alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §220306. Exclusive right to name, seals, emblems, insignia, marks, and words

The corporation has the exclusive right to use the name "United States Capitol Historical Society" and seals, emblems, distinctive insignia, and descriptive or designating marks, words, or phrases required to carry out the duties and powers of the corporation. This section does not affect any vested rights.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1464.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 220306 | 36:1215. | Oct. 20, 1978, Pub. L. 95–493, §15, 92 Stat. 1647. |

Section

The word "sole" is omitted as included in "exclusive". The words "required to carry out the duties and powers of the corporation" are substituted for "as may be required in the furtherance of its functions" for consistency in the revised title and with other titles of the United States Code. The words "This section does not affect any vested rights" are substituted for "Nothing in this section shall be construed to interfere or conflict with established or vested rights" for consistency in the revised title and to eliminate unnecessary words.
### §220102. Purposes

The purposes of the corporation are—

(1) to provide a voluntary civilian agency through which the people of this Nation may, in peace or war, serve the religious, spiritual, social, welfare, educational, and entertainment needs of men and women in the Armed Forces, within or without the territorial limits of the United States;

(2) to contribute to the maintenance of morale of men and women in the Armed Forces;

(3) to solicit funds to maintain the organization and accomplish its responsibility;

(4) to accept the cooperation of, and provide an organization and means through which, the National Board of Young Men's Christian Associations, the National Board of Young Women's Christian Associations, the National Catholic Community Service, the Salvation Army, the National Jewish Welfare Board, the Travelers Aid-International Social Service of America, and other civilian agencies experienced in specialized types of related work, which may be needed adequately to meet the particular needs of the members of the Armed Forces, may carry on their historic work of serving the religious, spiritual, social, welfare, educational, and entertainment needs of men and women in the Armed Forces and be afforded an appropriate means of participation and financial assistance;

(5) to coordinate their programs; and

(6) other consonant purposes.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1459.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 220102 | 36:1302. | Dec. 29, 1979, Pub. L. 96–165, §2, 93 Stat. 1268. |

Section

Before clause (1), the word "objects" is omitted as included in "purposes".

In clause (4), the words "and to accept the cooperation of individual citizens in accomplishing its purposes" are omitted as unnecessary because of clause (1) of this section.
#### § 919.640 May a settlement include a voluntary exclusion?

Yes, if we enter into a settlement with you in which you agree to be excluded, it is called a voluntary exclusion and has governmentwide effect.
#### Murray Warrin, Respondent, v. Charm Fashions, Inc., et al., Appellants.

No opinion. Present — Peek, P. J., Dore, Cohn, Callahan and Shientag, JJ. [193 Misc. 229.]
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED April 17, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-30871 Conference Calendar

SHEDDRICK A. HARRIS, Petitioner-Appellant,

versus ROBERT TAPIA, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Western District of Louisiana

USDC No. 1:05-CV-267

-------------------- Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.
PER CURIAM: * Sheddrick A. Harris, federal prisoner # 12207-076, is serving a 240-month sentence following a jury conviction for conspiring to commit murder in retaliation against a federal informant, threatening to cause and causing bodily injury to a federal informant with the intent to retaliate, and causing bodily injury to the wife of a federal informant with the intent to retaliate. He filed a habeas petition under 28 U.S.C. § 2241 asserting that the district court had wrongly calculated his base offense level and had used the wrong version of the SentencingNo. 06-30871 -2- Guidelines. The district court construed the action as a successive 28 U.S.C. § 2255 motion and transferred it to the Sixth Circuit Court of Appeals. Harris seeks to appeal the transfer order. This court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby , 813 F.2d 659, 660 (5th Cir. 1987). We lack jurisdiction over the district court’s interlocutory transfer order. See Brinar v. Williamson , 245 F.3d 515, 517-18 (5th Cir. 2001). Therefore, the appeal is DISMISSED.
EXHIBIT 31.1

                       QUARTERLY CERTIFICATION PURSUANT TO
                  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Robert Tsuida, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Alexander
International Ltd.;

2. Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. As the certifying officer, I am responsible for establishing and maintaining
disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and
15d-14) for the registrant and have:

     a.   designed such disclosure controls and procedures to ensure that
          material information relating to the registrant, including its
          consolidated subsidiaries, is made known to me by others within those
          entities, particularly during the period in which this quarterly
          report is being prepared;

     b.   evaluated the effectiveness of the registrant's disclosure controls
          and procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and

     c.   presented in this quarterly report the conclusions about the
          effectiveness of the disclosure controls and procedures based on my
          evaluation as of the Evaluation Date;

5. As the registrant's certifying officer, I have disclosed, based on the most
recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

     a.   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weaknesses in
          internal controls; and

     b.   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          controls; and

6. As the registrant's certifying officer, I have indicated in this quarterly
report whether or not there were significant changes in internal controls or in
other factors that could significantly affect internal controls subsequent to
the date of the most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
13th day of November 2003.


/s/ Robert Tsuida
------------------------
Chief Executive Officer
§ 575.106 Authorizing a recruitment incentive. ( a ) *Authority of authorized agency official.* An authorized agency official retains sole and exclusive discretion, subject only to OPM review and oversight, to— ( 1 ) Determine when a position is likely to be difficult to fill under paragraph (b) of this section;
( 2 ) Approve a recruitment incentive for an employee under § 575.105;
( 3 ) Establish the criteria for determining the amount of a recruitment incentive and the length of a service period under §§ 575.109(a) and 575.110(a), respectively;
( 4 ) Request a waiver from OPM of the limitation on the maximum amount of a recruitment incentive under § 575.109(c); and
( 5 ) Establish the criteria for terminating a service agreement under § 575.111.
( b ) *Factors for determining when a position is likely to be difficult to fill.* An agency in its sole and exclusive discretion, subject only to OPM review and oversight, may determine that a position is likely to be difficult to fill if the agency is likely to have difficulty recruiting candidates with the competencies required for the position (or group of positions) in the absence of a recruitment incentive. An agency must consider the following factors, as applicable to the case at hand, in determining whether a position (or group of positions) is likely to be difficult to fill in the absence of a recruitment incentive and in documenting this determination as required by § 575.108: ( 1 ) The availability and quality of candidates possessing the competencies required for the position, including the success of recent efforts to recruit candidates for the position or similar positions using indicators such as offer acceptance rates, proportion of positions filled, and the length of time required to fill similar positions;
( 2 ) The salaries typically paid outside the Federal Government for similar positions;
( 3 ) Recent turnover in similar positions;
( 4 ) Employment trends and labor-market factors that may affect the agency's ability to recruit candidates for similar positions;
( 5 ) Special or unique competencies required for the position;
( 6 ) Agency efforts to use non-pay authorities, such as special training and work scheduling flexibilities, to resolve difficulties alone or in combination with a recruitment incentive;
( 7 ) The desirability of the duties, work or organizational environment, or geographic location of the position; and
( 8 ) Other supporting factors.
( c ) An agency may determine that a position (or group of positions) is likely to be difficult to fill if OPM has approved the use of a direct-hire authority applicable to the position (or group of positions) under 5 CFR part 337, subpart B.
[70 FR 25740, May 13, 2005, as amended at 72 FR 67838, Dec. 3, 2007]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Office of the Secretary 

# AGENCY:

Department of Defense, Defense Policy Board Advisory Committee. 

# ACTION:

Notice of meeting. 

# SUMMARY:

The Defense Policy Board Advisory Committee will meet in closed session at the Pentagon on December 8, 2004 from 0930 to 2000 and December 9, 2004 from 0830 to 1500. 

The purpose of the meeting is to provide the Secretary of Defense, Deputy Secretary of Defense and Under Secretary of Defense for Policy with independent, informed advice on major matters of defense policy. The Board will hold classified discussions on national security matters. 

In accordance with section 10(d) of the Federal Advisory Committee Act, Public Law No. 92-463, as amended (5 U.S.C. App II (1982)), it has been determined that this meeting concerns matters listed in 5 U.S.C. 552B(c)(1) (1982), and that accordingly this meeting will be closed to the public. 

Dated: November 5, 2004. 

Jeannette Owings-Ballad, 

OSD Federal Register Liaison Officer,  Department of Defense. 

