alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §130302. Principles and purposes

(a) Principles.—The principles underlying the corporation are patriotic allegiance to the United States of America, fidelity to the constitution and laws of the United States, the security of civil liberty, and the permanence of free institutions.

(b) Purposes.—The purposes of the corporation are—

(1) to cherish the memories of the valiant deeds in arms for which the Congressional Medal of Honor, the Distinguished Service Cross, the Navy Cross, and the Air Force Cross are the insignia;

(2) to promote true fellowship among its members;

(3) to advance the best interests of members of the Armed Forces of the United States of America;

(4) to extend all possible relief to needy members of the corporation and their widows and children; and

(5) to stimulate patriotism in the minds of our youth by encouraging the study of the patriotic, military, and naval history of our Nation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1374.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 130302 | 36:633. | Aug. 4, 1955, ch. 546, §3, 69 Stat. 487; June 21, 1961, Pub. L. 87–56, §2, 75 Stat. 95. |

Section

In subsection (b), the word "purposes" is substituted for "objects" for consistency in the revised title. The words "Navy Cross" are restated before "Air Force Cross" in accordance with the order preferred by the Legion of Valor of the United States of America, Incorporated.
§ 532.317 Use of data from the nearest similar area. ( a ) ( 1 ) For prevailing rate employees other than those in the Department of Defense, the lead agency shall, in establishing the regular schedule under the provisions of this subpart, analyze and use the acceptable data from the nearest similar wage area together with the data obtained from inside the local wage survey area. The regular schedule for Department of Defense prevailing rate employees shall be based on local wage data only.
( 2 ) The total number of job matches obtained from the nearest similar wage area shall be equal to the number required for adequacy in § 532.309(a) (2) and (3) of this subpart for appropriated fund surveys and § 532.309(b)(2) of this subpart for nonappropriated fund surveys.
( 3 ) Data shall be selected for inclusion on the basis of the most populous survey jobs as determined by the weighted job matches found in the dominant industry in the selected reference area. In identifying survey jobs for which reference area samples will be included, the jobs required at limited grade ranges shall be selected before jobs in the unlimited grade range. When there is a tie in the selection procedure, the highest graded job shall be selected first.
( 4 ) If there are two dominant industries for which data are obtained from nearest similar areas, the procedure described in paragraph (a)(2) of this section shall be applied independently for each of the specialized industries.
( b ) ( 1 ) The wage rates established for a grade by using data from the nearest similar area may not exceed the wage rates for the same grade in the nearest similar area.
( 2 ) If data are obtained from two nearest similar areas for two dominant industries, the wage rates established for a grade by using these data may not exceed the higher of the wage rates for the same grade in the two nearest similar areas.
( c ) The wage data obtained from the nearest similar area or areas may not be used to reduce the wage rates for any grade in the local area below the rates that would be established for that grade without the use of the data from the nearest similar area or areas.
[46 FR 21344, Apr. 10, 1981, as amended at 54 FR 38197, Sept. 15, 1989. Redesignated and amended at 55 FR 46179, Nov. 1, 1990]
**Exhibit32.1**

**Certificationof Chief Executive Officer**

Pursuant to 18 U.S.C. § 1350, as created by Section906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Conceptus,Inc., a Delaware corporation (the “Company  “) hereby certifies, to such officer’sknowledge, that:

(i)             the accompanyingQuarterly Report on Form 10-Q of the Company for the three months ended June30, 2007 (the “ Report  “) fully complies with therequirements of Section 13(a) or Section 15(d), as applicable, of the SecuritiesExchange Act of 1934, as amended; and

(ii)            the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.
| Date: August 7, 2007 |
|----------------------|
|                 | /s/ Mark M. Sieczkarek |   |
|                 | Mark M. Sieczkarek |
|                 | Chief Executive Officer |

 

----
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 22 - 50729 Summary Calendar

**____________ United States of America,**  Plaintiff
— Appellee **,** versus **Trinidad Walter Encarnacion -**  **Pascual,** Defendant
— Appellant **.**

**______________________________** Appeal from the United States District Court for the Western District of Texas USDC No. 4:22 - CR - 142 - 1

**______________________________** Before **Wiener, Elrod,** and **Engelhardt,** Circuit Judges **. Per Curiam**  **:** ***** Trinidad Walter Encarnacion - Pascual appeals his conviction and sentence for illegal reentry after removal in violation of 8 U.S.C. § 1326(a) and (b)(2). He contends that the enhancement of his sentence pursuant to § 1326(b) was unconstitutional because the fact of his prior conviction , which increased his statutory maximum, was treated as a sentencing factor, rather than as an element of the offense . He has filed an unopposed motion for

