’s reasons were inadequate and constituted error, Delgado cannot

show that a more extensive explanation would have changed his 77-month

sentence. See Mondragon-Santiago, 564 F.3d at 365. Accordingly, the

judgment of the district court is AFFIRMED. See id.; see also Gall v. United

States, 552 U.S. 38, 53 (2007).

Case: 09-20344 Document: 00511063887 Page: 2 Date Filed: 03/26/2010
§ 846.721 Electing FERS coverage. ( a ) To elect FERS coverage, an employee must submit a completed FERS Election of Coverage form (SF 3109) and any additional documentation that may be required under § 846.722 (relating to the former spouse consent requirement) to the employing office no later than the close of business on December 31, 1998.
( b ) Any writing signed by the employee and filed with the employing office may be treated as an election for the purpose of establishing the date of the election of FERS coverage if the employee intends that document to be an election, but the employee (or, if the employee dies after filing the election but before completing the SF 3109, the survivor) must submit a completed SF 3109 to confirm any such election.
#### § 842.310 Service not creditable because of an election under part 847 of this chapter.

Any FERS service which becomes creditable under a retirement system established for nonappropriated fund employees due to an election made under part 847 of this chapter is not creditable for any purpose under FERS.

[61 FR 41721, Aug. 9, 1996]