[FR Doc. 04-25196 Filed 11-10-04; 8:45 am] 

BILLING CODE 5001-06-P
§ 532.265 Special wage schedules for apprentices and shop trainees. ( a ) Agencies may establish special wage schedules for apprentices and shop trainees who are included in: ( 1 ) Formal apprenticeship programs involving training for journeyman level duties in occupations that are recognized as apprenticeable by the Bureau of Apprenticeship and Training, U.S. Department of Labor; or
( 2 ) Formal shop trainee programs involving training for journeyman level duties in nonapprenticeable occupations that require specialized trade or craft skill and knowledge.
( b ) Special schedules shall consist of a single wage rate for each training period. Wage rates shall be determined as follows: ( 1 ) Rates shall be based on the current second step rate of the target journeyman grade level on the regular nonsupervisory wage schedule for the area where the apprentice or trainee is employed.
( 2 ) The entrance rate shall be computed at 65 percent of the journeyman level, step 2, rate, or the WG-1, step 1, rate, whichever is greater.
( 3 ) When the WG-1, step 1, rate is used, the apprentice rate shall be increased by a minimum of 5 cents per hour for each succeeding increment interval until the rate obtained by this method equals the rate computed under the formula. No increase shall be less then 5 cents per hour.
( c ) Advancement to higher increments shall be at 26-week intervals, regardless of the total length of the training period. Intermediate rates shall be established by subtracting the entrance rate from the journeyman level, step 2 rate, and dividing the difference by the number of 26-week periods of the particular training term. The resulting quotient equals the increment for each succeeding rate.
( d ) Agencies may hire at advanced rates or accelerate progression through scheduled wage rates if prescribed by approved agency training standards or programs.
( e ) If the employee is promoted to the target job or to a job at the same grade level, the promotion shall be to the second step rate. If the employee is assigned to a job at a grade level that is less than the grade level of the target job, existing pay fixing rules shall be followed.
[55 FR 46144, Nov. 1, 1990]
### **CHAPTER 1529—NATIONAL SOCIETY, DAUGHTERS OF THE AMERICAN COLONISTS**

Sec.
152901.
Definition.
152902.
Organization.
152903.
Purposes.
152904.
Membership.
152905.
Governing body.
152906.
Powers.
152907.
Exclusive right to name, seals, emblems, and badges.
152908.
Restrictions.
152909.
Duty to maintain corporate and tax-exempt status.
152910.
Records and inspection.
152911.
Service of process.
152912.
Liability for acts of officers and agents.
152913.
Annual report.
§ 891.301 Suspension and termination. ( a ) When used in this section, “month” includes the 4-week period for which a retired employee (other than a survivor) receives compensation.
( b ) When compensation is entirely suspended or annuity is entirely waived or suspended, Government contributions are suspended. If the election is to subscribe to the uniform plan, and the annuity or compensation is suspended, or the annuity is waived to the extent that the retired employee's share of the cost cannot be withheld, withholdings and Government contributions are suspended, but the subscription continues.
( c ) If the waiver or suspension covers 3 months or less, Government contributions and withholdings for the period of waiver or suspension shall be made when annuity payment is resumed. If the waiver or suspension covers more than 3 months, the retired employee's election is terminated effective at the end of the third month of waiver or suspension. A terminated election is renewed when annuity or compensation payment is resumed. When a terminated election is renewed pursuant to this paragraph, withholdings and Government contributions shall be made for the first 3 months of the waiver or suspension. Withholdings and Government contributions shall be made for annuity or compensation accruing after the election is renewed.
( d ) If title of a retired employee to annuity or compensation is terminated, his eligibility under this part is terminated.
( e ) If the eligibility of a retired employee is terminated and other members of the same family continue to be eligible under this part, the election of the former retired employee continues for the remainder of the family unless and until changed in accordance with § 891.202.
Electronically Filed Intermediate Court of Appeals CAAP-16-0000326 28-JUL-2016 08:13 AM
### §152405. Powers

(a) General.—The corporation may—

(1) adopt a constitution and bylaws;

(2) adopt a seal which shall be judicially noticed; and

(3) do any other act necessary to carry out this chapter.