**_____________________** * This opinion is not designated for publication. See **5th Cir . R.**  47.5. United States Court of Appeals Fifth Circuit 

### FILED January 20, 2023

Lyle W. Cayce Clerk Case: 22-50729 Document: 00516618482 Page: 1 Date Filed: 01/20/2023No. 22 - 50729

2 summary disposition and a letter brief explaining that he has raised this issue only to preserve it for further review and conceding correctly t hat this issue is foreclosed by Almendarez - Torres v. United States , 523 U.S. 224 (1998). See United States v. Pervis , 937 F.3d 546, 553 - 54 (5th Cir. 2019) . Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1 162 (5th Cir. 1969), Encarnacion - Pascual’s motion is **GRANTED** , and the district court’s judgment is **AFFIRMED** . Case: 22-50729 Document: 00516618482 Page: 2 Date Filed: 01/20/2023
**Exhibit 32.1**

 

**CERTIFICATION**

 

Pursuant to the requirement set forth in Rule 13a-14(b) ofthe Securities Exchange Act of 1934, as amended, (the “Exchange Act”) and Section 1350of Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350, asadopted), Robert P. Akins, Chief Executive Officer of Cymer, Inc., aNevada corporation (the “Registrant”), hereby certifies that, to the best ofhis knowledge:

 

1.     TheRegistrant’s quarterly report on Form 10-Q for the period ended June 30,2005, to which this certification is attached as Exhibit 32.1 (the “Report”),fully complies with the requirements of Section 13(a) of the ExchangeAct; and

 

2.     Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Registrant.

 

**In Witness Whereof**,the undersigned has set his hand hereto as of the 3rd day of August, 2005.

 

 
| /s/ Robert P. Akins                      |   |
|------------------------------------------|--------|
|                                     |
| Robert P. Akins, Chief Executive Officer |

 

Thiscertification accompanies the Form 10-Q to which it relates, is not deemedfiled with the Securities and Exchange Commission and is not to be incorporatedby reference into any filing of Cymer, Inc. under the Securities Act of1933, as amended, or the Securities Exchange Act of 1934, as amended (whether madebefore or after the date of the Form 10-Q), irrespective of any generalincorporation language contained in such filing.

 

----
### §154511. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1437.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 154511 | 36:2809. | Oct. 19, 1984, Pub. L. 98–520, §9, 98 Stat. 2429. |

Section
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2172 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2172

     To establish the position of Under Secretary of Commerce for 
              Manufacturing in the Department of Commerce.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2003

Mr. McCotter (for himself, Mr. Knollenberg, Mr. Manzullo, Mr. Hoekstra, 
 and Mr. Rogers of Michigan) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
     To establish the position of Under Secretary of Commerce for 
              Manufacturing in the Department of Commerce.

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

SECTION 1. UNDER SECRETARY OF COMMERCE FOR MANUFACTURING.

    (a) Establishment.--There is in the Department of Commerce the 
position of Under Secretary of Commerce for Manufacturing. The Under 
Secretary shall be appointed by the President by and with the advice 
and consent of the Senate.
    (b) Duties.--The Under Secretary of Commerce for Manufacturing 
shall--
            (1) represent and advocate for the interests of the 
        manufacturing sector;
            (2) aid in the development of policies that promote the 
        expansion of the manufacturing sector;
            (3) review policies that may adversely impact the 
        manufacturing sector; and
            (4) perform such other duties as the Secretary of Commerce 
        shall prescribe.
    (c) Reporting Requirements.--The Under Secretary of Commerce for 
Manufacturing shall submit to Congress an annual report that contains 
the following:
            (1) An overview of the state of the manufacturing sector in 
        the United States.
            (2) A forecast of the future state of the manufacturing 
        sector in the United States.
            (3) An analysis of current and significant laws, 
        regulations, and policies that adversely impact the 
        manufacturing sector in the United States.
    (d) Compensation.--Section 5314 of title 5, United States Code, 
relating to Level III of the Executive Schedule, is amended by 
inserting before ``and Under'' in the item relating to the Under 
Secretaries of Commerce the following: ``Under Secretary of Commerce 
for Manufacturing,''.
                                 <all>
```
#### The People of the State of New York, Respondent, v. Walter Schlecta, Appellant.

No opinion. Present — Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ.
§ 870.706 Reinstatement of life insurance. ( a ) An annuitant whose disability annuity terminates because he/she recovers from the disability or because his/her earning capacity returns, and whose disability annuity is later restored under 5 U.S.C. 8337(e) (after December 31, 1983), may elect to resume the Basic insurance held immediately before his/her disability annuity terminated. OPM must receive the election within 60 days after OPM mails a notice of insurance eligibility and an election form.
( b ) An annuitant described in paragraph (a) of this section may elect to resume any Optional insurance held immediately before the annuity terminated if: ( 1 ) He/she has made an election under paragraph (a) of this section; and
( 2 ) OPM receives the election within 60 days after OPM mails a notice of insurance eligibility and an election form.
( c ) Basic and Optional insurance reinstated under paragraphs (a) and (b) of this section is effective on the 1st day of the month after the date OPM receives the election. Any applicable annuity withholdings are also reinstated on the 1st day of the month after OPM receives the election.
( d ) The amounts of Basic and Optional insurance reinstated under paragraphs (a) and (b) of this section are the amounts that would have been in force if the individual's annuity hadn't terminated.
[62 FR 48731, Sept. 17, 1997; 62 FR 52181, Oct. 6, 1997. Redesignated at 64 FR 72463, Dec. 28, 1999]
§ 839.1202 Can OPM waive repayment of a monetary award I received as resolution of the harm caused me by a qualifying retirement coverage error? ( a ) The FERCCA allows OPM, in its sole discretion, to waive repayment of all or part of a settlement payment or court-ordered payment if you can demonstrate that CSRS Offset coverage does not fully compensate you for your losses.
( b ) Your request for waiver must state why you believe waiver of repayment is appropriate and include any evidence that supports your request.
# L_2021075EN.01003001.xml

| 4.3.2021 | EN | Official Journal of the European Union | L 75/30 |
| --- | --- | --- | --- |

4.3.2021

EN

Official Journal of the European Union

L 75/30

---

DECISION OF THE EEA JOINT COMMITTEE No 194/2018

of 21 September 2018

amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement [2021/308]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Implementing Decision (EU) 2018/661 of 26 April 2018 amending Implementing Decision (EU) 2015/750 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union as regards its extension in the harmonised 1427-1452 MHz and 1492-1517 MHz frequency bands (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Implementing Decision (EU) 2018/661 of 26 April 2018 amending Implementing Decision (EU) 2015/750 on the harmonisation of the 1452-1492 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Union as regards its extension in the harmonised 1427-1452 MHz and 1492-1517 MHz frequency bands (1) is to be incorporated into the EEA Agreement.

| (2) | Annex XI to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex XI to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following is added in point 5czk (Commission Implementing Decision (EU) 2015/750) of Annex XI to the EEA Agreement:

| | ‘, as amended by:






  — | 32018 D 0661: Commission Implementing Decision (EU) 2018/661 of 26 April 2018 (OJ L 110, 30.4.2018, p. 127).’. |
| --- | --- | --- |

‘, as amended by:

—

32018 D 0661: Commission Implementing Decision (EU) 2018/661 of 26 April 2018 (OJ L 110, 30.4.2018, p. 127).’.

Article 2

The text of Implementing Decision (EU) 2018/661 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 22 September 2018, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 21 September 2018.

For the EEA Joint Committee

The President

Oda Helen SLETNES

---

(1)  
  OJ L 110, 30.4.2018, p. 127.

1

(*1)  No constitutional requirements indicated.

*1

---
### §3223. Refunds of contributions upon disenrollment

(a) Contributions made to the program by a participant may be refunded only after the participant has disenrolled from the program or as provided in section 3224 of this title.

(b) If a participant disenrolls from the program prior to discharge or release from active duty, such participant's contributions will be refunded on the date of the participant's discharge or release from active duty or within 60 days of receipt of notice by the Secretary of the participant's discharge or disenrollment, except that refunds may be made earlier in instances of hardship or other good reason as prescribed in regulations issued jointly by the Secretary and the Secretary of Defense.

(c) If a participant disenrolls from the program after discharge or release from active duty, the participant's contributions shall be refunded within 60 days of receipt of an application for a refund from the participant.

(d) In the event the participant (1) dies while on active duty, (2) dies after discharge or release from active duty, or (3) disenrolls or is disenrolled from the program without having utilized any entitlement, the participant may have accrued under the program, or, in the event the participant utilizes part of such participant's entitlement and disenrolls or is disenrolled from the program, the amount contributed by the Secretary of Defense under the authority of section 3222(c) of this title remaining in the fund shall be refunded to such Secretary.

(Added Pub. L. 94–502, title IV, §404, Oct. 15, 1976, 90 Stat. 2395, §1623; amended Pub. L. 98–160, title VII, §702(7), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101–237, title IV, §423(b)(1)(A), (4)(A), (7), Dec. 18, 1989, 103 Stat. 2092, 2093; renumbered §3223 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

#### **Editorial Notes**

#### Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 1623 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3224" for "1624".

Subsec. (d). Pub. L. 102–83, §5(c)(1), substituted "3222(c)" for "1622(c)".

1989—Subsec. (b). Pub. L. 101–237, §423(b)(1)(A), (4)(A), substituted "Secretary" for "Administrator" wherever appearing and inserted "of Defense" after "Secretary" at end.

Subsec. (d). Pub. L. 101–237, §423(b)(7), inserted "of Defense" after first reference to "Secretary" and substituted "such" for "the" before second reference to "Secretary".

1983—Subsec. (a). Pub. L. 98–160 inserted "of this title" after "section 1624".

Subsec. (d). Pub. L. 98–160 inserted "of this title" after "section 1622(c)".

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

#### Effective Date

Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.
### §60107. Restrictions

(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.

(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or reimbursement for actual and necessary expenses in amounts approved by the board of directors.

(d) Loans.—The corporation may not make a loan to a director, officer, or employee.

(e) Claim of Governmental Approval or Authorization.—The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1346.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 60107(a) | 36:4808(d). | Nov. 5, 1990, Pub. L. 101–510, title XVI, §1608, 104 Stat. 1737. |
| 60107(b) | 36:4808(c). | |
| 60107(c) | 36:4808(a). | |
| 60107(d) | 36:4808(b). | |
| 60107(e) | 36:4808(e). | |

Section

In subsection (a), the words "any shares of" are omitted as unnecessary.

In subsection (b), the words "as such" are substituted for "acting as such officer or director" for consistency in the revised title. The word "otherwise" is omitted as unnecessary.
Kodiak
Energy, Inc.





EXHIIBIT
32.2





CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the annual Report of Kodiak Energy, Inc. on Form 10-K for the
period ended December 31, 2007 as filed with the Securities and Exchange
Commission (the "Report"), each of the undersigned, in the capacities and on the
dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:





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





2.
            the
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operation of the
      Company.








Dated:
March 17, 2008




/s/   
 William E. Brimacombe


William
E. Brimacombe


Chief
Financial Officer











A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, 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.












---
[Exhibit 10.11]


                       Consent of Director


November 1, 2002



Gentlemen:

I hereby consent to the use of my name in the registration of the
securities of Link Plus Corp. (Tax ID. # 52-1018174).

Sincerely,



/s/Fred L. Alexander
9671 Brynmar Drive
Villa Park, CA  92861
### §212. Advancement of basic pay: members deployed in combat zone for more than one year

(a) Eligibility; Amount Advanced.—If a member of the armed forces is assigned to duty in an area for which special pay under section 310, or paragraph (1) or (3) of section 351(a), of this title is available and the assignment is pursuant to orders specifying an assignment of one year or more (or the assignment is extended beyond one year), the member may request, during the period of the assignment, the advanced payment of not more than three months of the basic pay of the member.

(b) Consideration of Request.—A request by a member described in subsection (a) for the advanced payment of a single month of basic pay shall be granted. The Secretary concerned may grant a member's request for a second or third month of advanced basic pay during the assignment upon a showing of financial hardship.

(c) Recoupment of Advanced Pay.—The Secretary concerned shall recoup an advance made on the basic pay of a member under this section in equal installments over a one-year period beginning as provided in subsection (d). If the member is serving on active duty for any month during the recoupment period, the amount of the installment for the month shall be deducted from the basic pay of the member for that month. The estate of a deceased member shall not be required to repay any portion of the advanced pay paid to the member and not repaid before the death of the member.

(d) Commencement of Recoupment.—The recoupment period for an advancement of basic pay to a member under this section shall commence on the first day of the first month beginning on or after the date on which the member receives the advanced pay.

(Added Pub. L. 108–375, div. A, title VI, §606(a), Oct. 28, 2004, 118 Stat. 1945; amended Pub. L. 114–328, div. A, title VI, §618(h)(1), Dec. 23, 2016, 130 Stat. 2160.)

#### **Editorial Notes**

#### Amendments

2016—Subsec. (a). Pub. L. 114–328 inserted ", or paragraph (1) or (3) of section 351(a)," after "section 310".