(b) Powers as Trustee.—To carry out its purposes, the corporation has the usual powers of a corporation acting as a trustee in the jurisdiction in which the principal office of the corporation is located, including the power—

(1) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of property or any income from or other interest in property;

(2) to acquire property or an interest in property by purchase or exchange;

(3) unless otherwise required by an instrument of transfer, to sell, donate, lease, invest, or otherwise dispose of any property or income from property;

(4) to borrow money and issue instruments of indebtedness;

(5) to make contracts and other arrangements with public agencies and private organizations and persons and to make payments necessary to carry out its functions;

(6) to sue and be sued; and

(7) to do any other act necessary and proper to carry out the purposes of the corporation.

(c) Encumbered or Restricted Gifts.—A gift, devise, or bequest may be accepted by the corporation even though it is encumbered, restricted, or subject to beneficial interests of private persons, if any current or future interest is for the benefit of the corporation.

(Added Pub. L. 106–474, title II, §201(a), Nov. 9, 2000, 114 Stat. 2093; amended Pub. L. 110–336, §2(b)(3)(B), Oct. 2, 2008, 122 Stat. 3727.)

#### **Editorial Notes**

#### Amendments

2008—Subsec. (b). Pub. L. 110–336 substituted "jurisdiction in which the principal office of the corporation is located," for "District of Columbia," in introductory provisions.
### §22703. Membership

(a) Eligibility.—Except as provided in this chapter, eligibility for membership in the corporation and the rights and privileges of members are as provided in the constitution and bylaws of the corporation.

(b) Voting.—Each member has one vote in the conduct of official business at the post level.

(c) Nondiscrimination.—The terms of membership may not discriminate on the basis of race, color, religion, sex, or national origin.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1307.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 22703(a) | 36:67e (words before 3d comma). | July 23, 1947, ch. 298, §6 (words before 3d comma, words after 3d comma related to discrimination in membership), 61 Stat. 407; Dec. 28, 1950, ch. 1178, 64 Stat. 1122; July 26, 1955, ch. 383, 69 Stat. 375; Sept. 14, 1966, Pub. L. 89–576, 80 Stat. 772; Aug. 15, 1977, Pub. L. 95–98, §1(b)(2), 91 Stat. 830; May 31, 1984, Pub. L. 98–304, 98 Stat. 220. |
| 22703(b) | 36:67f(1) (1st sentence). | July 23, 1947, ch. 298, §7(1) (1st sentence), 61 Stat. 407. |
| 22703(c) | 36:67e (words after 3d comma related to discrimination in membership). | |

Section

In subsection (b), the words "the right to" are omitted as unnecessary.
### §1537. Children of Spanish-American War veterans

Whenever there is no surviving spouse entitled to pension under section 1536 of this title, the Secretary shall pay to the children of each Spanish-American War veteran who met the service requirements of section 1512(a) of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, §537; Pub. L. 94–169, title I, §106(39), Dec. 23, 1975, 89 Stat. 1019; renumbered §1537 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

#### **Editorial Notes**

#### Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 537 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1536" for "536" and "1512(a)" for "512(a)".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1975—Pub. L. 94–169 substituted "surviving spouse" for "widow".

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

#### Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
Exhibit 32.1  Wings & Things, Inc.  CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  Tthe undersigned officer of Wings & Things, Inc. certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  1. the annual report on Form 10-KSB of the Company for the year ended December 31, 2006, 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 Form 10-KSB fairly presents, in all material respects, the financial condition and results of operations of the Company.    Date:   March 27, 2007  /s/ Linda L. Perry Linda L. Perry Principal Executive Officer Principal Financial Officer
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-7293
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CESAR RUBEN CABALLERO, JR., a/k/a Cesar Ruben Cabellero, Defendant - Appellant.Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. John A. MacKenzie, Senior District Judge. (CR-92-200-N, CA-96-1131) Submitted: November 20, 1997 Decided: December 11, 1997 Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Cesar Ruben Caballero, Jr., Appellant Pro Se. William David Muhr, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997). We have reviewed the record and the district court's opinion andfind no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Caballero , Nos. CR-92-200-N; CA-96-1131 (E.D. Va. June 3, 1997). We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED